LBD00795-01-1
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AGENT, BROKER OR EMPLOYEE OF A HEALTH MAINTENANCE ORGANIZATION AS
DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THE PUBLIC HEALTH LAW,
SEEKS TO SELL HEALTH MAINTENANCE ORGANIZATION COVERAGE OR HEALTH INSUR-
ANCE COVERAGE TO AN INDIVIDUAL OR GROUP.
9. "PECUNIARY BENEFIT" MEANS GOODS, MONEY, PROPERTY, SERVICES OR
ANYTHING OF VALUE, OR AN AGREEMENT TO CONFER OR RECEIVE ANY SUCH GOODS,
MONEY, PROPERTY, SERVICES, OR THING OF VALUE.
§ 2. The penal law is amended by adding three new sections 176.85,
176.90 and 176.95 to read as follows:
§ 176.85 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE
THIRD DEGREE.
A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR
CUSTOMERS IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY:
1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS; OR
2. USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ANOTHER PERSON TO ACT AS
A RUNNER ON ONE OR MORE OCCASIONS.
UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE THIRD
DEGREE IS A CLASS A MISDEMEANOR.
§ 176.90 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE
SECOND DEGREE.
A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR
CUSTOMERS IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY:
1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT
THAT IN THE AGGREGATE EXCEEDS TWO THOUSAND FIVE HUNDRED DOLLARS IN VALUE
OR ACTS AS A RUNNER ON FIVE OR MORE OCCASIONS; OR
2. USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO
ACT AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT THAT IN
THE AGGREGATE EXCEEDS TWO THOUSAND FIVE HUNDRED DOLLARS IN VALUE OR
USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO ACT AS
A RUNNER ON FIVE OR MORE OCCASIONS.
UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE SECOND
DEGREE IS A CLASS E FELONY.
§ 176.95 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE
FIRST DEGREE.
A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR
CUSTOMERS IN THE FIRST DEGREE WHEN HE OR SHE KNOWINGLY:
1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT
THAT IN THE AGGREGATE EXCEEDS FIVE THOUSAND DOLLARS IN VALUE OR ACTS AS
A RUNNER ON TEN OR MORE OCCASIONS; OR
2. USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO
ACT AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT THAT IN
THE AGGREGATE EXCEEDS FIVE THOUSAND DOLLARS OR USES, SOLICITS, DIRECTS,
HIRES OR EMPLOYS ONE OR MORE PERSONS TO ACT AS A RUNNER ON TEN OR MORE
OCCASIONS.
UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE FIRST
DEGREE IS A CLASS D FELONY.
§ 3. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 134 of the laws of 2019, is amended to read
as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; sections 135.35 and 135.37 relating to
labor trafficking; section 135.65 relating to coercion; sections 140.20,
140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and
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145.12 relating to criminal mischief; article one hundred fifty relating
to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred sixty relating to robbery; sections
165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30 relating to insurance fraud; SECTIONS 170.90 AND 170.95 RELATING
TO UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS AND CUSTOMERS; SECTIONS
178.20 AND 178.25 RELATING TO CRIMINAL DIVERSION OF PRESCRIPTION MEDICA-
TIONS AND PRESCRIPTIONS; SECTIONS 180.03, 180.08, 180.15, 180.25,
180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,
200.22, 200.25, 200.27, 200.56, 215.00, 215.05 AND 215.19 RELATING TO
BRIBERY; SECTIONS 187.10, 187.15, 187.20 AND 187.25 RELATING TO RESIDEN-
TIAL MORTGAGE FRAUD, SECTIONS 190.40 AND 190.42 RELATING TO CRIMINAL
USURY; SECTION 190.65 RELATING TO SCHEMES TO DEFRAUD; ANY FELONY DEFINED
IN ARTICLE FOUR HUNDRED NINETY-SIX; SECTIONS 205.60 AND 205.65 RELATING
TO HINDERING PROSECUTION; SECTIONS 210.10, 210.15, AND 215.51 RELATING
TO PERJURY AND CONTEMPT; SECTION 215.40 RELATING TO TAMPERING WITH PHYS-
ICAL EVIDENCE; SECTIONS 220.06, 220.09, 220.16, 220.18, 220.21, 220.31,
220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60, 220.65 AND
