S T A T E O F N E W Y O R K
________________________________________________________________________
7451
I N S E N A T E
May 21, 2012
___________
Introduced by Sens. SKELOS, GOLDEN, O'MARA -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to criminalizing acting as a runner or soliciting or employ-
ing a runner to procure patients or clients
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 176.00 of the penal law is amended by adding four
new subdivisions 6, 7, 8 and 9 to read as follows:
6. "PROVIDER" MEANS AN ATTORNEY, A HEALTH CARE PROFESSIONAL, AN OWNER
OR OPERATOR OF A HEALTH CARE PRACTICE OR FACILITY, ANY PERSON WHO
CREATES THE IMPRESSION THAT HE OR SHE, OR HIS OR HER PRACTICE CAN
PROVIDE LEGAL OR HEALTH CARE SERVICES, ANY PERSON EMPLOYED OR ACTING ON
BEHALF OF ANY SUCH PERSON, OR ANY PERSON PROVIDING MANAGEMENT OR
CONSULTING SERVICES TO ANY SUCH PERSON.
7. "PUBLIC MEDIA" MEANS TELEPHONE DIRECTORIES, PROFESSIONAL DIRECTO-
RIES, NEWSPAPERS AND OTHER PERIODICALS, RADIO AND TELEVISION, BILL-
BOARDS, AND MAILED OR ELECTRONICALLY TRANSMITTED WRITTEN COMMUNICATIONS
THAT DO NOT INVOLVE DIRECT CONTACT WITH A SPECIFIC PROSPECTIVE CLIENT,
PATIENT, OR CUSTOMER.
8. "RUNNER" MEANS A PERSON WHO, FOR A PECUNIARY BENEFIT, PROCURES OR
ATTEMPTS TO PROCURE A CLIENT, PATIENT OR CUSTOMER AT THE DIRECTION OF,
REQUEST OF OR IN COOPERATION WITH A PROVIDER WHOSE PURPOSE IS TO SEEK TO
OBTAIN BENEFITS UNDER A CONTRACT OF INSURANCE OR ASSERT A CLAIM AGAINST
AN INSURED OR AN INSURANCE CARRIER FOR PROVIDING SERVICES TO THE CLIENT,
PATIENT OR CUSTOMER, OR TO OBTAIN BENEFITS UNDER OR ASSERT A CLAIM
AGAINST A STATE OR FEDERAL HEALTH CARE BENEFITS PROGRAM OR PRESCRIPTION
DRUG ASSISTANCE PROGRAM. "RUNNER" SHALL NOT INCLUDE (A) A PERSON WHO
PROCURES OR ATTEMPTS TO PROCURE CLIENTS, PATIENTS OR CUSTOMERS FOR A
PROVIDER THROUGH PUBLIC MEDIA; (B) A PERSON WHO REFERS CLIENTS, PATIENTS
OR CUSTOMERS AS OTHERWISE AUTHORIZED BY LAW; OR (C) A PERSON WHO, AS AN
AGENT, BROKER OR EMPLOYEE OF A HEALTH MAINTENANCE ORGANIZATION AS
DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THE PUBLIC HEALTH LAW,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15939-01-2
S. 7451 2
SEEKS TO SELL HEALTH MAINTENANCE ORGANIZATION COVERAGE OR HEALTH INSUR-
ANCE COVERAGE TO AN INDIVIDUAL OR GROUP.
9. "PECUNIARY BENEFIT" MEANS GOODS, MONEY, PROPERTY, SERVICES OR
ANYTHING OF VALUE, OR AN AGREEMENT TO CONFER OR RECEIVE ANY SUCH GOODS,
MONEY, PROPERTY, SERVICES, OR THING OF VALUE.
S 2. The penal law is amended by adding three new sections 176.75,
176.80 and 176.85 to read as follows:
S 176.75 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE
THIRD DEGREE.
A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR
CUSTOMERS IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY:
1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS; OR
2. USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ANOTHER PERSON TO ACT AS
A RUNNER ON ONE OR MORE OCCASIONS.
UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE THIRD
DEGREE IS A CLASS A MISDEMEANOR.
S 176.80 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE
SECOND DEGREE.
A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR
CUSTOMERS IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY:
1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT
THAT IN THE AGGREGATE EXCEEDS TWO THOUSAND FIVE HUNDRED DOLLARS IN VALUE
OR ACTS AS A RUNNER ON FIVE OR MORE OCCASIONS; OR
2. USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO
ACT AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT THAT IN
THE AGGREGATE EXCEEDS TWO THOUSAND FIVE HUNDRED DOLLARS IN VALUE OR
USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO ACT AS
A RUNNER ON FIVE OR MORE OCCASIONS.
UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE SECOND
DEGREE IS A CLASS E FELONY.
S 176.85 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE
FIRST DEGREE.
A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR
CUSTOMERS IN THE FIRST DEGREE WHEN HE OR SHE KNOWINGLY:
1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT
THAT IN THE AGGREGATE EXCEEDS FIVE THOUSAND DOLLARS IN VALUE OR ACTS AS
A RUNNER ON TEN OR MORE OCCASIONS; OR
2. USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO
ACT AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT THAT IN
THE AGGREGATE EXCEEDS FIVE THOUSAND DOLLARS OR USES, SOLICITS, DIRECTS,
HIRES OR EMPLOYS ONE OR MORE PERSONS TO ACT AS A RUNNER ON TEN OR MORE
OCCASIONS.
UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE FIRST
DEGREE IS A CLASS D FELONY.
S 3. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 405 of the laws of 2010, is amended to read
as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; section 135.35 relating to labor traf-
ficking; section 135.65 relating to coercion; sections 140.20, 140.25
and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12
relating to criminal mischief; article one hundred fifty relating to
arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
S. 7451 3
larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred sixty relating to robbery; sections
165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30 relating to insurance fraud; SECTIONS 176.80 AND 176.85 RELATING
TO UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS; sections
178.20 and 178.25 relating to criminal diversion of prescription medica-
tions and prescriptions; sections 180.03, 180.08, 180.15, 180.25,
180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,
200.22, 200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;
sections 187.10, 187.15, 187.20 and 187.25 relating to residential mort-
gage fraud, sections 190.40 and 190.42 relating to criminal usury;
section 190.65 relating to schemes to defraud; sections 205.60 and
205.65 relating to hindering prosecution; sections 210.10, 210.15, and
215.51 relating to perjury and contempt; section 215.40 relating to
tampering with physical evidence; sections 220.06, 220.09, 220.16,
220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55,
220.60 and 220.77 relating to controlled substances; sections 225.10 and
225.20 relating to gambling; sections 230.25, 230.30, and 230.32 relat-
ing to promoting prostitution; section 230.34 relating to sex traffick-
ing; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10 which constitute a felony relating to
firearms and other dangerous weapons; and sections 265.14 and 265.16
relating to criminal sale of a firearm; and section 275.10, 275.20,
275.30, or 275.40 relating to unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
S 4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 405 of the laws of 2010, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12 of the
penal law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, abortion
in the second degree as defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 of the penal
law, rape in the third degree as defined in section 130.25 of the penal
law, rape in the second degree as defined in section 130.30 of the penal
law, rape in the first degree as defined in section 130.35 of the penal
law, criminal sexual act in the third degree as defined in section
130.40 of the penal law, criminal sexual act in the second degree as
defined in section 130.45 of the penal law, criminal sexual act in the
first degree as defined in section 130.50 of the penal law, sexual abuse
S. 7451 4
in the first degree as defined in section 130.65 of the penal law,
unlawful imprisonment in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in section
135.20 of the penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35 of the penal law, custodial interference in the first degree as
defined in section 135.50 of the penal law, coercion in the first degree
as defined in section 135.65 of the penal law, criminal trespass in the
first degree as defined in section 140.17 of the penal law, burglary in
the third degree as defined in section 140.20 of the penal law, burglary
