NY State Senate Bill 2023-S5359

Senate Bill S5359

2023-2024 Legislative Session

Relates to aggravated sexual abuse in the fourth degree and creating a private right of action for fertility fraud; relates to the statute of limitations for such claim

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Current Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Mar 02, 2023	referred to codes

co-Sponsors

2023-S5359 (ACTIVE) - Details

See Assembly Version of this Bill:: A1114
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §130.65-a, Pen L; amd §30.10, CP L; add §2500-l, Pub Health L; amd §6530, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8562
2021-2022: S7588, A718

2023-S5359 (ACTIVE) - Summary

Creates a private right of action for fertility fraud; adds a health care practitioner using human reproductive material from the practitioner or from a donor knowing or who reasonably should have known that such patient had not expressly consented to such use, to the crime of aggravated sexual abuse in the fourth degree; relates to the time in which to commence actions relating to fertility fraud; includes fertility fraud in the definition of professional misconduct for physicians, physician's assistants and specialist assistants.

2023-S5359 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5359

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the penal law, in relation to aggravated sexual abuse in
the fourth degree; to amend the criminal procedure law, in relation to
the time in which to commence actions relating to fertility fraud; to
amend the public health law, in relation to creating a private right of
action for fertility fraud; and to amend the education law, in relation
to including fertility fraud in the definition of professional miscon-
duct for physicians, physician's assistants and specialist assistants

 
PURPOSE:

The purpose of this bill is to create a new crime of fertility fraud by
amending Section 130.65-a of the Penal Law, Aggravated Sexual Abuse in
the fourth degree (Class E felony). This bill also amends the Public
Health Law by creating a new section for a private right of action of
fertility fraud.

 
SUMMARY OF PROVISION:

Section 1 - Criminal Fertility Fraud

Section 1. Section 130.65-a is amended to make the act of using human
reproductive material from a donor other than that specifically
consented to while performing an assisted-reproduction procedure on a
patient the crime of Aggravated Sexual Abuse in the Fourth Degree.  The
standard of proof is where the health practitioner knows or reasonably
should have known that the patient had not expressly consented to the
use of the human reproductive material from such donor Section 1 also
sets forth definitions.

Section 2 makes clear that conduct performed for a valid medical purpose
does not violate the provision.

Section 2 - Statute of Limitations

The criminal procedure law is amended by adding a new Section
30.10(3)(h) to provide the statute of limitations which is within three
years after the facts constituting such offence are discovered by an
aggrieved party through DNA analysis; a recording, documents or other
instrument provide evidence sufficient to bring a prosecution or the
defendant confesses to the offence whichever occurs later.

Section 3 - Fertility Fraud Cause of Action

The public health law is amended by adding a new section 2500-m to
provide a private right of action of fertility fraud.

Section 1 provides defmitions.

Section 2(a) defines a cause of action for fertility fraud by the
patient against a health care practitioner for fertility fraud. The
action may be brought by the patient, and in the event that such patient
gives birth to a child, the spouse of such patient, the surviving spouse
of such patient, the legally determined parent, or a child born. The
action may be brought against a health care practitioner who knowingly,
intentionally or negligently performed an assisted reproduction proce-
dure on a patient using the health care practitioner's own human repro-
ductive material or the human reproductive material of any donor without
the informed written consent of such patient to treatment using such
reproductive material.

The cause of action may also be brought against a donor, health care
practitioner, assisted reproductive service provider, reproductive
tissue bank, insemination/implantation site or semen processing facility
who knowingly, intentionally or negligently provides false or misleading
information about the donor's indent including but not limited to the
donor's name, birthdate, address, medical history and social, genetic or
family history of the donor; uses or provides human reproductive materi-
al for an assisted reproduction procedure other than what was agreed to
by the patient' or violates agreements between the donor and the
assisted reproductive service provider, reproductive tissue bank,
insemination/implantation site or semen processing facility; violates
regulations under Section 52-8.1 if Title X of the New York Codes, Rules
and Regulations with respect to reproductive tissue banks,
insemination/implantation sites or semen processing facilities.

