Summary of  the bill  A2815/S1638  House and Senate Bill

Creates the crime of partial birth abortion; provides that such crime is a class E felony; bans abortions that are performed by a physician who delivers a living fetus into the vagina before killing the fetus and completing the delivery.

Information below: 
        Current status - dead
        Memo
        Legislative History
        Senate Information, including voting record
        Assembly Information

Last Status
Partial-Birth Abortion Ban Bill Update - in the NYS House

On April 12, 1999, the vote that was taken was not yea or nay for the partial-birth abortion ban. Assembly Speaker Silver created a scenario in which he took the position that only one bill per legislative session could be subjected to a "motion-to-discharge" vote and the majority , i.e. Democrats, could select which bill that would be. They chose a budget reform bill rather than the partial-birth abortion ban.

The minority, i.e. Republicans, argued with the Majority's newfound "selection" process for motion-to-discharge bills. Ultimately the Chairman ruled on a point of order that the Flanagan budget reform bill was the only one available for a motion-to-discharge vote and no other bill could be substituted for it. Then that question was put to the floor, i.e. should Mr. Flanagan's motion-to-discharge be on the floor, or can there be a substitute motion made?  The vote was 75-66 in favor of the Chairman's ruling and thus, against allowing the partial-birth abortion motion to be substituted.

This was neither (1) a vote on the partial-birth abortion ban bill   nor (2) a "motion-to-discharge" the partial-birth abortion legislation from committee.  It was a vote on whether or not to appeal the Chairman's decision to keep "motion-to-discharge" the abortion bill off the floor. Thus, the potential for action on the proposal to ban partial-birth abortions appears to be over in this legislative session of the NYS Legislature.

However, the need to pass a ban on this violent and repugnant abortion procedure continues. What can be done at this time?

MEMO - Description of the bill (Assembly and Senate are identical)

BILL NUMBER: A2815 / S1638

PURPOSE: To create the crime of partial birth abortions.

SUMMARY OF SPECIFIC PROVISIONS: The bill would ban abortions that are performed by a physician who delivers a living fetus into the vagina and then kills the fetus. The bill specifically defines a partial birth abortion as an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. Physicians who violate the law would be subject to both criminal and civil penalties, but no penalty could be applied to the woman who obtained such an abortion.

JUSTIFICATION: The partial birth abortion procedure is often used for second trimester abortions from 20 to 24 weeks (4 1/2 to 5 1/2 months). It can be used in the third trimester and in some cases, is performed up until the ninth month. The procedure consists of the induced partial delivery of the fetus in a breech position. When only the head remains in the birth canal, surgical scissors are inserted into the back of the head and the brain of the fetus is removed.

According to the Alan Guttmacher Institute, there are 164,000 abortions a year performed after the first three months of pregnancy and 13,000 abortions annually after 4 1/2 months. It is not certain how many of these abortions are partial birth abortions.

Dr. Martin Haskell of Dayton, Ohio, a pioneer in this inhumane technique and who has written a paper describing this procedure, writes that he "routinely performs this procedure on all patients" who have been pregnant for 20 weeks or more. In his experience, 80% of the abortions were purely elective and had nothing to do with the health of the mother or the baby. He further notes that these abortions are performed under only local anesthesia, which has no effect on the baby. This devastating procedure is nothing less than murder and cannot be justified.

Legislative History: S.6901/A.9717 of 1995-96. Passed Senate.

Senate Information

01/27/99 REFERRED TO CODES
03/24/99 REPORTED AND COMMITTED TO RULES
03/24/99 ORDERED TO THIRD READING CAL.398
03/24/99 MOTION TO AMEND LOST - ROLL CALL VOTE
03/24/99 PASSED SENATE
03/24/99 DELIVERED TO ASSEMBLY
03/24/99 referred to health

Senate Votes
Senate Vote for Bill: S1638 Date: 03/24/1999 Aye - 41 Nay - 19

Assembly Information

Status: A 2815 Manning (MS)
01/27/99 referred to health
03/30/99 held for consideration in health

