S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7733
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2019
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   sexual  abuse against a patient or client by a health care provider in
   the first and second degree
 
   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 130.83 to
 read as follows:
 § 130.83 SEXUAL ABUSE AGAINST A PATIENT  OR  CLIENT  BY  A  HEALTH  CARE
            PROVIDER IN THE SECOND DEGREE.
   1.  A PERSON IS GUILTY OF SEXUAL ABUSE AGAINST A  PATIENT OR CLIENT BY
 A HEALTH CARE PROVIDER IN THE SECOND DEGREE WHEN:
   (A) HE OR SHE IS, OR HOLDS HIMSELF OR HERSELF OUT TO BE, A HEALTH CARE
 PROVIDER OR MENTAL HEALTH CARE PROVIDER; AND
   (B) ENGAGES IN SEXUAL CONTACT WITH A  PATIENT  OR  CLIENT  DURING  THE
 COURSE OF DIAGNOSIS, COUNSELING, OR TREATMENT; AND
   (C)  CONSENT  TO SUCH SEXUAL CONTACT WAS PROCURED BY A FALSE REPRESEN-
 TATION THAT SUCH CONTACT WAS FOR A BONA FIDE MEDICAL PURPOSE.
   2. CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE  THE
 PROVISIONS OF THIS SECTION.
   SEXUAL  ABUSE AGAINST A PATIENT OR CLIENT BY A HEALTH CARE PROVIDER IN
 THE SECOND DEGREE IS A CLASS E FELONY.
   § 2. The penal law is amended by adding a new section 130.84  to  read
 as follows:
 §  130.84  SEXUAL  ABUSE  AGAINST  A  PATIENT OR CLIENT BY A HEALTH CARE
              PROVIDER IN THE FIRST DEGREE.
   1. A PERSON IS GUILTY OF SEXUAL ABUSE AGAINST A PATIENT OR CLIENT BY A
 HEALTH CARE PROVIDER IN THE FIRST DEGREE WHEN:
   (A) HE OR SHE IS, OR HOLDS HIMSELF OR HERSELF OUT TO BE, A HEALTH CARE
 PROVIDER OR MENTAL HEALTH CARE PROVIDER; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11449-02-9

 A. 7733                             2
 
   (B) KNOWINGLY INDUCES A PATIENT OR CLIENT TO ENGAGE IN  SEXUAL  INTER-
 COURSE, ORAL SEXUAL CONDUCT, OR ANAL SEXUAL CONDUCT DURING THE COURSE OF
 DIAGNOSIS, COUNSELING, OR TREATMENT; AND
   (C)  CONSENT  TO SUCH SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, OR ANAL
 SEXUAL CONDUCT WAS PROCURED BY A FALSE REPRESENTATION THAT SUCH ACT  WAS
 FOR A BONA FIDE MEDICAL PURPOSE.
   2.  CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE THE
 PROVISIONS OF THIS SECTION.
   SEXUAL ABUSE AGAINST A PATIENT OR CLIENT BY A HEALTH CARE PROVIDER  IN
 THE FIRST DEGREE IS A CLASS B FELONY.
   § 3. This act shall take effect immediately.