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

                                 862--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. ABINAN-
  TI, RAIA -- read once and referred to the Committee on Codes -- recom-
  mitted  to  the Committee on Codes in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05335-03-6
              

A. 862--A                           2

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,
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 368 of the laws of 2015, 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

A. 862--A                           3

135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
labor trafficking; 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
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 AND 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, 200.56,  215.00,  215.05  and  215.19;  sections
187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
190.65  relating  to  schemes  to defraud; any felony defined in article
four hundred ninety-six; sections 205.60 and 205.65 relating to  hinder-
ing 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, 220.65 and
220.77 relating to controlled substances;  sections  225.10  and  225.20
relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
promoting prostitution; section  230.34  relating  to  sex  trafficking;
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; sections 265.14 and 265.16 relat-
ing to criminal sale of a firearm; 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 368 of the laws of 2015, 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

A. 862--A                           4

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
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,  aggravated labor trafficking as defined in
section 135.37 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 instru-
ment  in the first degree as defined in section 170.30 of the penal law,

A. 862--A                           5

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,  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, criminal 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 mortgage 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  mort-
gage  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  contraband  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 prose-
cution 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 subdi-
visions 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.