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New York · 2025-2026 General Assembly
S05921Provides 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.
Direction
Abortionpersonhood ivfAI label
↓Restricts abortion accessmodel confidence 85%
Defines 'person' and 'unborn child at any stage of gestation' as possible victims of homicide and assault, while carving out exceptions only for consented abortions and medical treatment, so this expands legal recognition of the unborn as a separate victim in criminal law.
"Person," when referring to the victim of a homicide, means a human being who has been born and is alive or an unborn child at any stage of gestation.
✓ Quote verified word for word in the bill text
AbortionexceptionsAI label
=No change to abortion accessmodel confidence 80%
Explicitly states that the expanded homicide and assault provisions do not permit prosecution for conduct relating to a justifiable abortional act with the pregnant woman's consent or for medical treatment, preserving existing abortion access in those situations.
Nothing in this article shall be construed to permit the prosecution: 1. of any person for conduct relating to a justifiable abortional act for which the consent of the pregnant woman has been obtained; or 2. of any person for any medical treatment of the pregnant woman or her unborn child.
✓ Quote verified word for word in the bill text
Abortionbans gestational limitsAI label
=No change to abortion accessmodel confidence 75%
The bill applies its personhood definition to unborn children at any stage of gestation but carves out consented abortions, creating no new gestational limits or bans on abortion itself.
Why the model tagged it this way: The bill amends the penal law to treat an unborn child at any stage of gestation as a possible victim of assault or homicide (with explicit exceptions for lawful abortion and medical treatment), which is a fetal personhood provision under the abortion topic. It does not change abortion access, gestational limits, or other abortion regulations, so the personhood tag is restricts while the exceptions and gestational provisions are neutral. No provisions address firearms, transgender issues, or immigration enforcement.
Related bills
S00690Enacts the "donor-conceived person protection act" to ensure that reproductive tissue banks, licensed by the department of health, collect a=No change to abortion access↓Restricts transgender recognition & access Died (session ended)
S04468Expands the definition of "family leave" to include persons recovering from a pregnancy loss.↑Expands abortion access↑Expands abortion access Died (session ended)
A05319Expands the definition of "family leave" to include persons recovering from a pregnancy loss.↑Expands abortion access↑Expands abortion access Died (session ended)
S02619Removes restrictions of three-cycle coverage for in vitro fertilization; mandates individual insurance coverage of in vitro.↑Expands abortion access Died (session ended)