220.77 RELATING TO CONTROLLED SUBSTANCES; SECTIONS 225.10 AND 225.20
RELATING TO GAMBLING; SECTIONS 230.25, 230.30, AND 230.32 RELATING TO
PROMOTING PROSTITUTION; SECTION 230.34 RELATING TO SEX TRAFFICKING;
SECTION 230.34-A RELATING TO SEX TRAFFICKING OF A CHILD; SECTIONS
235.06, 235.07, 235.21 AND 235.22 RELATING TO OBSCENITY; SECTIONS 263.10
AND 263.15 RELATING TO PROMOTING A SEXUAL PERFORMANCE BY A CHILD;
SECTIONS 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 AND THE
PROVISIONS OF SECTION 265.10 WHICH CONSTITUTE A FELONY RELATING TO
FIREARMS AND OTHER DANGEROUS WEAPONS; SECTIONS 265.14 AND 265.16 RELAT-
ING TO CRIMINAL SALE OF A FIREARM; SECTION 265.50 RELATING TO THE CRIMI-
NAL MANUFACTURE, SALE OR TRANSPORT OF AN UNDETECTABLE FIREARM, RIFLE OR
SHOTGUN; SECTION 275.10, 275.20, 275.30, OR 275.40 RELATING TO UNAUTHOR-
IZED RECORDINGS; AND SECTIONS 470.05, 470.10, 470.15 AND 470.20 RELATING
TO MONEY LAUNDERING; OR
§ 4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 134 of the laws of 2019, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12 of the
penal law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, rape in
the third degree as defined in section 130.25 of the penal law, rape in
the second degree as defined in section 130.30 of the penal law, rape in
the first degree as defined in section 130.35 of the penal law, criminal
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sexual act in the third degree as defined in section 130.40 of the penal
law, criminal sexual act in the second degree as defined in section
130.45 of the penal law, criminal sexual act in the first degree as
defined in section 130.50 of the penal law, sexual abuse in the first
degree as defined in section 130.65 of the penal law, unlawful imprison-
ment in the first degree as defined in section 135.10 of the penal law,
kidnapping in the second degree as defined in section 135.20 of the
penal law, kidnapping in the first degree as defined in section 135.25
of the penal law, labor trafficking as defined in section 135.35 of the
penal law, aggravated labor trafficking as defined in section 135.37 of
the penal law, custodial interference in the first degree as defined in
section 135.50 of the penal law, coercion in the first degree as defined
in section 135.65 of the penal law, criminal trespass in the first
degree as defined in section 140.17 of the penal law, burglary in the
third degree as defined in section 140.20 of the penal law, burglary in
the second degree as defined in section 140.25 of the penal law,
burglary in the first degree as defined in section 140.30 of the penal
law, criminal mischief in the third degree as defined in section 145.05
of the penal law, criminal mischief in the second degree as defined in
section 145.10 of the penal law, criminal mischief in the first degree
as defined in section 145.12 of the penal law, criminal tampering in the
first degree as defined in section 145.20 of the penal law, arson in the
fourth degree as defined in section 150.05 of the penal law, arson in
the third degree as defined in section 150.10 of the penal law, arson in
the second degree as defined in section 150.15 of the penal law, arson
in the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of the penal
law, grand larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in section
155.40 of the penal law, grand larceny in the first degree as defined in
section 155.42 of the penal law, UNLAWFUL PROCUREMENT OF CLIENTS,
PATIENTS OR CUSTOMERS IN THE SECOND DEGREE AS DEFINED IN SECTION 176.90
OF THE PENAL LAW, UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS
IN THE FIRST DEGREE AS DEFINED IN SECTION 176.95 OF THE PENAL LAW,
health care fraud in the fourth degree as defined in section 177.10 of
the penal law, health care fraud in the third degree as defined in
section 177.15 of the penal law, health care fraud in the second degree
as defined in section 177.20 of the penal law, health care fraud in the
first degree as defined in section 177.25 of the penal law, robbery in
the third degree as defined in section 160.05 of the penal law, robbery
in the second degree as defined in section 160.10 of the penal law,
robbery in the first degree as defined in section 160.15 of the penal