Section 2(b) states that a separate cause of action shall exist for each
child born from the fertility fraud.

Section 3 creates a cause of action for the donors of human reproductive
material when such human reproductive material is used without the
donors' consent or in a manner in which the donor did not consent to or
in a manner which violates regulations under Section 52-8.1 of Title X
of the New York Codes, Rules and Regulations with respect to reproduc-
tive tissue banks, insemination/implantation sites or semen processing
facilities.

Section 4 sets forth the time limits for bringing this action: 10 years
after the 18th birthday of the child conceived through the assisted-re-
production procedure which is the subject of such action or after the
procedure was performed if no child was born. The action may still be
brought after such limits within 3 years after sufficient evidence is
discovered to bring the action or the defendant confesses to the
offense.

Section 5 provides that a plaintiff, who prevails in an action under
this section, is entitled to reasonable attorneys' fees, compensatory,
punitive damages and economic damages and subject to terms set forth,
the costs of the assisted reproduction procedure.

Section 6 provides that this cause of action shall not prohibit a person
from pursuing any other remedy provided by law.

Section 4 - Fertility Fraud as Professional Misconduct

Section 6530 of the Education Law is amended with a new Section 51 so
that a conviction of fertility fraud or if one found civilly liable for
fertility fraud is guilty of professional misconduct and subject to the
penalties under Section 230 of the Public Health Law.

Section 5- Effective Date

Section 5 sets forth the effective date which is immediately.
 
JUSTIFICATION:

As the popularity of genetic testing kits such as 23&me and Ancestry
continues to rise, some individuals are making alarming discoveries.  In
some instances, genetic testing reveals that many women who conceived
children through an assisted reproduction procedure were unknowingly
inseminated by donors other than those they had chosen-sometimes by
their own fertility doctors.

For example, an Indiana-based fertility doctor inseminated his own sperm
into dozens of women, resulting in the births of at least 50 children.
Due to the outcry surrounding this case, Indiana passed a law to protect
its residents from fertility fraud. California and Texas have also
passed similar laws. It's time New York passed protections for its resi-
dents.

In addition to perpetuating fraud, deceitful donors and doctors are
putting these offspring at risk. Most reproductive material donors are
selected for specific genetic traits and birth parents often pass down
information on their chosen donors to their children. In cases of
fertility fraud, children conceived via assisted reproduction receive
erroneous information about their genetic background and health risks
(e.g. high-blood pressure or breast cancer), potentially causing them to
make unsafe healthcare choices.

This bill makes the act of using unconsented-to reproductive material in
an assisted-reproduction procedure aggravated sexual abuse in the fourth
degree. It also creates a private right of action for the patient,
spouse of the patient, and child born from such reproductive procedure
to bring against the health care practitioner who performed the proce-
dure. An action may also be brought against the donor, health care prac-
titioner, assisted reproductive service provider, reproductive tissue
bank, insemination/implantation site, or semen processing facility who
commits fraud by knowingly, intentionally, or negligently providing
false or misleading information about the donor.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A8562 - Referred to Assembly Codes Committee

2021-2022: A718B - Amend and recommit to Assembly Codes Committee

S7588 - Referred to Senate Codes Committee

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5359 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5359
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to aggravated sexual abuse in
   the fourth degree; to amend the criminal procedure law, in relation to
   the  time in which to commence actions relating to fertility fraud; to
   amend the public health law, in relation to creating a  private  right
   of  action  for  fertility  fraud;  and to amend the education law, in
   relation to including fertility fraud in  the  definition  of  profes-
   sional  misconduct for physicians, physician's assistants and special-
   ist assistants
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 130.65-a of the penal law, as added by chapter 1 of
 the laws of 2000, subdivision 1 as amended by chapter 485 of the laws of
 2009, is amended to read as follows:
 § 130.65-a Aggravated sexual abuse in the fourth degree.
   1.  A person is guilty of aggravated sexual abuse in the fourth degree
 when:
   (a) He or she inserts a foreign object in the vagina, urethra,  penis,
 rectum  or  anus  of another person and the other person is incapable of
 consent by reason of some factor other than being  less  than  seventeen
 years old; [or]
   (b)  He  or she inserts a finger in the vagina, urethra, penis, rectum
 or anus of another person causing physical injury  to  such  person  and
 such  person is incapable of consent by reason of some factor other than
 being less than seventeen years old; OR
   (C) (I) HE OR SHE IS A HEALTH CARE PRACTITIONER WHO, IN THE COURSE  OF
 PERFORMING  AN  ASSISTED REPRODUCTION PROCEDURE ON A PATIENT, USES HUMAN
 REPRODUCTIVE MATERIAL FROM THE PRACTITIONER OR FROM A  DONOR  WHERE  THE
 PRACTITIONER KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT SUCH PATIENT HAD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00574-02-3
 S. 5359                             2

