STATE OF NEW YORK
________________________________________________________________________
862--A
2015-2016 Regular Sessions
IN ASSEMBLY
January 7, 2015
___________
Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. ABINAN-
TI, RAIA -- read once and referred to the Committee on Codes -- recom-
mitted to the Committee on Codes in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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:
1 Section 1. Section 176.00 of the penal law is amended by adding four
2 new subdivisions 6, 7, 8 and 9 to read as follows:
3 6. "Provider" means an attorney, a health care professional, an owner
4 or operator of a health care practice or facility, any person who
5 creates the impression that he or she, or his or her practice can
6 provide legal or health care services, any person employed or acting on
7 behalf of any such person, or any person providing management or
8 consulting services to any such person.
9 7. "Public media" means telephone directories, professional directo-
10 ries, newspapers and other periodicals, radio and television, bill-
11 boards, and mailed or electronically transmitted written communications
12 that do not involve direct contact with a specific prospective client,
13 patient, or customer.
14 8. "Runner" means a person who, for a pecuniary benefit, procures or
15 attempts to procure a client, patient or customer at the direction of,
16 request of or in cooperation with a provider whose purpose is to seek to
17 obtain benefits under a contract of insurance or assert a claim against
18 an insured or an insurance carrier for providing services to the client,
19 patient or customer, or to obtain benefits under or assert a claim
20 against a state or federal health care benefits program or prescription
21 drug assistance program. "Runner" shall not include (a) a person who
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05335-03-6
A. 862--A 2
1 procures or attempts to procure clients, patients or customers for a
2 provider through public media; (b) a person who refers clients, patients
3 or customers as otherwise authorized by law; or (c) a person who, as an
4 agent, broker or employee of a health maintenance organization as
5 defined in section forty-four hundred one of the public health law,
6 seeks to sell health maintenance organization coverage or health insur-
7 ance coverage to an individual or group.
8 9. "Pecuniary benefit" means goods, money, property, services or
9 anything of value, or an agreement to confer or receive any such goods,
10 money, property, services, or thing of value.
11 § 2. The penal law is amended by adding three new sections 176.75,
12 176.80 and 176.85 to read as follows:
13 § 176.75 Unlawful procurement of clients, patients or customers in the
14 third degree.
15 A person is guilty of unlawful procurement of clients, patients or
16 customers in the third degree when he or she knowingly:
17 1. acts as a runner on one or more occasions; or
18 2. uses, solicits, directs, hires or employs another person to act as
19 a runner on one or more occasions.
20 Unlawful procurement of clients, patients or customers in the third
21 degree is a class A misdemeanor.
22 § 176.80 Unlawful procurement of clients, patients or customers in the
23 second degree.
24 A person is guilty of unlawful procurement of clients, patients or
25 customers in the second degree when he or she knowingly:
26 1. acts as a runner on one or more occasions for a pecuniary benefit
27 that in the aggregate exceeds two thousand five hundred dollars in value
28 or acts as a runner on five or more occasions; or
29 2. uses, solicits, directs, hires or employs one or more persons to
30 act as a runner on one or more occasions for a pecuniary benefit that in
31 the aggregate exceeds two thousand five hundred dollars in value or
32 uses, solicits, directs, hires or employs one or more persons to act as
33 a runner on five or more occasions.
34 Unlawful procurement of clients, patients or customers in the second
35 degree is a class E felony.
36 § 176.85 Unlawful procurement of clients, patients or customers in the
37 first degree.
38 A person is guilty of unlawful procurement of clients, patients or
39 customers in the first degree when he or she knowingly:
40 1. acts as a runner on one or more occasions for a pecuniary benefit
41 that in the aggregate exceeds five thousand dollars in value or acts as
42 a runner on ten or more occasions; or
43 2. uses, solicits, directs, hires or employs one or more persons to
44 act as a runner on one or more occasions for a pecuniary benefit that in
45 the aggregate exceeds five thousand dollars or uses, solicits, directs,
46 hires or employs one or more persons to act as a runner on ten or more
47 occasions.
48 Unlawful procurement of clients, patients or customers in the first
49 degree is a class D felony.
