Assembly Bill A433

2009-2010 Legislative Session

Relates to the sale or purchase of human body parts

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2009-A433 (ACTIVE) - Details

See Senate Version of this Bill:
S2187
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง4307, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6207, S2147
2013-2014: A3101, S2235
2015-2016: A5654, S1705
2017-2018: A8343, S1638

2009-A433 (ACTIVE) - Summary

Prohibits the procurement of human body parts for use in human transplantation except as provided by law; requires that procurement of body parts be performed only at registered facilities and requires reporting to the county medical examiner or coroner.

2009-A433 (ACTIVE) - Sponsor Memo

2009-A433 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   433

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, GALEF, REILLY, ZEBROWSKI, MILLMAN,
  GABRYSZAK, ESPAILLAT,  HOOPER  --  Multi-Sponsored  by  --  M.  of  A.
  CALHOUN,  FINCH,  GIGLIO,  GORDON,  KOON,  McDONOUGH,  PHEFFER, QUINN,
  TOBACCO, WALKER, WEISENBERG -- read once and referred to the Committee
  on Health

AN ACT to amend  the  public  health  law,  in  relation  to  sales  and
  purchases of human organs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 4307 of the public health law, as amended by  chap-
ter 346 of the laws of 2006, is amended to read as follows:
  S  4307.  Prohibition  of  sales and purchases of human organs OR BODY
PARTS.  1. It shall be unlawful for any  person  to  knowingly  acquire,
receive,  or  otherwise  transfer  for  valuable consideration any human
organ for use in human transplantation, OR TO PROCURE ANY BODY  PART  IN
VIOLATION OF THIS SECTION. [The term human organ means the human kidney,
liver,  heart, lung, bone marrow, and any other human organ or tissue as
may be designated by the commissioner but shall exclude blood. The  term
"valuable  consideration" does not include the reasonable payments asso-
ciated with the removal, transportation, implantation, processing, pres-
ervation, quality control, and storage of a human organ or the  expenses
of  travel,  housing,  and  lost  wages incurred by the donor of a human
organ in connection with the donation of  the  organ.]  Any  person  who
violates  this  section  shall  be  guilty  of a class E felony FOR EACH
INSTANCE OF SALE.
  2. FOR PURPOSES OF THIS SECTION:
  (A) THE TERM "PROCURE" MEANS AND INCLUDES THE ACT OF KNOWINGLY ACQUIR-
ING, RECEIVING, OR OTHERWISE TRANSFERRING;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01012-01-9

              

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