 
 NOT  EXPRESSLY  CONSENTED TO THE USE OF HUMAN REPRODUCTIVE MATERIAL FROM
 SUCH PRACTITIONER OR DONOR.
   (II)  AS  USED  IN  THIS PARAGRAPH, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (1) "HEALTH CARE PRACTITIONER" MEANS A PHYSICIAN,  NURSE  PRACTITIONER
 OR PHYSICIAN ASSISTANT.
   (2)  "HUMAN REPRODUCTIVE MATERIAL" MEANS A HUMAN SPERMATOZOON OR OVUM,
 OR A HUMAN ORGANISM AT ANY STAGE OF DEVELOPMENT FROM FERTILIZED OVUM  TO
 EMBRYO.
   (3)  "ASSISTED REPRODUCTION" MEANS A METHOD OF CAUSING PREGNANCY OTHER
 THAN SEXUAL INTERCOURSE. THE TERM  INCLUDES  INTRAUTERINE  INSEMINATION,
 DONATION OF EGGS, DONATION OF EMBRYOS, IN VITRO FERTILIZATION AND TRANS-
 FER OF EMBRYOS AND INTRACYTOPLASMIC SPERM INJECTION.
   (4)  "DONOR" MEANS AN INDIVIDUAL WHO PROVIDES HUMAN REPRODUCTIVE MATE-
 RIAL TO BE USED FOR ASSISTED REPRODUCTION,  REGARDLESS  OF  WHETHER  THE
 EGGS OR SPERM ARE PROVIDED FOR CONSIDERATION.
   2.  Conduct performed for a valid medical purpose does not violate the
 provisions of PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF this section.
   Aggravated sexual abuse in the fourth degree is a class E felony.
   § 2. Subdivision 3 of section 30.10 of the criminal procedure  law  is
 amended by adding a new paragraph (h) to read as follows:
   (H)  A  PROSECUTION  FOR  AGGRAVATED SEXUAL ABUSE IN THE FOURTH DEGREE
 INVOLVING FERTILITY FRAUD AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE
 OF SECTION 130.65-A OF THE PENAL LAW MAY BE COMMENCED WITHIN THREE YEARS
 AFTER THE FACTS CONSTITUTING SUCH OFFENSE ARE DISCOVERED BY AN AGGRIEVED
 PARTY THROUGH DNA (DEOXYRIBONUCLEIC ACID) ANALYSIS, A  RECORDING,  DOCU-
 MENTS  OR  OTHER  INSTRUMENT  TO  PROVIDE EVIDENCE SUFFICIENT TO BRING A
 PROSECUTION, OR THE DEFENDANT CONFESSES TO THE OFFENSE, WHICHEVER OCCURS
 LATER.
   § 3. The public health law is amended by adding a new  section  2500-l
 to read as follows:
   § 2500-L. PRIVATE RIGHT OF ACTION; FERTILITY FRAUD. 1. AS USED IN THIS
 SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ASSISTED REPRODUCTION PROCEDURE" MEANS A METHOD OF CAUSING PREG-
 NANCY OTHER THAN SEXUAL INTERCOURSE. THE TERM INCLUDES:
   (I) INTRAUTERINE INSEMINATION;
   (II) DONATION OF EGGS;
   (III) DONATION OF EMBRYOS;
   (IV) IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
   (V) INTRACYTOPLASMIC SPERM INJECTION.
   (B) "HUMAN REPRODUCTIVE MATERIAL" MEANS:
   (I) A HUMAN SPERMATOZOON OR OVUM; OR
   (II) A HUMAN ORGANISM AT ANY STAGE OF DEVELOPMENT FROM FERTILIZED OVUM
 TO EMBRYO.
   (C) "HEALTH CARE PRACTITIONER" MEANS A PHYSICIAN,  NURSE  PRACTITIONER
 OR PHYSICIAN ASSISTANT LICENSED UNDER THE EDUCATION LAW.
   (D)  "DONOR" MEANS AN INDIVIDUAL WHO PROVIDES HUMAN REPRODUCTIVE MATE-
 RIAL TO BE USED FOR ASSISTED REPRODUCTION,  REGARDLESS  OF  WHETHER  THE
 EGGS OR SPERM ARE PROVIDED FOR CONSIDERATION.
   (E) "ASSISTED REPRODUCTIVE SERVICE PROVIDER" MEANS A MEDICAL PROVIDER,
 FERTILITY    CLINIC,  OR REPRODUCTIVE TISSUE BANK (WHICH SHALL INCLUDE A
 GAMETE BANK), OR ANY OTHER ENTITY WHICH EITHER PROVIDES ASSISTED  REPRO-
 DUCTIVE  SERVICES  IN  NEW  YORK STATE OR FOR WHICH ANY COMPONENT OF THE
 ASSISTED REPRODUCTIVE SERVICES ARRANGED BY THE ENTITY  IS  PERFORMED  IN
 NEW YORK STATE.
 S. 5359                             3
 
