Assembly Bill A10672

2019-2020 Legislative Session

Relates to establishing the crime of fertility fraud

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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2019-A10672 (ACTIVE) - Details

See Senate Version of this Bill:
S6720
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §190.90, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: A387, S4841
2023-2024: A262, S4360

2019-A10672 (ACTIVE) - Summary

Establishes the crime of fertility fraud as an assisted reproduction procedure using the health care provider's own spermatozoon or ovum or using human reproductive material without the donor's consent.

2019-A10672 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10672
 
                           I N  A S S E M B L Y
 
                               June 24, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and referred 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.
                                                            LBD13782-02-9

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