New York ‘Born Alive Abortion Survivors Protection Act’ (S 5332)

This law was last updated on Aug 30, 2019

State

New York

Number

S 5332

Status

Proposed

Apr 26, 2019

Topics

Later Abortion, Physicians Reporting Requirements

Full Bill Text

assembly.state.ny.us

S 5332 would require a health-care practitioner to provide the same degree of care to a child born alive during an attempted abortion as they would render to any other child born alive at the same gestational age.

Unlawful Killing of a Child Born Alive

Any person who intentionally performs or attempts to perform an overt act that kills a child born alive during an attempted abortion would be punished for second degree murder, punishable by 15 to 25 years in prison.

Requirements for Health-Care Practitioners

If an attempted abortion results in a child born alive, any health-care practitioner present at the time would be required to do all of the following:

Exercise the same degree of care to preserve the life and health of the child as a reasonably diligent and conscientious health-care practitioner would render to any other child born alive at the same gestational age; and
Ensure that the child born alive is immediately transported and admitted to a hospital.

Reporting Requirements

A health-care practitioner who has knowledge of a failure to comply with the health-care practitioner requirements would be required to report the failure to an appropriate state or federal law enforcement agency, or both.

A person who violates this provision would be guilty of a class A misdemeanor.

Related Legislation

Based on model legislation drafted by Americans United for Life (AUL).

Companion bill to A 7816.

Latest Action

4/26/19 – Introduced; referred to Senate Health Committee.