   (F)  "REPRODUCTIVE  TISSUE  BANK" MEANS A FACILITY   WHICH   ACQUIRES,
 PROCESSES, STORES, DISTRIBUTES AND/OR RELEASES REPRODUCTIVE TISSUE TO AN
 INSEMINATION/IMPLANTATION SITE FOR USE  IN  ARTIFICIAL  INSEMINATION  OR
 ASSISTED REPRODUCTIVE PROCEDURES. REPRODUCTIVE TISSUE BANKS INCLUDE, BUT
 ARE  NOT  LIMITED  TO,  SEMEN BANKS, OOCYTE DONATION PROGRAMS AND EMBRYO
 BANKS.
   (G) "INSEMINATION/IMPLANTATION SITE" MEANS A LOCATION AT WHICH ARTIFI-
 CIAL INSEMINATION OR ASSISTED  REPRODUCTIVE  PROCEDURES  ARE  PERFORMED,
 USING  REPRODUCTIVE TISSUE FROM ANONYMOUS DONORS, DIRECTED DONORS AND/OR
 CLIENT-DEPOSITORS, INCLUDING,  SEMEN  PROCESSING,  LIMITED  TO  WASHING,
 CONCENTRATING  AND  STORING OF SEMEN FROM PATIENTS OF PHYSICIANS ASSOCI-
 ATED WITH THE LICENSED INSEMINATION/IMPLANTATION SITES OR THE  PATIENTS'
 REGULAR  SEXUAL  PARTNERS, AS WELL AS LIMITED SEMEN STORAGE OF LESS THAN
 SIX MONTHS' DURATION.
   (H) "SEMEN PROCESSING FACILITY" MEANS  A  TISSUE  PROCESSING  FACILITY
 THAT PROCESSES SEMEN FOR USE BY OTHER LICENSED REPRODUCTIVE TISSUE BANKS
 AND INSEMINATION/IMPLANTATION SITES.
   2. (A) THE PATIENT, AFTER BEING TREATED FOR INFERTILITY BY AN ASSISTED
 REPRODUCTION  PROCEDURE,  AND IN THE EVENT THAT SUCH PATIENT GIVES BIRTH
 TO A CHILD, THE SPOUSE OF SUCH PATIENT, THE  SURVIVING  SPOUSE  OF  SUCH
 PATIENT,  THE  LEGALLY DETERMINED PARENT, OR A CHILD BORN AS A RESULT OF
 THE ACTIONS DESCRIBED IN THIS SECTION  SHALL  HAVE  A  CAUSE  OF  ACTION
 AGAINST:
   (I)  A HEALTH CARE PRACTITIONER WHO KNOWINGLY, INTENTIONALLY OR NEGLI-
 GENTLY PERFORMED AN ASSISTED  REPRODUCTION  PROCEDURE  ON  SUCH  PATIENT
 USING:
   (1)  SUCH  HEALTH CARE PRACTITIONER'S OWN HUMAN REPRODUCTIVE MATERIAL;
 OR
   (2) THE HUMAN REPRODUCTIVE MATERIAL OF ANY DONOR WITHOUT THE  INFORMED
