S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8742
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by  M. of A. SOLAGES, GOTTFRIED -- read once and referred to
   the Committee on Health
 
 AN ACT to amend the public health law, the education law and  the  penal
   law, in relation to prohibiting virginity examinations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding two new sections
 230-f and 267-a to read as follows:
   § 230-F. UNAUTHORIZED VIRGINITY EXAMINATIONS. FOR THE PURPOSES OF THIS
 TITLE, PROFESSIONAL MISCONDUCT SHALL INCLUDE THE PERFORMANCE OF VIRGINI-
 TY EXAMINATIONS OR SUPERVISING THE PERFORMANCE OF VIRGINITY EXAMINATIONS
 IN VIOLATION OF SECTION TWO HUNDRED SIXTY-SEVEN-A OF THIS ARTICLE.
   § 267-A. PROHIBITION OF VIRGINITY EXAMINATIONS.  1.  FOR  PURPOSES  OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "VIRGINITY EXAMINATION" SHALL MEAN ANY PRACTICE OR PROCEDURE USED
 TO DETERMINE WHETHER A FEMALE HAS PREVIOUSLY HAD SEXUAL INTERCOURSE.
   (B) "MEDICAL SETTING" SHALL MEAN ANY LOCATION WHERE  LICENSED  MEDICAL
 PRACTITIONERS  ARE  AUTHORIZED  TO  PROVIDE  HEALTH CARE TO INDIVIDUALS,
 INCLUDING, BUT NOT LIMITED TO,  HOSPITALS,  LONG-TERM  CARE  FACILITIES,
 PHYSICIAN'S OFFICES, URGENT-CARE CENTERS AND OUTPATIENT CLINICS.
   2. NO LICENSED MEDICAL PRACTITIONER SHALL PERFORM A VIRGINITY EXAMINA-
 TION  OR  SUPERVISE  THE  PERFORMANCE  OF  A  VIRGINITY EXAMINATION ON A
 PATIENT.
   3. (A) ANY LICENSED MEDICAL  PRACTITIONER  WHO  PERFORMS  A  VIRGINITY
 EXAMINATION  IN  VIOLATION OF THIS SECTION SHALL BE SUBJECT TO PENALTIES
 FOR PROFESSIONAL MISCONDUCT PURSUANT TO SUBARTICLE THREE OF ARTICLE  ONE
 HUNDRED THIRTY OF THE EDUCATION LAW.
   (B)  ANY  LICENSED MEDICAL PRACTITIONER WHO PERFORMS OR SUPERVISES THE
 PERFORMANCE OF A VIRGINITY EXAMINATION ON AN INDIVIDUAL IN A NON-MEDICAL
 SETTING SHALL BE SUBJECT TO PENALTIES FOR  SEXUAL  ABUSE  IN  THE  FIRST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14190-02-9
              

 A. 8742                             2
 
 DEGREE  PURSUANT  TO SECTION 130.65 IF THE PENAL LAW, IN ADDITION TO THE
 PENALTIES DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   §  2.  Section  6509  of  the education law is amended by adding a new
 subdivision 15 to read as follows:
   (15) A VIOLATION OF SECTION TWO HUNDRED SIXTY-SEVEN-A  OF  THE  PUBLIC
 HEALTH LAW.
   §  3. Section 130.65 of the penal law, as amended by chapter 26 of the
 laws of 2011, is amended to read as follows:
 § 130.65 Sexual abuse in the first degree.
   1. A person is guilty of sexual abuse in the first degree when  he  or
 she subjects another person to sexual contact:
   [1.] (A) By forcible compulsion; or
   [2.]  (B)  When  the other person is incapable of consent by reason of
 being physically helpless; or
   [3.] (C) When the other person is less than eleven years old; or
   [4.] (D) When the other person is less than thirteen years old and the
 actor is twenty-one years old or older.
   2. A PERSON IS ALSO GUILTY OF SEXUAL ABUSE IN THE FIRST DEGREE WHEN HE
 OR SHE IS IN VIOLATION OF PARAGRAPH (B) OF SUBDIVISION THREE OF  SECTION
 TWO HUNDRED SIXTY-SEVEN-A OF THE PUBLIC HEALTH LAW.
   Sexual abuse in the first degree is a class D felony.
   §  4.  Subdivision 3 of section 485.05 of the penal law, as amended by
 section 9 of part NN of chapter 55 of the laws of 2018,  is  amended  to
 read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions  of  this  chapter:  section  120.00  (assault  in  the third
 degree); section 120.05 (assault in the second degree);  section  120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person  less  than  eleven  years  old); section 120.13 (menacing in the
 first degree); section 120.14 (menacing in the second  degree);  section
 120.15  (menacing  in the third degree); section 120.20 (reckless endan-
 germent in the second degree); section 120.25 (reckless endangerment  in
 the  first degree); section 121.12 (strangulation in the second degree);
 section 121.13 (strangulation in the first degree); subdivision  one  of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or  four  of  section 125.20 (manslaughter in the first degree); section
 125.25 (murder in the second degree); section 120.45  (stalking  in  the
 fourth  degree);  section 120.50 (stalking in the third degree); section
 120.55 (stalking in the second degree); section 120.60 (stalking in  the
 first  degree);  subdivision  one  of  section 130.35 (rape in the first
 degree); subdivision one of section 130.50 (criminal sexual act  in  the
 first degree); PARAGRAPH (A) OF subdivision one of section 130.65 (sexu-
 al  abuse  in  the  first  degree);  paragraph (a) of subdivision one of
 section 130.67 (aggravated sexual abuse in the second degree); paragraph
 (a) of subdivision one of section 130.70 (aggravated sexual abuse in the
 first degree); section  135.05  (unlawful  imprisonment  in  the  second
 degree);  section  135.10  (unlawful  imprisonment in the first degree);
 section  135.20  (kidnapping  in  the  second  degree);  section  135.25
 (kidnapping  in the first degree); section 135.60 (coercion in the third
 degree); section 135.61 (coercion in the second degree); section  135.65
 (coercion in the first degree); section 140.10 (criminal trespass in the
 third  degree); section 140.15 (criminal trespass in the second degree);
 section 140.17 (criminal trespass in the first degree);  section  140.20
 (burglary  in  the third degree); section 140.25 (burglary in the second
 degree); section 140.30 (burglary in the first degree);  section  145.00
 (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal

 A. 8742                             3
 
 mischief in the third degree); section 145.10 (criminal mischief in  the
 second  degree); section 145.12 (criminal mischief in the first degree);
 section 150.05 (arson in the fourth degree); section  150.10  (arson  in
 the  third degree); section 150.15 (arson in the second degree); section
 150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
 section  155.30  (grand  larceny  in  the fourth degree); section 155.35
 (grand larceny in the third degree); section 155.40  (grand  larceny  in
 the  second degree); section 155.42 (grand larceny in the first degree);
 section 160.05 (robbery in the third degree); section 160.10 (robbery in
 the second degree);  section  160.15  (robbery  in  the  first  degree);
 section 240.25 (harassment in the first degree); subdivision one, two or
 four  of section 240.30 (aggravated harassment in the second degree); or
 any attempt or conspiracy to commit any of the foregoing offenses.
   § 5. This act shall take effect immediately.