Assembly Actions -
Senate Actions - UPPERCASE
|Feb 07, 2023||
referred to codes
Senate Bill S4360
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S4360 (ACTIVE) - Details
2023-S4360 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4360 SPONSOR: FERNANDEZ TITLE OF BILL: An act to amend the penal law, in relation to establishing fertility fraud as a class E felony offense PURPOSE OR GENERAL IDEA OF BILL: This legislation will create the new crime of fertility fraud to protect patients from the use of non-consensual reproductive material. SUMMARY OF PROVISIONS: Section 1 amends the Penal Law by adding section 190.90 which estab- lishes the crime of fertility fraud as knowingly or intentionally performing an assisted reproductive procedure using: a. The health care providers own human reproductive material b. Using a donor's human reproductive material that without the
2023-S4360 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4360 2023-2024 Regular Sessions I N S E N A T E February 7, 2023 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed 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. LBD02089-01-3
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