New York S 577: Establishes the volunteer firefighters and emergency medical service volunteer tuition assistance grant program

Status: REFERRED TO HIGHER EDUCATION (as of 2020-01-08)

State: New York · Session: 2019-2020 · Bill: S 577

Sponsors: KENNEDY

Bill Text

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S00577 Summary:

BILL NOS00577 

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SAME ASNo Same As

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SPONSORHELMING

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COSPNSRTEDISCO

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MLTSPNSR

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Add §2599-b-2, Pub Health L

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Relates to establishing the born alive abortion survivors' protection to require any health care practitioner present at the time the child is born alive during an abortion or attempted abortion procedure to exercise the same degree of professional skill, care, and diligence 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 follow the exercise of skill, care, and diligence and ensure that the child born alive is immediately transported and admitted to a hospital.

Go to top S00577 Actions:

BILL NOS00577 

&nbsp

01/08/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS00577 Committee&nbspVotes:

Go to topS00577 Floor&nbspVotes:

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

Go to topS00577 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 577

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. HELMING, TEDISCO -- read twice and ordered printed,
 and when printed to be committed 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-b-2 to read as follows:
 3 § 2599-b-2. The born alive abortion survivors' protection act. 1. Any
 4 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 the lawful scope of
 15 practice, who has knowledge of a failure to comply with the requirements
 16 of subdivision one of this section shall immediately report the failure
 17 to an appropriate state or federal law enforcement agency, or to both.
 18 A violation of this subdivision is a class A misdemeanor.
 19 3. An individual that intentionally performs or attempts to perform an
 20 overt act that kills a child born alive described under paragraph (a) of
 21 subdivision one of this section, shall be guilty under section 125.25 or
 22 110.05 of the penal law for intentionally killing or attempting to kill
 23 a human being.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01098-01-5

 S. 577 2

 1 4. The birthing parent of a child born alive described under subdivi-
 2 sion one of this section may not be prosecuted for a violation of this
 3 section, an attempt to violate this section, a conspiracy to violate
 4 this section, or an offense under subdivision two or three of this
 5 section based on such a violation.
 6 5. If a child is born alive and there is a violation of subdivision
 7 one of this section, the birthing parent of the child born alive upon
 8 whom the abortion was performed or attempted may, in a civil action
 9 against any person who committed the violation, obtain appropriate
 10 relief, which shall include:
 11 (a) actual money damage for all injuries, psychological and physical,
 12 caused by the violation of subdivision one of this section;
 13 (b) statutory damages equal to three times the cost of the abortion or
 14 attempted abortion; and
 15 (c) punitive damages.
 16 6. If judgment is rendered in favor of the plaintiff in any action
 17 authorized under this section, the court shall also award, as part of
 18 the costs

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