New York State Assembly

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A00262 Summary:

BILL NO	A00262
SAME AS	SAME AS S04360
SPONSOR	Paulin
COSPNSR	Simon, Sillitti
MLTSPNSR
Add §190.90, Pen L
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.

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A00262 Actions:

BILL NO	A00262
01/04/2023	referred to codes
01/03/2024	referred to codes

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A00262 Committee Votes:

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A00262 Floor Votes:

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A00262 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           262
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  M.  of A. PAULIN, SIMON -- 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:

     1    Section 1. The penal law is amended by adding a new section 190.90  to
     2  read as follows:
     3  § 190.90 Fertility fraud.
     4    1.  A  health  care  provider  is  guilty of fertility fraud when such
     5  provider: (a) knowingly or intentionally performs  an  assisted  reprod-
     6  uction  procedure  using  the  spermatozoon  or  ovum of the health care
     7  provider or any other  donor  without  the  patient's  informed  written
     8  consent  to  treatment  using  spermatozoon or ovum from the health care
     9  provider or from any donor other than a  donor  from  whom  the  patient
    10  consented in writing; or
    11    (b) intentionally performs an assisted reproduction procedure and such
    12  provider  knows or reasonably should have known that the human reproduc-
    13  tive material was used: (i) without the donor's consent; or  (ii)  in  a
    14  manner or to an extent other than that to which the donor consented.
    15    2. "Human reproductive material" means:
    16    (a) a human spermatozoon or ovum; or
    17    (b)  a human organism at any stage of development from fertilized ovum
    18  to embryo.
    19    Fertility fraud is a class E felony.
    20    § 2. This act shall take effect on the one hundred twentieth day after
    21  it shall have become a law.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02089-01-3

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