New York S 4624: Establishes the crime of assault on a pregnant individual

Bill Text

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S04624 Summary:

BILL NOS04624 

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SAME ASNo Same As

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SPONSORWEIK

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COSPNSR

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MLTSPNSR

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Add §120.05-a, amd §70.02, Pen L

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Establishes the crime of assault on a pregnant individual as a class D felony.

Go to top S04624 Actions:

BILL NOS04624 

&nbsp

02/10/2025REFERRED TO WOMEN'S ISSUES

01/07/2026REFERRED TO WOMEN'S ISSUES

Go to topS04624 Committee&nbspVotes:

Go to topS04624 Floor&nbspVotes:

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

Go to topS04624 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4624

 2025-2026 Regular Sessions

 IN SENATE

 February 10, 2025
 ___________

 Introduced by Sen. WEIK -- read twice and ordered printed, and when
 printed to be committed to the Committee on Women's Issues

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

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

 1 Section 1. This act shall be known and may be cited as the "Liv Act".
 2 § 2. The penal law is amended by adding a new section 120.05-a to read
 3 as follows:
 4 § 120.05-a Assault on a pregnant individual.
 5 A person is guilty of assault on a pregnant individual when such
 6 person intentionally or knowingly causes injury to an individual such
 7 person knows or has reason to know is pregnant.
 8 1. For the purposes of this section, "injury" includes bodily injury
 9 that results in the termination of a pregnancy.
 10 2. This section shall not apply to acts committed by:
 11 a. a pregnant individual or any person providing treatment relating to
 12 an abortion for which the consent of the pregnant individual, or a
 13 person authorized by law to act on behalf of the pregnant individual,
 14 has been obtained or for which such consent is implied by law; or
 15 b. any person providing any medical treatment of a pregnant individ-
 16 ual.
 17 3. This section shall be construed and applied consistent with article
 18 twenty-five of the public health law and applicable laws and regulations
 19 governing health procedures.
 20 Assault on a pregnant individual is a class D felony.
 21 § 3. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
 22 as amended by chapter 23 of the laws of 2024, is amended to read as
 23 follows:
 24 (c) Class D violent felony offenses: an attempt to commit any of the
 25 class C felonies set forth in paragraph (b); reckless assault of a child

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08594-01-5

 S. 4624 2

 1 as defined in section 120.02, assault in the second degree as defined in
 2 section 120.05, assault on a pregnant individual as defined in section
 3 120.05-a, menacing a police officer or peace officer as defined in
 4 section 120.18, stalking in the first degree, as defined in subdivision
 5 one of section 120.60, strangulation in the second degree as defined in
 6 section 121.12, rape in the second degree as defined in section 130.30,
 7 a crime formerly defined in section 130.45, sexual abuse in the first
 8 degree as defined in section 130.65, course of sexual conduct against a
 9 child in the second degree as defined in section 130.80, aggravated
 10 sexual abuse in the third degree as defined in section 130.66, facili-
 11 tating a sex offense with a controlled substance as defined in section
 12 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdi-
 13 vision three of section 135.35, criminal possession of a weapon in the
 14 third degree as defined in subdivision five, six, seven, eight, nine or
 15 ten of section 265.02, criminal sale of a firearm in the third degree as
 16 defined in section 265.11, intimidating a victim or witness in the
 17 second degree as defined in section 215.16, soliciting or providing
 18 support for an act of terrorism in the second degree as defined in
 19 section 490.10, and making a terroristic threat as defined in section
 20 490.20, falsely reporting an incident in the first degree as defined in
 21 section 240.60, placing a false bomb or hazardous substance in the first
 22 degree as defined in section 240.62, placing a false bomb or hazardous
 23 substance in a