New York Unborn Victims of Violence Act (A 3128)

A 3128 would amend current legislation to allow any person or “unborn child” in any stage of gestation to be the victim of an assault or homicide.

Under this law, a homicide is defined as follows:

[C]onduct which causes the death of a person or an unborn child [with which a female has been pregnant for more than 24 weeks] at any stage of gestation under circumstance constituting murder in the first degree, murder in the second degree, manslaughter in the first degree, manslaughter in the second degree, vehicular manslaughter in the first degree, vehicular manslaughter in the second degree or criminally negligent homicide, abortion in the first degree or self-abortion in the first degree.

Lawful abortions or otherwise necessary medical treatment resulting in the death of an “unborn child” would not apply.

STATUS

Companion bill to S 1950.

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