senate Bill S6720

2019-2020 Legislative Session

Relates to establishing the crime of fertility fraud

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Sep 16, 2019 referred to rules

S6720 (ACTIVE) - Details

See Assembly Version of this Bill:
A10672
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §190.90, Pen L
Versions Introduced in 2021-2022 Legislative Session:
S4841, A387

S6720 (ACTIVE) - Summary

Establishes the crime of fertility fraud as an assisted reproduction procedure using the health care provider's own spermatozoon or ovum or using human reproductive material without the donor's consent.

S6720 (ACTIVE) - Sponsor Memo

S6720 (ACTIVE) - Bill Text download pdf


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

                                  6720

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                           September 16, 2019
                               ___________

Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the penal law, in  relation  to  establishing  fertility
  fraud as a class E felony offense

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

  Section 1. The penal law is amended by adding a new section 190.90  to
read as follows:
§ 190.90 FERTILITY FRAUD.
  1.  A  HEALTH  CARE  PROVIDER  IS  GUILTY OF FERTILITY FRAUD WHEN SUCH
PROVIDER: (A) KNOWINGLY OR INTENTIONALLY PERFORMS  AN  ASSISTED  REPROD-
UCTION  PROCEDURE  USING  THE  SPERMATOZOON  OR  OVUM OF THE HEALTH CARE
PROVIDER OR ANY OTHER  DONOR  WITHOUT  THE  PATIENT'S  INFORMED  WRITTEN
CONSENT  TO  TREATMENT  USING  SPERMATOZOON OR OVUM FROM THE HEALTH CARE
PROVIDER OR FROM ANY DONOR OTHER THAN A  DONOR  FROM  WHOM  THE  PATIENT
CONSENTED IN WRITING; OR
  (B) INTENTIONALLY PERFORMS AN ASSISTED REPRODUCTION PROCEDURE AND SUCH
PROVIDER  KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT THE HUMAN REPRODUC-
TIVE MATERIAL WAS USED: (I) WITHOUT THE DONOR'S CONSENT; OR  (II)  IN  A
MANNER OR TO AN EXTENT OTHER THAN THAT TO WHICH THE DONOR CONSENTED.
  2. "HUMAN REPRODUCTIVE MATERIAL" MEANS:
  (A) A HUMAN SPERMATOZOON OR OVUM; OR
  (B)  A HUMAN ORGANISM AT ANY STAGE OF DEVELOPMENT FROM FERTILIZED OVUM
TO EMBRYO.
  FERTILITY FRAUD IS A CLASS E FELONY.
  § 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13782-02-9

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