S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4599
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee 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.
              

                                                            LBD04883-01-9

 A. 4599                             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.
   §  2.  The  penal  law is amended by adding three new sections 176.75,
 176.80 and 176.85 to read as follows:
 § 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.
 § 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.
 §  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.
   §  3.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
 law, as amended by chapter 189 of the laws of 2018, 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; 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

 A. 4599                             3
 
 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;
 section  230.34-a  relating  to  sex  trafficking  of  a child; 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
   §  4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
 procedure law, as amended by chapter 189 of the laws of 2018, 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

 A. 4599                             4
 
 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, UNLAWFUL PROCURE-
 MENT 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, 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 counter-
 feiting  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

 A. 4599                             5

 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, issu-
 ing 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  PROCURE-
 MENT 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, resi-
 dential 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  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
 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,  sex  trafficking  of a child as defined in section 230.34-a 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;
   § 5. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.