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

                                  2131

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen.  SKELOS -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05335-01-5
              

S. 2131                             2

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 37 of the laws of 2014, 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

S. 2131                             3

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 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

S. 2131                             4

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, 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

S. 2131                             5

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, 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.