 WRITTEN  CONSENT  OF  SUCH  PATIENT TO TREATMENT USING SUCH REPRODUCTIVE
 MATERIAL.
   (II) A DONOR, HEALTH CARE PRACTITIONER, ASSISTED REPRODUCTIVE  SERVICE
 PROVIDER,  REPRODUCTIVE  TISSUE  BANK, INSEMINATION/IMPLANTATION SITE OR
 SEMEN PROCESSING FACILITY WHO:
   (1) KNOWINGLY, INTENTIONALLY OR NEGLIGENTLY PROVIDES FALSE OR MISLEAD-
 ING INFORMATION ABOUT THE DONOR'S IDENTITY INCLUDING BUT NOT LIMITED TO:
 THE DONOR'S NAME, THE DONOR'S BIRTHDATE, THE DONOR'S ADDRESS AT THE TIME
 OF DONATION, THE DONOR'S MEDICAL HISTORY INCLUDING BUT NOT LIMITED TO AN
 ILLNESS AT THE TIME OF DONATION, ANY PAST ILLNESS OF THE  DONOR  OR  THE
 SOCIAL, GENETIC OR FAMILY HISTORY OF THE DONOR;
   (2)  KNOWINGLY,  INTENTIONALLY  OR  NEGLIGENTLY USES OR PROVIDES HUMAN
 REPRODUCTIVE MATERIAL FOR AN ASSISTED REPRODUCTION PROCEDURE OTHER  THAN
 WHAT WAS AGREED TO BY THE PATIENT TO BE PROVIDED;
   (3)  VIOLATES  AGREEMENTS BETWEEN THE DONOR AND THE ASSISTED REPRODUC-
 TIVE     SERVICE      PROVIDER,      REPRODUCTIVE      TISSUE      BANK,
 INSEMINATION/IMPLANTATION SITE OR SEMEN PROCESSING FACILITY; OR
   (4)  VIOLATES  THE  REGULATIONS UNDER SUBPART 52-8 OF TITLE TEN OF THE
 NEW YORK CODES, RULES AND REGULATIONS, AS AMENDED FROM TIME TO TIME, FOR
 REPRODUCTIVE TISSUE  BANKS,  INSEMINATION/IMPLANTATION  SITES  OR  SEMEN
 PROCESSING FACILITIES, INCLUDING BUT NOT LIMITED TO THOSE REGULATIONS ON
 DONOR QUALIFICATIONS, REQUIRED LABORATORY TESTS, COLLECTION, STORAGE AND
 DISPOSITION  OF  REPRODUCTIVE TISSUE, INFORMED CONSENT, REQUIRED RECORDS
 AND QUALITY ASSURANCE AND SAFETY.
   (B) EACH CHILD BORN PURSUANT TO  PARAGRAPH  (A)  OF  THIS  SUBDIVISION
 SHALL CONSTITUTE A SEPARATE CAUSE OF ACTION.
 S. 5359                             4
 
