New York ‘Born Alive Abortion Survivors Protection Act’ (A 7816)
This law was last updated on Aug 30, 2019
A 7816 would require a health-care practitioner to provide the same degree of care to a child born alive during an attempted abortion as they would render to any other child born alive at the same gestational age.
Unlawful Killing of a Child Born Alive
Any person who intentionally performs or attempts to perform an overt act that kills a child born alive during an attempted abortion would be punished for second degree murder, punishable by 15 to 25 years in prison.
Requirements for Health-Care Practitioners
If an attempted abortion results in a child born alive, any health-care practitioner present at the time would be required to do all of the following:
- Exercise the same degree of care 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
- Ensure that the child born alive is immediately transported and admitted to a hospital.
A health-care practitioner who has knowledge of a failure to comply with the health-care practitioner requirements would be required to report the failure to an appropriate state or federal law enforcement agency, or both.
A person who violates this provision would be guilty of a class A misdemeanor.
Based on model legislation drafted by Americans United for Life (AUL).
Companion bill to S 5332.
5/23/19 – Introduced; referred to Assembly Health Committee.