Part J

Section 1. The public health law is amended by adding a new section 4166 to read as follows: Access to Reproductive Services. The state shall not deny a womans right to obtain an abortion as established by the United States Supreme Court in the 1973 decision Roe v. Wade. Notwithstanding any law to the contrary, New York protects a womans right to [obtain an abortion when the fetus is not viable] terminate a pregnancy within twenty-four weeks from commencement of her pregnancy, or when necessary to protect a womans life or health as determined by a licensed physician. Nothing in this section shall be construed to conflict with any applicable state or federal law or regulation permitting a health care provider to refrain from providing abortions due to the providers religious or moral beliefs. Nothing in this section shall conflict with the partial birth abortion ban codified under 18 U.S.C. section 1531. No prosecution or proceeding shall be brought or maintained under the penal law or otherwise for acts that are authorized or permitted pursuant to this section or by the Public Health Law and Education Law. Penal Law sections 125.05 (2), 125.05 (3), 125.15 (2), 125.20 (3), 125.40, 125.45, 125.50, 125.55, 125.60 are hereby repealed to the extent that they are inconsistent with this section.