Bill S5881-2013

Relates to access to reproductive services

Relates to access to reproductive services.

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  • Jan 8, 2014: REFERRED TO RULES
  • Jun 18, 2013: REFERRED TO RULES

Memo

BILL NUMBER:S5881                REVISED 6/26/13

TITLE OF BILL: An act to amend the public health law, in relation to access to reproductive services

Purpose:

This bill would enact part of the New York Women's Agenda, which would break down barriers that perpetuate discrimination and inequality based on gender. New York State has a proud history and tradition of leading the nation in progressive ideals and reforms This is especially so with respect to women's rights in 1843, the women's suffrage movement was born at the first Women's Rights Convention in Seneca Falls, New York. From that moment in time and continuing through today, the state has been the home of female leaders and visionaries, from Elizabeth Cady Stanton who initiated the first organized women's rights and women's suffrage movements, to Audre Lorde, a leading African-American poet and essayist who gave voice to women's issues, and Gloria Steinem, the journalist, author and activist. These New Yorkers have served as role models for not only their generation but for every generation to come.

Over the years, New York has fallen behind in its role as a progressive leader on women's rights. Today, statistics clearly show that women in New York State are not treated equally to men.

The New York Women's Agenda will return the State to its rightful place as a leader on women's equality.

Summary of Bills:

10) Roe v. Wade:

This bill would amend the Public Health Law to protect a woman's right to choose by codifying in state law the federal Supreme Court decision Roe v. Wade. 410 U.S.113 (1973). This bill would allow a woman to terminate her pregnancy within twenty-four weeks of the commencement of her pregnancy, or when necessary to protect a woman's life or health as determined by a licensed physician It would further prohibit any prosecution or proceeding under the Penal Law for any action authorized by this section or permitted by the Public Health Law and Education Law This bill would also repeal Penal L §§ 125.05(2), 125.05(3), 125.15(2), 125.20(3), 125.40, 125.45, 125.50. 125.55, and 125.60 to the extent they are inconsistent with this bill. Finally, it would also make clear that nothing in the amendment shall conflict with any applicable state or federal law or regulation permitting a health came provider to refrain from providing abortions due to the provider's religious or moral beliefs, or with the federal partial birth abortion ban codified in 18 U S C. § 1531.

Existing Law:

This bill would amend the Public Health Law.

Statement in Support:

* Protecting a Woman's Freedom of Choice

This bill aligns State law with existing federal law In Roe v. Wade, 410 U.S. 113 (1973), the United States Supreme Court ruled that the United States Constitution protects a woman's right to terminate her pregnancy when necessary to protect the health and life of the woman New York became one of the first states to provide women the right to choose prior to Roe and therefore did not include elements now protected under federal law. This proposal would not change or alter existing State and federal laws that permit a health care provider or institutions from refraining from providing an abortion for religious or moral beliefs, would not expand the class of individuals who could perform abortions, nor would it alter the current longstanding criminal ban on partial birth abortion. However, it would incorporate the important reproductive rights that women in New York have had since Roe.

Budget Implications:

This bill will have no budget implications for the State.

Effective Date:

This bill would take effect 30 days after enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 5881 2013-2014 Regular Sessions IN SENATE June 18, 2013 ___________
Introduced by Sen. SAVINO -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to access to repro- ductive services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 4166 to read as follows: S 4166. ACCESS TO REPRODUCTIVE SERVICES. THE STATE SHALL NOT DENY A WOMAN'S RIGHT TO OBTAIN AN ABORTION AS ESTABLISHED BY THE UNITED STATES SUPREME COURT IN THE DECISION ROE V. WADE, 410 U.S.113 (1973). NOTWITH- STANDING ANY LAW TO THE CONTRARY, NEW YORK PROTECTS A WOMAN'S RIGHT TO TERMINATE A PREGNANCY WITHIN TWENTY-FOUR WEEKS FROM COMMENCEMENT OF HER PREGNANCY, OR WHEN NECESSARY TO PROTECT A WOMAN'S LIFE OR HEALTH AS DETERMINED BY A LICENSED PHYSICIAN. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFLICT WITH ANY APPLI- CABLE STATE OR FEDERAL LAW OR REGULATION PERMITTING A HEALTH CARE PROVIDER TO REFRAIN FROM PROVIDING ABORTIONS DUE TO THE PROVIDER'S RELI- GIOUS OR MORAL BELIEFS. NOTHING IN THIS SECTION SHALL CONFLICT WITH THE PARTIAL BIRTH ABORTION BAN CODIFIED UNDER 18 USC SECTION 1531. NO PROSECUTION OR PROCEEDING SHALL BE BROUGHT OR MAINTAINED UNDER THE PENAL LAW OR OTHERWISE FOR ACTS THAT ARE AUTHORIZED OR PERMITTED PURSU- ANT TO THIS SECTION OR BY THIS CHAPTER AND THE EDUCATION LAW. SUBDIVISIONS TWO AND THREE OF SECTION 125.05, SUBDIVISION TWO OF SECTION 125.15, SUBDIVISION THREE OF SECTION 125.20 AND SECTIONS 125.40, 125.45, 125.50, 125.55 AND 125.60 OF THE PENAL LAW ARE HEREBY REPEALED TO THE EXTENT THAT THEY ARE INCONSISTENT WITH THIS SECTION. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by a court of compe-
tent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its opera- tion to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect on the thirtieth day after it shall have become a law.

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