   3.  (A)  A  DONOR OF HUMAN REPRODUCTIVE MATERIAL SHALL HAVE A CAUSE OF
 ACTION AGAINST A HEALTH  CARE  PRACTITIONER  WHO  PERFORMS  AN  ASSISTED
 REPRODUCTION  PROCEDURE  USING  SUCH DONOR'S HUMAN REPRODUCTIVE MATERIAL
 WHO KNEW OR REASONABLY SHOULD HAVE KNOWN THAT  SUCH  HUMAN  REPRODUCTIVE
 MATERIAL WAS USED EITHER:
   (I) WITHOUT SUCH DONOR'S CONSENT;
   (II)  IN  A  MANNER  OR  TO  AN  EXTENT OTHER THAN TO WHICH SUCH DONOR
 CONSENTED; OR
   (III) IN A MANNER THAT VIOLATES THE REGULATIONS UNDER SUBPART 52-8  OF
 TITLE  TEN OF THE NEW YORK CODES, RULES AND REGULATIONS, AS AMENDED FROM
 TIME TO TIME, FOR REPRODUCTIVE TISSUE  BANKS,  INSEMINATION/IMPLANTATION
 SITES OR SEMEN PROCESSING FACILITIES, INCLUDING BUT NOT LIMITED TO THOSE
 REGULATIONS ON REQUIRED LABORATORY TESTS, COLLECTION, STORAGE AND DISPO-
 SITION  OF  REPRODUCTIVE  TISSUE, INFORMED CONSENT, REQUIRED RECORDS AND
 QUALITY ASSURANCE AND SAFETY.
   (B) EACH INDIVIDUAL WHO RECEIVES AN  ASSISTED  REPRODUCTION  PROCEDURE
 PURSUANT  TO  THE  PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL
 CONSTITUTE A SEPARATE CAUSE OF ACTION.
   4. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B)  OF  THIS  SUBDIVISION,  AN
 ACTION PURSUANT TO THIS SECTION SHALL BE COMMENCED NO LATER THAN:
   (I)  TEN  YEARS  AFTER  THE EIGHTEENTH BIRTHDAY OF THE CHILD CONCEIVED
 THROUGH THE ASSISTED REPRODUCTION PROCEDURE WHICH IS THE SUBJECT OF SUCH
 ACTION; OR
   (II) TEN YEARS AFTER AN ASSISTED REPRODUCTION PROCEDURE WAS  PERFORMED
 IF SUBPARAGRAPH (I) OF THIS PARAGRAPH IS NOT APPLICABLE.
   (B)  AN ACTION PURSUANT TO THIS SECTION THAT WOULD OTHERWISE BE BARRED
 UNDER THIS SECTION MAY BE COMMENCED NOT LATER THAN THREE YEARS AFTER THE
 EARLIEST OF THE DATE ON WHICH:
   (I) THE PERSON FIRST DISCOVERS EVIDENCE SUFFICIENT TO BRING AN  ACTION
 AGAINST  THE  DEFENDANT  THROUGH DNA (DEOXYRIBONUCLEIC ACID) ANALYSIS, A
 RECORDING, DOCUMENTS OR OTHER INSTRUMENT THAT PROVIDES  EVIDENCE  SUFFI-
 CIENT TO BRING AN ACTION AGAINST THE DEFENDANT; OR
   (II) THE DEFENDANT CONFESSES TO THE OFFENSE.
   5.  A  PLAINTIFF WHO PREVAILS IN AN ACTION UNDER THIS SECTION SHALL BE
 ENTITLED TO:
   (A) REASONABLE ATTORNEYS' FEES;
   (B) COMPENSATORY, PUNITIVE AND ECONOMIC DAMAGES; AND
   (C) IF SUCH PLAINTIFF COMMENCED SUCH ACTION  PURSUANT  TO  SUBDIVISION
 TWO OF THIS SECTION, THE COSTS OF THE ASSISTED REPRODUCTION PROCEDURE.
   6.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO PROHIBIT A PERSON
 FROM PURSUING ANY OTHER REMEDY PROVIDED BY LAW.
   § 4. Section 6530 of the education law is  amended  by  adding  a  new
 subdivision 51 to read as follows:
   51.  CONVICTED  OF  A VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE OF
 SECTION 130.65-A OF THE PENAL LAW OR FOUND LIABLE  FOR  FERTILITY  FRAUD
 UNDER SECTION TWENTY-FIVE HUNDRED-L OF THE PUBLIC HEALTH LAW.
   § 5. This act shall take effect immediately.

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Senate Bill S5359

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