law, unlawful use of secret scientific material as defined in section
165.07 of the penal law, criminal possession of stolen property in the
fourth degree as defined in section 165.45 of the penal law, criminal
possession of stolen property in the third degree as defined in section
165.50 of the penal law, criminal possession of stolen property in the
second degree as defined by section 165.52 of the penal law, criminal
possession of stolen property in the first degree as defined by section
165.54 of the penal law, trademark counterfeiting in the second degree
as defined in section 165.72 of the penal law, trademark counterfeiting
in the first degree as defined in section 165.73 of the penal law,
forgery in the second degree as defined in section 170.10 of the penal
law, forgery in the first degree as defined in section 170.15 of the
penal law, criminal possession of a forged instrument in the second
degree as defined in section 170.25 of the penal law, criminal
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possession of a forged instrument in the first degree as defined in
section 170.30 of the penal law, criminal possession of forgery devices
as defined in section 170.40 of the penal law, falsifying business
records in the first degree as defined in section 175.10 of the penal
law, tampering with public records in the first degree as defined in
section 175.25 of the penal law, offering a false instrument for filing
in the first degree as defined in section 175.35 of the penal law, issu-
ing a false certificate as defined in section 175.40 of the penal law,
UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE SECOND
DEGREE AS DEFINED IN SECTION 176.90 OF THE PENAL LAW, UNLAWFUL PROCURE-
MENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE FIRST DEGREE AS DEFINED IN
SECTION 176.95 OF THE PENAL LAW, criminal diversion of prescription
medications and prescriptions in the second degree as defined in section
178.20 of the penal law, criminal diversion of prescription medications
and prescriptions in the first degree as defined in section 178.25 of
the penal law, residential mortgage fraud in the fourth degree as
defined in section 187.10 of the penal law, residential mortgage fraud
in the third degree as defined in section 187.15 of the penal law, resi-
dential mortgage fraud in the second degree as defined in section 187.20
of the penal law, residential mortgage fraud in the first degree as
defined in section 187.25 of the penal law, escape in the second degree
as defined in section 205.10 of the penal law, escape in the first
degree as defined in section 205.15 of the penal law, absconding from
temporary release in the first degree as defined in section 205.17 of
the penal law, promoting prison contraband in the first degree as
defined in section 205.25 of the penal law, hindering prosecution in the
second degree as defined in section 205.60 of the penal law, hindering
prosecution in the first degree as defined in section 205.65 of the
penal law, sex trafficking as defined in section 230.34 of the penal
law, sex trafficking of a child as defined in section 230.34-a of the
penal law, criminal possession of a weapon in the third degree as
defined in subdivisions two, three and five of section 265.02 of the
penal law, criminal possession of a weapon in the second degree as
defined in section 265.03 of the penal law, criminal possession of a
weapon in the first degree as defined in section 265.04 of the penal
law, manufacture, transport, disposition and defacement of weapons and
dangerous instruments and appliances defined as felonies in subdivisions
one, two, and three of section 265.10 of the penal law, sections 265.11,
265.12 and 265.13 of the penal law, or prohibited use of weapons as
defined in subdivision two of section 265.35 of the penal law, relating
to firearms and other dangerous weapons, criminal manufacture, sale or
transport of an undetectable firearm, rifle or shotgun as defined in
section 265.50 of the penal law, or failure to disclose the origin of a
recording in the first degree as defined in section 275.40 of the penal
law;
§ 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.