New York State Assembly

Bill No.:  

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

---

S06720 Summary:

BILL NO	S06720
SAME AS	SAME AS A10672
SPONSOR	MARTINEZ
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.

Go to top    

---

S06720 Actions:

BILL NO	S06720
09/16/2019	REFERRED TO RULES
01/08/2020	REFERRED TO CODES

Go to top

---

S06720 Committee Votes:

Go to top

---

S06720 Floor Votes:

Go to top

---

S06720 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6720
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                   September 16, 2019
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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.
                                                                   LBD13782-02-9

Go to top