S T A T E O F N E W Y O R K
________________________________________________________________________
5517
2021-2022 Regular Sessions
I N A S S E M B L Y
February 19, 2021
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Introduced by M. of A. SOLAGES, GOTTFRIED, HEVESI, JACOBSON, WALLACE,
SIMON, FERNANDEZ, DeSTEFANO, NOLAN -- 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.
LBD02831-01-1
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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 3 of part R of chapter 55 of the laws of 2020, 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. 5517 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);
section 490.10 (soliciting or providing support for an act of terrorism
in the second degree); section 490.15 (soliciting or providing support
for an act of terrorism in the first degree); section 490.20 (making a
terroristic threat); section 490.25 (crime of terrorism); section 490.30
(hindering prosecution of terrorism in the second degree); section
490.35 (hindering prosecution of terrorism in the first degree); section
490.37 (criminal possession of a chemical weapon or biological weapon in
the third degree); section 490.40 (criminal possession of a chemical
weapon or biological weapon in the second degree); section 490.45 (crim-
inal possession of a chemical weapon or biological weapon in the first
degree); section 490.47 (criminal use of a chemical weapon or biological
weapon in the third degree); section 490.50 (criminal use of a chemical
weapon or biological weapon in the second degree); section 490.55 (crim-
inal use of a chemical weapon or biological weapon in the first degree);
or any attempt or conspiracy to commit any of the foregoing offenses.
§ 5. This act shall take effect immediately.