Better
Thanks! These laws are SICK.
I read through the NY “Reproductive Health Act” and was horrified to find it repeals the NY law preventing infanticide. It would thus default to the federal Born-Alive Infants Protection Act of 2002 (until the DEMs repeal that).
One can go through the NY Senate Bill S2796 (Reproductive Health Act, ARTICLE 25-A) here:
https://www.nysenate.gov/legislation/bills/2017/s2796
To understand this bill you need to flip between 2796 and the repealed sections of the Penal Law, the Criminal Procedure Law and the Public Health Law.
NY Penal Law: http://ypdcrime.com/penal.law/
NY Criminal Procedure Law: http://ypdcrime.com/cpl/
NY Public Health Law, 4164 Induced Viable Births: https://codes.findlaw.com/ny/public-health-law/pbh-sect-4164.html
It's shocking. The bill repeals ALL sections of the above concerning abortion; for example, the definition of homicide and the “designated offense” crimes are changed to remove all references to abortion. As reported, there are absolutely no penalties up to birth (they’re all REPEALED) including when one DELIBERATELY causes the death of an unborn baby against the mothers’ will.
Section 2599-AA of S2796 states “a health care practitioner may perform an abortion after 24 weeks … if necessary to protect the patient’s life or health.” The problem is
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“Health” is not defined. The judgment of health is at the discretion of the health care provider
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If 2599-AA is violated (abortion after 24 weeks for no health reason), there are NO penalties. There’s nothing in the Penal Law and Criminal Procedure Law.
Not widely reported is section 3 of Article 25-A, which states “Section 4164 of the public health law is REPEALED [Induced Viable Births].” It’s not AMENDED or adjusted; it is REPEALED outright! Thus, INFANTICIDE is permitted!