Text of the Bill

STATE  OF  NEW YORK

S. 1638 A. 2815
1999-2000 Regular Sessions
S E N A T E - A S S E M B L Y

January 27, 1999

___________

IN SENATE -- Introduced by Sens. MALTESE, FARLEY, HOLLAND, JOHNSON, LARKIN, LIBOUS, MARCHI, MAZIARZ, MEIER, PADAVAN, RATH, STAFFORD, TRUNZO, VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. MANNING, BARRAGA, WIRTH, WERTZ, DINGA, KIRWAN, PRENTISS, SEMINERIO -- Multi-Sponsored by -- M. of A.  ACAMPORA, BACALLES, BOYLE, M. BUTLER, CASALE, CONTE, DALY, D'ANDREA, FASO, FESSENDEN, FLANAGAN, HERBST, JOHNSON, LABRIOLA, LITTLE, MILLER, MILLS, YOUNG -- read once and referred to the Committee on Health

AN ACT to amend the penal law, in relation to the crime of partial birth abortion

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1 Section 1. The penal law is amended by adding a new section 125.65 to
2 read as follows:
3 § 125.65 PARTIAL BIRTH ABORTION.
4 1. A PERSON IS GUILTY OF PARTIAL BIRTH ABORTION WHEN HE OR SHE KNOW-
5 INGLY PERFORMS A PARTIAL BIRTH ABORTION AND THEREBY KILLS A HUMAN FETUS.
6 2. AS USED IN THIS SECTION, THE TERM "PARTIAL BIRTH ABORTION" MEANS
7 PARTIALLY VAGINALLY DELIVERING A LIVING FETUS BEFORE KILLING THE FETUS
8 AND COMPLETING THE DELIVERY. THIS PROCEDURE IS CHARACTERIZED BY THE
9 AMERICAN MEDICAL ASSOCIATION AS "INTACT DILATATION AND EXTRACTION" (OR
10 INTACT D&X).
11 3. A FEMALE UPON WHOM A PARTIAL BIRTH ABORTION IS PERFORMED MAY NOT BE
12 PROSECUTED UNDER THIS SECTION FOR A CONSPIRACY TO VIOLATE THIS SECTION
13 OR FOR AN OFFENSE UNDER THIS SECTION.
14 4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A PARTIAL BIRTH
15 ABORTION PERFORMED BY A DULY LICENSED PHYSICIAN THAT IS NECESSARY TO
16 SAVE THE LIFE OF A MOTHER WHOSE LIFE IS ENDANGERED BY A PHYSICAL DISOR-
1 DER, ILLNESS OR INJURY WHERE NO OTHER MEDICAL PROCEDUREWOULD SUFFICE
2 FOR THAT PURPOSE.
3 PARTIAL BIRTH ABORTION IS A CLASS E FELONY.
4 § 2. Subdivision 3 of section 125.05 of the penal law, as amended by
5 chapter 127 of the laws of 1970, is amended to read as follows:
6 3. "Justifiable abortional act." An abortional act is justifiable
7 when committed upon a female with her consent by a duly licensed physi-
8 cian acting (a) under a reasonable belief that such is necessary to
9 preserve her life, or, (b) within twenty-four weeks from the commence-
10 ment of her pregnancy. A pregnant female's commission of an abortional
11 act upon herself is justifiable when she acts upon the advice of a duly
12 licensed physician (1) that such act is necessary to preserve her life,
13 or, (2) within twenty-four weeks from the commencement of her pregnancy.
14 The submission by a female to an abortional act is justifiable when she
15 believes that it is being committed by a duly licensed physician, acting
16 under a reasonable belief that such act is necessary to preserve her
17 life, or, within twenty-four weeks from the commencement of her pregnan-
18 cy. PARTIAL BIRTH ABORTION SHALL NOT CONSTITUTE A JUSTIFIABLE ABORTION-
19 AL ACT.
20 § 3. This act shall take effect on the first day of November next
21 succeeding the date on which it shall have become a law.