NY State Senate Bill 2021-S104B

Archive: Last Bill Status - In Senate Committee Women's Issues Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to women's issues
Jun 02, 2021	print number 104b
Jun 02, 2021	amend and recommit to women's issues
May 13, 2021	print number 104a
May 13, 2021	amend (t) and recommit to women's issues
Jan 06, 2021	referred to women's issues

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S104 - Details

See Assembly Version of this Bill:: A5517
Current Committee:: Senate Women's Issues
Law Section:: Public Health Law
Laws Affected:: Add §267-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6879, A8742
2023-2024: S931, A128

2021-S104 - Summary

Prohibits the performance of virginity examinations.

2021-S104 - Sponsor Memo

                                
 
BILL NUMBER: S104

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the public health law, the education law and the penal
law, in relation to prohibiting virginity examinations

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to prevent the performance of hymen examina-
tions on women as a means to ascertain whether a woman is a virgin

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds two new sections § 230-f and 267- a to the
public health law to forbid the performance of a hymen exam on women as
a means to ascertain whether a woman is a virgin.

Section 2 amends § 6509 of the education law by adding a new subdivision
15.

 
JUSTIFICATION:

According to numerous sources , "virginity tests"- exams in which two
fingers or a speculum are inserted into the vagina in search of the
hymen or to measure the elasticity of the vaginal walls, are widespread
and common throughout the US.

These examinations are not only a violation of women's and girls' human
rights, but in cases of rape can cause additional pain and mimic the
original act of sexual violence, leading to re-experience, re-traumati-
zation and re-victimization. Many women suffer from adverse short- and
long-term physical, psychological and social consequences of this prac-
tice. This includes anxiety, depression and post-traumatic stress. In
extreme cases, women or girls may attempt suicide or be killed in the
name of "honour".

The term "virginity" is not a medical or scientific term. "Virginity" is
a social, cultural and religious construct gender discrimination against
women and girls. As a result, the World Health Organization and U.N.
Women have called for a global ban on the practice.  Considering the
federal government has yet to enact legislation to prohibit this inva-
sive and medically unnecessary procedure, the onus of eliminating
"virginity tests" is on state governments. This legislation would ban
the performance of professional hymen exams as a means to ascertain
whether a woman is a virgin, and the bill stipulates that if someone
disregards these rules, it will be considered an act of professional
misconduct.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None noted.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S104 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    104
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 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

 S. 104                              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 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

 S. 104                              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.

co-Sponsors

2021-S104A - Details

See Assembly Version of this Bill:: A5517
Current Committee:: Senate Women's Issues
Law Section:: Public Health Law
Laws Affected:: Add §267-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6879, A8742
2023-2024: S931, A128

2021-S104A - Summary

Prohibits the performance of virginity examinations.

2021-S104A - Sponsor Memo

                                 
BILL NUMBER: S104A

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting
virginity examinations

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to prevent the performance of hymen examina-
tions on women as a means to ascertain whether a woman is a virgin

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds two new sections § 230-f and 267- a to the
public health law to'forbid the performance of a hymen exam on women as
a means to ascertain whether a woman is a virgin.

Section 2 amends § 6509 of the education law by adding a new subdivision
15.

 
JUSTIFICATION:

According to numerous sources , "virginity tests"- exams in which two
fingers or a speculum are inserted into the vagina in search of the
hymen or to measure the elasticity of the vaginal walls, are widespread
and common throughout the US.

These examinations are not only a violation of women's and girls' human
rights, but in cases of rape can cause additional pain and mimic the
original act of sexual violence, leading to re-experience, re-traumati-
zation and re-victimization. Many women suffer from adverse short- and
long-term physical, psychological and social consequences of this prac-
tice. This includes anxiety, depression and post-traumatic stress. In
extreme cases, women or girls may attempt suicide or be killed in the
name of "honour".