50 § 3. Paragraph (a) of subdivision 1 of section 460.10 of the penal
51 law, as amended by chapter 368 of the laws of 2015, is amended to read
52 as follows:
53 (a) Any of the felonies set forth in this chapter: sections 120.05,
54 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
55 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
56 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
A. 862--A 3
1 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to
2 labor trafficking; section 135.65 relating to coercion; sections 140.20,
3 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and
4 145.12 relating to criminal mischief; article one hundred fifty relating
5 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
6 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
7 care fraud; article one hundred sixty relating to robbery; sections
8 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
9 stolen property; sections 165.72 and 165.73 relating to trademark coun-
10 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
11 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
12 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
13 176.30 relating to insurance fraud; sections 176.80 and 176.85 relating
14 to unlawful procurement of clients, patients and customers; sections
15 178.20 and 178.25 relating to criminal diversion of prescription medica-
16 tions and prescriptions; sections 180.03, 180.08, 180.15, 180.25,
17 180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,
18 200.22, 200.25, 200.27, 200.56, 215.00, 215.05 and 215.19; sections
19 187.10, 187.15, 187.20 and 187.25 relating to residential mortgage
20 fraud, sections 190.40 and 190.42 relating to criminal usury; section
21 190.65 relating to schemes to defraud; any felony defined in article
22 four hundred ninety-six; sections 205.60 and 205.65 relating to hinder-
23 ing prosecution; sections 210.10, 210.15, and 215.51 relating to perjury
24 and contempt; section 215.40 relating to tampering with physical
25 evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31,
26 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60, 220.65 and
27 220.77 relating to controlled substances; sections 225.10 and 225.20
28 relating to gambling; sections 230.25, 230.30, and 230.32 relating to
29 promoting prostitution; section 230.34 relating to sex trafficking;
30 sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity;
31 sections 263.10 and 263.15 relating to promoting a sexual performance by
32 a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
33 provisions of section 265.10 which constitute a felony relating to
34 firearms and other dangerous weapons; sections 265.14 and 265.16 relat-
35 ing to criminal sale of a firearm; section 275.10, 275.20, 275.30, or
36 275.40 relating to unauthorized recordings; and sections 470.05, 470.10,
37 470.15 and 470.20 relating to money laundering; or
38 § 4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
39 procedure law, as amended by chapter 368 of the laws of 2015, is amended
40 to read as follows:
41 (b) Any of the following felonies: assault in the second degree as
42 defined in section 120.05 of the penal law, assault in the first degree
43 as defined in section 120.10 of the penal law, reckless endangerment in
44 the first degree as defined in section 120.25 of the penal law, promot-
45 ing a suicide attempt as defined in section 120.30 of the penal law,
46 strangulation in the second degree as defined in section 121.12 of the
47 penal law, strangulation in the first degree as defined in section
48 121.13 of the penal law, criminally negligent homicide as defined in
49 section 125.10 of the penal law, manslaughter in the second degree as
50 defined in section 125.15 of the penal law, manslaughter in the first
51 degree as defined in section 125.20 of the penal law, murder in the
52 second degree as defined in section 125.25 of the penal law, murder in
53 the first degree as defined in section 125.27 of the penal law, abortion
54 in the second degree as defined in section 125.40 of the penal law,
55 abortion in the first degree as defined in section 125.45 of the penal
56 law, rape in the third degree as defined in section 130.25 of the penal
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1 law, rape in the second degree as defined in section 130.30 of the penal
2 law, rape in the first degree as defined in section 130.35 of the penal
3 law, criminal sexual act in the third degree as defined in section
4 130.40 of the penal law, criminal sexual act in the second degree as
5 defined in section 130.45 of the penal law, criminal sexual act in the
6 first degree as defined in section 130.50 of the penal law, sexual abuse
7 in the first degree as defined in section 130.65 of the penal law,
8 unlawful imprisonment in the first degree as defined in section 135.10
9 of the penal law, kidnapping in the second degree as defined in section
10 135.20 of the penal law, kidnapping in the first degree as defined in
11 section 135.25 of the penal law, labor trafficking as defined in section
12 135.35 of the penal law, aggravated labor trafficking as defined in
13 section 135.37 of the penal law, custodial interference in the first
14 degree as defined in section 135.50 of the penal law, coercion in the
15 first degree as defined in section 135.65 of the penal law, criminal
16 trespass in the first degree as defined in section 140.17 of the penal
17 law, burglary in the third degree as defined in section 140.20 of the
18 penal law, burglary in the second degree as defined in section 140.25 of
19 the penal law, burglary in the first degree as defined in section 140.30
20 of the penal law, criminal mischief in the third degree as defined in
