New York State Assembly

Bill No.:  

 
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S04360 Summary:

BILL NO	S04360
SAME AS	SAME AS A00262
SPONSOR	FERNANDEZ
COSPNSR
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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S04360 Actions:

BILL NO	S04360
02/07/2023	REFERRED TO CODES
01/03/2024	REFERRED TO CODES

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S04360 Committee Votes:

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S04360 Floor Votes:

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S04360 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4360
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 7, 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 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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