New York A 2195: Enacts the parental involvement leave act

Bill Text

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A02195 Summary:

BILL NOA02195 

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SAME ASNo Same As

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SPONSORManktelow

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COSPNSRBlankenbush, Brabenec, DeStefano, DiPietro, Fitzpatrick, Hawley, McDonough, Miller, Morinello,
 Mikulin, Smullen, Smith, Reilly, Sempolinski

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MLTSPNSR

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Add §2599-bb-2, Pub Health L

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Relates to establishing the born alive abortion survivors' protection act that places requirements on health care practitioners present at the time a child is born alive during an abortion.

Go to top A02195 Actions:

BILL NOA02195 

&nbsp

01/15/2025referred to health

01/07/2026referred to health

Go to topA02195 Committee&nbspVotes:

Go to topA02195 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02195 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2195

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 15, 2025
 ___________

 Introduced by M. of A. MANKTELOW, BLANKENBUSH, BRABENEC, DeSTEFANO,
 DiPIETRO, FITZPATRICK, HAWLEY, McDONOUGH, MILLER, MORINELLO, MIKULIN,
 SMULLEN, SMITH, REILLY -- read once and referred to the Committee on
 Health

 AN ACT to amend the public health law, in relation to establishing the
 born alive abortion survivors' protection act

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The public health law is amended by adding a new section
 2 2599-bb-2 to read as follows:
 3 § 2599-bb-2. The born alive abortion survivors' protection act. 1.
 4 Any health care practitioner present at the time the child is born alive
 5 during an abortion or attempted abortion procedure shall:
 6 (a) exercise the same degree of professional skill, care, and dili-
 7 gence to preserve the life and health of the child as a reasonably dili-
 8 gent and conscientious health care practitioner would render to any
 9 other child born alive at the same gestational age; and
 10 (b) following the exercise of skill, care, and diligence required
 11 under paragraph (a) of this subdivision, ensure that the child born
 12 alive is immediately transported and admitted to a hospital.
 13 2. A health care practitioner licensed, certified, or authorized under
 14 title eight of the education law, acting within such health care practi-
 15 tioner's lawful scope of practice, who has knowledge of a failure to
 16 comply with the requirements of subdivision one of this section shall
 17 immediately report the failure to an appropriate state or federal law
 18 enforcement agency, or to both.
 19 A violation of this subdivision is a class A misdemeanor.
 20 3. An individual that intentionally performs or attempts to perform an
 21 overt act that kills a child born alive described under paragraph (a) of
 22 subdivision one of this section, shall be guilty under section 125.25 or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01098-02-5

 A. 2195 2

 1 110.05 of the penal law for intentionally killing or attempting to kill
 2 a human being.
 3 4. The mother of a child born alive described under subdivision one of
 4 this section may not be prosecuted for a violation of this section, an
 5 attempt to violate this section, a conspiracy to violate this section,
 6 or an offense under subdivision two or three of this section based on
 7 such a violation.
 8 5. If a child is born alive and there is a violation of subdivision
 9 one of this section, the mother of the child born alive upon whom the
 10 abortion was performed or attempted may, in a civil action against any
 11 person who committed the violation, obtain appropriate relief, which
 12 shall include:
 13 (a) actual money damage for all injuries, psychological and physical,
 14 caused by the violation of subdivision one of this section;
 15 (b) statutory damages equal to three times the cost of the abortion or
 16 attempted abortion; and
 17 (c) punitive damages.
 18 6. If judgment is rendered in favor of the plaintiff in any action
 19 authorized under this section, the court shall also award, as part of
 20 the costs, reasonable attorneys' fees in favor of the plaintiff against
 21 the defendant. If judgment is rendered in favor of the defendant and the
 22 court finds that the plaintiff's suit was fri