New York 2025-2026 Regular Session

New York Assembly Bill A02198

Introduced
1/15/25  
Refer
1/15/25  

Caption

Establishes the crimes of assault on a pregnant person in the second degree as a class D felony and assault on a pregnant person in the first degree as a class C felony.

Summary

Bill A02198, known as the 'Liv Act', aims to amend the New York penal law by establishing two new crimes: assault on a pregnant person in the second degree and assault on a pregnant person in the first degree. The second-degree offense is defined as intentionally causing injury to a pregnant individual or their unborn child, classified as a class D felony. The first-degree offense involves causing serious injury or death to a pregnant person or their unborn child, classified as a class C felony. The bill includes specific provisions that exempt actions taken by pregnant individuals or medical professionals providing treatment related to abortion or pregnancy care.

Impact

If enacted, this bill would significantly alter the penal code by introducing new classifications of assault specifically targeting pregnant individuals, thereby enhancing legal protections for this demographic. It would create a legal framework for prosecuting assaults against pregnant persons, which could lead to increased accountability for perpetrators and potentially influence sentencing guidelines for related offenses. This change may also prompt discussions around the implications for healthcare providers and the treatment of pregnant patients in medical settings.

Sentiment

The general sentiment surrounding Bill A02198 appears to be mixed, with some support for enhancing protections for pregnant individuals, while others express concerns about the implications for medical practice and potential overreach in criminalizing certain behaviors. The Assembly Codes Committee's vote of 14 in favor and 6 against indicates a level of contention, suggesting that while there is significant backing, there are also notable reservations among lawmakers.

Contention

Key points of contention include concerns from some lawmakers and advocacy groups regarding the potential impact on medical professionals and the fear that the bill could inadvertently criminalize necessary medical procedures related to pregnancy. Supporters argue that the bill is essential for protecting vulnerable pregnant individuals from violence, while opponents caution about the implications for healthcare and women's rights.

Companion Bills

No companion bills found.

Previously Filed As

NY S04624

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

NY S08895

Establishes a new assault crime for an assault on a retired police officer who previously arrested the assailant; establishes that assaulting such a retired police officer with intent to seek retribution is assault in the first degree.

NY A10282

Establishes a new assault crime for an assault on a retired police officer who previously arrested the assailant; establishes that assaulting such a retired police officer with intent to seek retribution is assault in the first degree.

NY S07627

Establishes the crimes of spoofing a police agency telephone number in the first and second degrees as a class E felony and a class A misdemeanor.

NY S09435

Establishes the crime of package theft in the fourth, third, second and first degrees; designates such crimes as a class A misdemeanor, class E felony, class D felony, and class B felony, respectively; provides instances that are not a defense to such crimes; provides for certain defenses to such crimes.

NY S08873

Enacts the "first responders assault prevention act" which increases the offense classification for assault on a peace officer, police officer, firefighter or emergency medical services professional from a class C felony to a class B felony.

NY A03272

Elevates the level of assault against domestic violence victims to assault in the second degree, a class D felony.

NY S01165

Elevates assault of a code enforcement official in the second degree to a class D felony.

NY S00296

Elevates assault of a code enforcement official in the second degree to a class D felony.

NY A01489

Elevates assault of a code enforcement official in the second degree to a class D felony.

Similar Bills

CA AB923

Detention and incarceration of pregnant and postpartum defendants.

CA AB1880

PINK Alert.

TN SB1681

AN ACT to amend Tennessee Code Annotated, Title 63 and Title 68, relative to medical facility procedures for women experiencing certain medical conditions.

TN HB1943

AN ACT to amend Tennessee Code Annotated, Title 63 and Title 68, relative to medical facility procedures for women experiencing certain medical conditions.

NJ S3794

Requires DOH to prepare resource guide on preeclampsia and gestational diabetes for distribution to pregnant persons.

MS SB2390

Medicaid; remove proof of income requirement from presumptive eligibility for pregnant women.

MS HB662

Medicaid; revise criteria for presumptive eligibility for pregnant women to conform to federal laws and regulations.

IN SB0001

Abortion.