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
                                ___________
 
 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

 A. 5517                             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

 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5517--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by  M.  of A. SOLAGES, GOTTFRIED, HEVESI, JACOBSON, WALLACE,
   SIMON,  FERNANDEZ,  DeSTEFANO,  NOLAN,  BICHOTTE HERMELYN,  SEAWRIGHT,
   SILLITTI,  DINOWITZ,  BARRON, GALEF, ZINERMAN -- Multi-Sponsored by --
   M. of A.  THIELE -- read once and referred to the Committee on  Health
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee --  reported  and  referred  to  the
   Committee  on  Codes  --  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.
                                                            LBD02831-04-1