senate Bill S2147B

2011-2012 Legislative Session

Relates to the sale or purchase of human body parts

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (23)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 19, 2012 amended on third reading 2147b
vote reconsidered - restored to third reading
Jun 19, 2012 returned to senate
recalled from assembly
May 22, 2012 referred to health
delivered to assembly
passed senate
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.813
Mar 29, 2012 print number 2147a
amend and recommit to health
Jan 04, 2012 referred to health
returned to senate
died in assembly
Jun 16, 2011 referred to health
delivered to assembly
passed senate
May 02, 2011 advanced to third reading
Apr 13, 2011 2nd report cal.
Apr 12, 2011 1st report cal.386
Jan 18, 2011 referred to health

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S2147 - Details

See Assembly Version of this Bill:
A6207B
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §4307, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S2187, A433

S2147 - Summary

Prohibits the procurement of human body parts for use in human transplantation except as provided by law; requires that procurement of body parts be performed only at registered facilities and requires reporting to the county medical examiner or coroner.

S2147 - Sponsor Memo

S2147 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2147

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens.  GOLDEN,  DeFRANCISCO,  JOHNSON  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health

AN  ACT  to  amend  the  public  health  law,  in  relation to sales and
  purchases of human organs

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

  Section  1. Section 4307 of the public health law, as amended by chap-
ter 362 of the laws of 2009, is amended to read as follows:
  S 4307. Prohibition of sales and purchases of  human  organs  OR  BODY
PARTS.  1.  It  shall  be  unlawful for any person to knowingly acquire,
receive, or otherwise transfer  for  valuable  consideration  any  human
organ  for  use in human transplantation, OR TO PROCURE ANY BODY PART IN
VIOLATION OF THIS SECTION. [The term human organ means the human kidney,
liver, heart, lung, bone marrow, and any other human organ or tissue  as
may  be designated by the commissioner but shall exclude blood. The term
"valuable consideration" does not include the reasonable payments  asso-
ciated with the removal, transportation, implantation, processing, pres-
ervation,  quality control, and storage of a human organ or the expenses
of travel, housing, and lost wages incurred by  the  donor  of  a  human
organ  in  connection  with  the  donation of the organ.] Any person who
violates this section shall be guilty of  a  class  E  felony  FOR  EACH
INSTANCE OF SALE.
  2. For the purposes of this section, the donation of a kidney or other
organ  from  a  live donor for transplantation into an individual condi-
tioned upon the donation and transplantation of a similar organ into  an
individual  specified  by  the  donor  shall  not,  in and of itself, be
considered to be "valuable consideration" provided  that  such  donation
and  transplant  are performed in accordance with other applicable laws,
rules and regulations, including any specific rules and regulations  the
commissioner  may  adopt,  with the advice and consent of the transplant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05136-01-1

Co-Sponsors

view additional co-sponsors

S2147A - Details

See Assembly Version of this Bill:
A6207B
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §4307, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S2187, A433

S2147A - Summary

Prohibits the procurement of human body parts for use in human transplantation except as provided by law; requires that procurement of body parts be performed only at registered facilities and requires reporting to the county medical examiner or coroner.

S2147A - Sponsor Memo

S2147A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2147--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by Sens. GOLDEN, DeFRANCISCO, JOHNSON, LARKIN, LIBOUS, YOUNG
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- recommitted to the Committee on  Health  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  public  health  law,  in  relation to sales and
  purchases of human organs

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

  Section  1. Section 4307 of the public health law, as amended by chap-
ter 362 of the laws of 2009, is amended to read as follows:
  S 4307. Prohibition of sales and purchases of  human  organs  OR  BODY
PARTS.  1.  It  shall  be  unlawful for any person to knowingly acquire,
receive, or otherwise transfer  for  valuable  consideration  any  human
organ  for  use in human transplantation, OR TO PROCURE ANY BODY PART IN
VIOLATION OF THIS SECTION. [The term human organ means the human kidney,
liver, heart, lung, bone marrow, and any other human organ or tissue  as
may  be designated by the commissioner but shall exclude blood. The term
"valuable consideration" does not include the reasonable payments  asso-
ciated with the removal, transportation, implantation, processing, pres-
ervation,  quality control, and storage of a human organ or the expenses
of travel, housing, and lost wages incurred by  the  donor  of  a  human
organ  in  connection  with  the  donation of the organ.] Any person who
violates this section shall be guilty of  a  class  E  felony  FOR  EACH
INSTANCE OF SALE.
  2. For the purposes of this section, the donation of a kidney or other
organ  from  a  live donor for transplantation into an individual condi-
tioned upon the donation and transplantation of a similar organ into  an
individual  specified  by  the  donor  shall  not,  in and of itself, be
considered to be "valuable consideration" provided  that  such  donation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05136-02-2

Co-Sponsors

view additional co-sponsors

S2147B (ACTIVE) - Details

See Assembly Version of this Bill:
A6207B
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §4307, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S2187, A433

S2147B (ACTIVE) - Summary

Prohibits the procurement of human body parts for use in human transplantation except as provided by law; requires that procurement of body parts be performed only at registered facilities and requires reporting to the county medical examiner or coroner.

S2147B (ACTIVE) - Sponsor Memo

S2147B (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2147--B
    Cal. No. 813

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by Sens. GOLDEN, DeFRANCISCO, JOHNSON, LARKIN, LIBOUS, YOUNG
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- recommitted to the Committee on  Health  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  favorably from said committee, ordered to first and
  second report, ordered to a third reading, passed by Senate and deliv-
  ered to the Assembly, recalled, vote reconsidered, restored  to  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend  the  public  health  law,  in  relation  to  sales  and
  purchases of human organs

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

  Section 1. Section 4307 of the public health law, as amended by  chap-
ter 362 of the laws of 2009, is amended to read as follows:
  S  4307.  Prohibition  of  sales and purchases of human organs OR BODY
PARTS. 1. It shall be unlawful for  any  person  to  knowingly  acquire,
receive,  or  otherwise  transfer  for  valuable consideration any human
organ for use in human transplantation, OR TO PROCURE ANY BODY  PART  IN
VIOLATION OF THIS SECTION. [The term human organ means the human kidney,
liver,  heart, lung, bone marrow, and any other human organ or tissue as
may be designated by the commissioner but shall exclude blood. The  term
"valuable  consideration" does not include the reasonable payments asso-
ciated with the removal, transportation, implantation, processing, pres-
ervation, quality control, and storage of a human organ or the  expenses
of  travel,  housing,  and  lost  wages incurred by the donor of a human
organ in connection with the donation of  the  organ.]  Any  person  who
violates  this  section  shall  be  guilty  of a class E felony FOR EACH
INSTANCE OF SALE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05136-06-2

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