Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 05, 2022 | referred to codes |
Jan 06, 2021 | referred to codes |
Current Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Co-Sponsors
Jo Anne Simon
Michael Lawler
A387 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §190.90, Pen L
- Versions Introduced in 2019-2020 Legislative Session:
-
A10672
A387 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 387 2021-2022 Regular Sessions I N A S S E M B L Y (PREFILED) January 6, 2021 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes 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. LBD02132-01-1