The term "virginity" is not a medical or scientific term. "Virginity" is
a social, cultural and religious construct gender discrimination against
women and girls. As a result, the World Health Organization and U.N.
Women have called for a global ban on the practice.  Considering the
federal government has yet to enact legislation to prohibit this inva-
sive and medically unnecessary procedure, the onus of eliminating
"virginity tests" is on state governments. This legislation would ban
the performance of professional hymen exams as a means to ascertain
whether a woman is a virgin, and the bill stipulates that if someone
disregards these rules, it will be considered an act of professional
misconduct.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None noted.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S104A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  104--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  PERSAUD,  BIAGGI, HOYLMAN, KRUEGER, MYRIE -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Women's  Issues  -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the  public  health  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  a  new  section
 267-a to read as follows:
   §  267-A.  PROHIBITION  OF  VIRGINITY  EXAMINATIONS.   NO PERSON SHALL
 PERFORM A PHYSICAL EXAMINATION USED OR INTENDED TO DETERMINE  WHETHER  A
 FEMALE HAS PREVIOUSLY HAD SEXUAL INTERCOURSE.
   § 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.
                                                            LBD02831-03-1

co-Sponsors

View additional co-sponsors

2021-S104B (ACTIVE) - Details

See Assembly Version of this Bill:: A5517
Current Committee:: Senate Women's Issues
Law Section:: Public Health Law
Laws Affected:: Add §267-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6879, A8742
2023-2024: S931, A128

2021-S104B (ACTIVE) - Summary

Prohibits the performance of virginity examinations.

2021-S104B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S104B                Revised 6/7/2021

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting
virginity examinations

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to prevent the performance of examinations on
women that purport to ascertain whether a woman has previously had vagi-
nal intercourse.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new sections 267- a to the public health
law to forbid the performance of "virginity examinations".

Section 2 sets the effective date.

 
JUSTIFICATION:

According to the World Health Organization, "virginity testing" is an
inspection of the female genitalia meant to determine whether a woman or
girl has had vaginal intercourse.

The term "virginity" is not a medical or scientific term. The concept of
virginity is a social, cultural and religious construct that has histor-
ically been used to discriminate against women and girls.  According to
clinical experts, "virginity testing" is not a medically indicated or
valid examination or test. Physical examinations purported to assess
virginity are without basis.

"Virginity testing" has been associated with adverse psychosocial and
physical outcomes and is considered a violation of human rights.  The
United Nations, along with the World Health Organization, U.N. Women and
U.N. Human Rights, called for a global ban on the practice. Indeed,
according to the World Health Organization's 2018 interagency statement
calling for the elimination of "virginity testing", a number of medical
professionals, health care associations and human rights organizations
have explicitly condemned "virginity testing" as unscientific and harm-
ful.

This legislation would ban so-called "virginity tests" to end this harm-
ful practice and that medical providers in New York state do not perpet-
uate a myth that has been used to discriminate against women and girls.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: print number A8742; referred to health

 
FISCAL IMPLICATIONS:

None noted.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S104B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  104--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  PERSAUD,  BIAGGI, HOYLMAN, KRUEGER, MYRIE -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Women's  Issues  -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the  public  health  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  a  new  section
 267-a to read as follows:
   §  267-A.  PROHIBITION  OF  VIRGINITY  EXAMINATIONS.   NO PERSON SHALL
 PERFORM A PHYSICAL EXAMINATION PURPORTING TO DETERMINE WHETHER AN  INDI-
 VIDUAL HAS PREVIOUSLY HAD VAGINAL INTERCOURSE.
   § 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.
                                                            LBD02831-05-1

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Senate Bill S104B

Sponsored By

Archive: Last Bill Status - In Senate Committee Women's Issues Committee

Bill Amendments

co-Sponsors

2021-S104 - Details

2021-S104 - Summary

2021-S104 - Sponsor Memo

2021-S104 - Bill Text download pdf

co-Sponsors

2021-S104A - Details

2021-S104A - Summary

2021-S104A - Sponsor Memo

2021-S104A - Bill Text download pdf

co-Sponsors

2021-S104B (ACTIVE) - Details

2021-S104B (ACTIVE) - Summary

2021-S104B (ACTIVE) - Sponsor Memo

2021-S104B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S104B

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Women's Issues Committee

Bill Amendments

co-Sponsors

2021-S104 - Details

2021-S104 - Summary

2021-S104 - Sponsor Memo

2021-S104 - Bill Text download pdf

co-Sponsors

2021-S104A - Details

2021-S104A - Summary

2021-S104A - Sponsor Memo

2021-S104A - Bill Text download pdf

co-Sponsors

2021-S104B (ACTIVE) - Details

2021-S104B (ACTIVE) - Summary

2021-S104B (ACTIVE) - Sponsor Memo

2021-S104B (ACTIVE) - Bill Text download pdf

Comments