New York S 5921: Prohibits the imposition of certain fees at the expiration of a term on a motor vehicle lease which constitutes administrative, clerical or handling charges

Bill Text

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S05921 Summary:

BILL NOS05921 

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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 §§120.75 & 120.80, amd §§125.00 & 125.05, Pen L

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Provides that either a person or an unborn child in any stage of gestation may be the victim of an assault or homicide; states situations when it does not constitute an assault on an unborn child such as during the course of an otherwise lawful abortion, during normal medical treatment or by the pregnant woman; defines "person" to include any human being who is born and is alive or an unborn child at any stage of gestation.

Go to top S05921 Actions:

BILL NOS05921 

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03/04/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05921 Committee&nbspVotes:

Go to topS05921 Floor&nbspVotes:

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

Go to topS05921 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5921

 2025-2026 Regular Sessions

 IN SENATE

 March 4, 2025
 ___________

 Introduced by Sen. WEIK -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, in relation to the unborn victims of
 violence act

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

 1 Section 1. Legislative intent. The legislature hereby finds and
 2 declares that a significant loophole exists in state law, denying
 3 protection to pregnant women and certain children. Currently, an offen-
 4 der may not be held criminally responsible for the harm caused to a
 5 child unless that child has first been born alive. Therefore, an assai-
 6 lant who shoots a woman who is seven months pregnant, and kills both the
 7 woman and her child, may only be charged with the homicide of the mother
 8 since the infant is not considered a legal victim of the crime.
 9 New York state policy lags behind most states in this area of crime
 10 victims' protection. Thirty-one states now provide protection and
 11 justice for pregnant women and their unborn children who are victims of
 12 violence.
 13 The legislature further finds and declares that current statistics
 14 demonstrate that domestic abuse and violence against women increases
 15 during pregnancy. It is estimated that one in five women will be abused
 16 during pregnancy. A study in the Journal of the American Medical Asso-
 17 ciation found that in the state of Maryland, a pregnant woman is more
 18 likely to be a victim of a homicide than to die of any other cause.
 19 Thus, rather than pregnancy being a peaceful time of preparation and the
 20 growth of a healthy child, for many women it can be a time of violence,
 21 grief and loss.
 22 Compounding this tragedy is the loophole in current law, which denies
 23 effective protection and remedy to women and their children. When a
 24 woman makes a conscious choice to keep her baby and has the choice viol-
 25 ently taken away from her by a violent perpetrator, justice demands that

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10059-01-5

 S. 5921 2

 1 someone be punished for that crime. Indeed, mothers will bury their
 2 baby's body and mark the grave for their child for the rest of their
 3 lives, but New York law tells them their loved one never existed.
 4 The legislature does not intend this act to apply to any abortion to
 5 which a woman has consented, to any act of the mother herself or to any
 6 form of medical treatment. The legislature finds that the current legal
 7 right to abortion does not protect and does not confer on an assailant,
 8 a third-party unilateral right to destroy an unborn child.
 9 The legislature recognizes that a federal "unborn victims of violence"
 10 law was enacted in 2004, yet believes the law to be limited in applying
 11 only to unborn children injured or killed during the course of specified
 12 federal crimes of violence.
 13 It is the intent of the legislature that the affirmative right of a
 14 pregnant woman to carry her child to term be protected, and that perpe-
 15 trators of crimes against pregnant women and their unborn children be
 16 held accountable for their crimes.
 17 § 2. Short title. This