21 section 145.05 of the penal law, criminal mischief in the second degree
22 as defined in section 145.10 of the penal law, criminal mischief in the
23 first degree as defined in section 145.12 of the penal law, criminal
24 tampering in the first degree as defined in section 145.20 of the penal
25 law, arson in the fourth degree as defined in section 150.05 of the
26 penal law, arson in the third degree as defined in section 150.10 of the
27 penal law, arson in the second degree as defined in section 150.15 of
28 the penal law, arson in the first degree as defined in section 150.20 of
29 the penal law, grand larceny in the fourth degree as defined in section
30 155.30 of the penal law, grand larceny in the third degree as defined in
31 section 155.35 of the penal law, grand larceny in the second degree as
32 defined in section 155.40 of the penal law, grand larceny in the first
33 degree as defined in section 155.42 of the penal law, health care fraud
34 in the fourth degree as defined in section 177.10 of the penal law,
35 health care fraud in the third degree as defined in section 177.15 of
36 the penal law, health care fraud in the second degree as defined in
37 section 177.20 of the penal law, health care fraud in the first degree
38 as defined in section 177.25 of the penal law, robbery in the third
39 degree as defined in section 160.05 of the penal law, robbery in the
40 second degree as defined in section 160.10 of the penal law, robbery in
41 the first degree as defined in section 160.15 of the penal law, unlawful
42 use of secret scientific material as defined in section 165.07 of the
43 penal law, criminal possession of stolen property in the fourth degree
44 as defined in section 165.45 of the penal law, criminal possession of
45 stolen property in the third degree as defined in section 165.50 of the
46 penal law, criminal possession of stolen property in the second degree
47 as defined by section 165.52 of the penal law, criminal possession of
48 stolen property in the first degree as defined by section 165.54 of the
49 penal law, trademark counterfeiting in the second degree as defined in
50 section 165.72 of the penal law, trademark counterfeiting in the first
51 degree as defined in section 165.73 of the penal law, forgery in the
52 second degree as defined in section 170.10 of the penal law, forgery in
53 the first degree as defined in section 170.15 of the penal law, criminal
54 possession of a forged instrument in the second degree as defined in
55 section 170.25 of the penal law, criminal possession of a forged instru-
56 ment in the first degree as defined in section 170.30 of the penal law,
A. 862--A 5
1 criminal possession of forgery devices as defined in section 170.40 of
2 the penal law, falsifying business records in the first degree as
3 defined in section 175.10 of the penal law, tampering with public
4 records in the first degree as defined in section 175.25 of the penal
5 law, offering a false instrument for filing in the first degree as
6 defined in section 175.35 of the penal law, issuing a false certificate
7 as defined in section 175.40 of the penal law, unlawful procurement of
8 clients, patients or customers in the second degree as defined in
9 section 176.80 of the penal law, unlawful procurement of clients,
10 patients or customers in the first degree as defined in section 176.85
11 of the penal law, criminal diversion of prescription medications and
12 prescriptions in the second degree as defined in section 178.20 of the
13 penal law, criminal diversion of prescription medications and
14 prescriptions in the first degree as defined in section 178.25 of the
15 penal law, residential mortgage fraud in the fourth degree as defined in
16 section 187.10 of the penal law, residential mortgage fraud in the third
17 degree as defined in section 187.15 of the penal law, residential mort-
18 gage fraud in the second degree as defined in section 187.20 of the
19 penal law, residential mortgage fraud in the first degree as defined in
20 section 187.25 of the penal law, escape in the second degree as defined
21 in section 205.10 of the penal law, escape in the first degree as
22 defined in section 205.15 of the penal law, absconding from temporary
23 release in the first degree as defined in section 205.17 of the penal
24 law, promoting prison contraband in the first degree as defined in
25 section 205.25 of the penal law, hindering prosecution in the second
26 degree as defined in section 205.60 of the penal law, hindering prose-
27 cution in the first degree as defined in section 205.65 of the penal
28 law, sex trafficking as defined in section 230.34 of the penal law,
29 criminal possession of a weapon in the third degree as defined in subdi-
30 visions two, three and five of section 265.02 of the penal law, criminal
31 possession of a weapon in the second degree as defined in section 265.03
32 of the penal law, criminal possession of a weapon in the first degree as
33 defined in section 265.04 of the penal law, manufacture, transport,
34 disposition and defacement of weapons and dangerous instruments and
35 appliances defined as felonies in subdivisions one, two, and three of
36 section 265.10 of the penal law, sections 265.11, 265.12 and 265.13 of
37 the penal law, or prohibited use of weapons as defined in subdivision
38 two of section 265.35 of the penal law, relating to firearms and other
39 dangerous weapons, or failure to disclose the origin of a recording in
40 the first degree as defined in section 275.40 of the penal law;
41 § 5. This act shall take effect on the first of November next succeed-
42 ing the date upon which it shall have become a law.