in the second degree as defined in section 140.25 of the penal law,
burglary in the first degree as defined in section 140.30 of the penal
law, criminal mischief in the third degree as defined in section 145.05
of the penal law, criminal mischief in the second degree as defined in
section 145.10 of the penal law, criminal mischief in the first degree
as defined in section 145.12 of the penal law, criminal tampering in the
first degree as defined in section 145.20 of the penal law, arson in the
fourth degree as defined in section 150.05 of the penal law, arson in
the third degree as defined in section 150.10 of the penal law, arson in
the second degree as defined in section 150.15 of the penal law, arson
in the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of the penal
law, grand larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in section
155.40 of the penal law, grand larceny in the first degree as defined in
section 155.42 of the penal law, health care fraud in the fourth degree
as defined in section 177.10 of the penal law, health care fraud in the
third degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section 177.20 of the penal
law, health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third degree as defined in section
160.05 of the penal law, robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as defined
in section 160.15 of the penal law, unlawful use of secret scientific
material as defined in section 165.07 of the penal law, criminal
possession of stolen property in the fourth degree as defined in section
165.45 of the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of the penal law, criminal
possession of stolen property in the second degree as defined by section
165.52 of the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the penal law, trademark
counterfeiting in the second degree as defined in section 165.72 of the
penal law, trademark counterfeiting in the first degree as defined in
section 165.73 of the penal law, forgery in the second degree as defined
in section 170.10 of the penal law, forgery in the first degree as
defined in section 170.15 of the penal law, criminal possession of a
forged instrument in the second degree as defined in section 170.25 of
the penal law, criminal possession of a forged instrument in the first
degree as defined in section 170.30 of the penal law, criminal
possession of forgery devices as defined in section 170.40 of the penal
law, falsifying business records in the first degree as defined in
section 175.10 of the penal law, tampering with public records in the
first degree as defined in section 175.25 of the penal law, offering a
false instrument for filing in the first degree as defined in section
175.35 of the penal law, issuing a false certificate as defined in
section 175.40 of the penal law, UNLAWFUL PROCUREMENT OF CLIENTS,
S. 7451 5
PATIENTS OR CUSTOMERS IN THE SECOND DEGREE AS DEFINED IN SECTION 176.80
OF THE PENAL LAW, UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS
IN THE FIRST DEGREE AS DEFINED IN SECTION 176.85 OF THE PENAL LAW, crim-
inal diversion of prescription medications and prescriptions in the
second degree as defined in section 178.20 of the penal law, criminal
diversion of prescription medications and prescriptions in the first
degree as defined in section 178.25 of the penal law, residential mort-
gage fraud in the fourth degree as defined in section 187.10 of the
penal law, residential mortgage fraud in the third degree as defined in
section 187.15 of the penal law, residential mortgage fraud in the
second degree as defined in section 187.20 of the penal law, residential
mortgage fraud in the first degree as defined in section 187.25 of the
penal law, escape in the second degree as defined in section 205.10 of
the penal law, escape in the first degree as defined in section 205.15
of the penal law, absconding from temporary release in the first degree
as defined in section 205.17 of the penal law, promoting prison contra-
band in the first degree as defined in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree as defined
in section 205.65 of the penal law, sex trafficking as defined in
section 230.34 of the penal law, criminal possession of a weapon in the
third degree as defined in subdivisions two, three and five of section
265.02 of the penal law, criminal possession of a weapon in the second
degree as defined in section 265.03 of the penal law, criminal
possession of a weapon in the first degree as defined in section 265.04
of the penal law, manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances defined as felonies in
subdivisions one, two, and three of section 265.10 of the penal law,
sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
of weapons as defined in subdivision two of section 265.35 of the penal
law, relating to firearms and other dangerous weapons, or failure to
disclose the origin of a recording in the first degree as defined in
section 275.40 of the penal law;
S 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.
