New York A 2198: Establishes the crime of assault on a pregnant person

Bill Text

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A02198 Summary:

BILL NOA02198 

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SAME ASNo Same As

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SPONSORManktelow

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COSPNSRAngelino, Brabenec, Blankenbush, Barclay, Cook, Durso, DeStefano, DiPietro, Hawley, Friend,
 Morinello, Mikulin, McDonough, Miller, Palmesano, Reilly, Smullen, Tannousis, Walsh

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MLTSPNSR

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Add §§120.05-a & 120.10-a, amd §70.02, Pen L

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Establishes the crimes of assault on a pregnant person in the second degree as a class D felony and assault on a pregnant person in the first degree as a class C felony.

Go to top A02198 Actions:

BILL NOA02198 

&nbsp

01/15/2025referred to codes

01/07/2026referred to codes

04/21/2026held for consideration in codes

Go to topA02198 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:04/21/2026AYE/NAY:14/6 Action: Held for Consideration DinowitzAyeMorinelloNay

CookExcusedReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

BoresExcused

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

TaylorAye

Go to topA02198 Floor&nbspVotes:

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

Go to topA02198 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2198

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 15, 2025
 ___________

 Introduced by M. of A. MANKTELOW, ANGELINO, BRABENEC, BLANKENBUSH,
 BARCLAY, COOK, DURSO, DeSTEFANO, DiPIETRO, HAWLEY, FRIEND, MORINELLO,
 MIKULIN, McDONOUGH, MILLER, PALMESANO, REILLY, SMULLEN, TANNOUSIS,
 WALSH -- read once and referred to the Committee on Codes

 AN ACT to amend the penal law, in relation to establishing the crime of
 assault on a pregnant person

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "Liv Act".
 3 § 2. The penal law is amended by adding a new section 120.05-a to read
 4 as follows:
 5 § 120.05-a Assault on a pregnant person in the second degree.
 6 An individual is guilty of assault on a pregnant person in the second
 7 degree when such individual intentionally causes injury to a person such
 8 individual knows or has reason to know is pregnant or causes injury to
 9 such person's unborn child.
 10 1. For the purposes of this section, "injury" includes bodily injury
 11 to a pregnant person's unborn child.
 12 2. This section shall not apply to acts committed by:
 13 a. a pregnant person or any person providing treatment relating to an
 14 abortion for which the consent of the pregnant person, or a person
 15 authorized by law to act on behalf of the pregnant person, has been
 16 obtained or for which such consent is implied by law; or
 17 b. any person providing any medical treatment of a pregnant person.
 18 3. This section shall be construed and applied consistent with article
 19 twenty-five of the public health law and applicable laws and regulations
 20 governing health procedures.
 21 Assault on a pregnant person in the second degree is a class D felony.
 22 § 3. The penal law is amended by adding a new section 120.10-a to read
 23 as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01867-01-5

 A. 2198 2

 1 § 120.10-a Assault on a pregnant person in the first degree.
 2 An individual is guilty of assault on a pregnant person in the first
 3 degree when such individual intentionally causes serious injury to a
 4 person that such individual knows or has reason to know is pregnant or
 5 causes the death of such person's unborn child.
 6 1. This section shall not apply to acts committed by:
 7 a. a pregnant person or any person providing treatment relating to an
 8 abortion for which the consent of the pregnant person, or a person
 9 authorized by law to act on behalf of the pregnant person, has been
 10 obtained or for which such consent is implied by law; or
 11 b. any person providing any medical treatment of a pregnant person.
 12 2. This section shall be construed and applied consistent with article
 13 twenty-five of the public health law and applicable laws and regulations
 14 governing health procedures.
 15 Assault on a pregnant person in the first degree is a class C felony.
 16