senate Bill S7569

2021-2022 Legislative Session

Relates to aggravated sexual abuse in the fourth degree and creating a private right of action for fertility fraud; relates to the statute of limitations for such claim

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Dec 03, 2021 referred to rules

Co-Sponsors

S7569 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.65-a, Pen L; amd §30.10, CP L; add §2500-m, Pub Health L; amd §6530, Ed L
Versions Introduced in 2023-2024 Legislative Session:
S80

S7569 (ACTIVE) - Summary

Creates a private right of action for fertility fraud; adds a health care practitioner using human reproductive material from the practitioner or from a donor knowing or who reasonably should have known that such patient had not expressly consented to such use, to the crime of aggravated sexual abuse in the fourth degree; relates to the time in which to commence actions relating to fertility fraud; includes fertility fraud in the definition of professional misconduct for physicians, physician's assistants and specialist assistants.

S7569 (ACTIVE) - Sponsor Memo

S7569 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7569
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 3, 2021
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to aggravated sexual abuse in
   the fourth degree; to amend the criminal procedure law, in relation to
   the time in which to commence actions relating to fertility fraud;  to
   amend  the  public health law, in relation to creating a private right
   of action for fertility fraud; and to  amend  the  education  law,  in
   relation  to  including  fertility  fraud in the definition of profes-
   sional misconduct for physicians, physician's assistants and  special-
   ist assistants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 130.65-a of the penal law, as added by chapter 1 of
 the laws of 2000, subdivision 1 as amended by chapter 485 of the laws of
 2009, is amended to read as follows:
 § 130.65-a Aggravated sexual abuse in the fourth degree.
   1. A person is guilty of aggravated sexual abuse in the fourth  degree
 when:
   (a)  He or she inserts a foreign object in the vagina, urethra, penis,
 rectum or anus of another person and the other person  is  incapable  of
 consent  by  reason  of some factor other than being less than seventeen
 years old; [or]
   (b) He or she inserts a finger in the vagina, urethra,  penis,  rectum
 or  anus  of  another  person causing physical injury to such person and
 such person is incapable of consent by reason of some factor other  than
 being less than seventeen years old; OR
   (C)  (I) HE OR SHE IS A HEALTH CARE PRACTITIONER WHO, IN THE COURSE OF
 PERFORMING AN ASSISTED REPRODUCTION PROCEDURE ON A PATIENT,  USES  HUMAN
 REPRODUCTIVE  MATERIAL  FROM  THE PRACTITIONER OR FROM A DONOR WHERE THE
 PRACTITIONER KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT SUCH PATIENT HAD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05254-04-1
 S. 7569                             2

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