Bill Text: NY A07733 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes the crime of sexual abuse against a patient or client by a health care provider in the first and second degree; designates such crimes as being class B and E felonies, respectively.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A07733 Detail]

Download: New_York-2019-A07733-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7733

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 17, 2019
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the penal law, in relation to establishing the crime  of
          sexual  abuse against a patient or client by a health care provider in
          the first and second degree

          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 130.83 to
     2  read as follows:
     3  § 130.83 Sexual abuse against a patient  or  client  by  a  health  care
     4             provider in the second degree.
     5    1.  A person is guilty of sexual abuse against a  patient or client by
     6  a health care provider in the second degree when:
     7    (a) he or she is, or holds himself or herself out to be, a health care
     8  provider or mental health care provider; and
     9    (b) engages in sexual contact with a  patient  or  client  during  the
    10  course of diagnosis, counseling, or treatment; and
    11    (c)  consent  to such sexual contact was procured by a false represen-
    12  tation that such contact was for a bona fide medical purpose.
    13    2. Conduct performed for a valid medical purpose does not violate  the
    14  provisions of this section.
    15    Sexual  abuse against a patient or client by a health care provider in
    16  the second degree is a class E felony.
    17    § 2. The penal law is amended by adding a new section 130.84  to  read
    18  as follows:
    19  §  130.84  Sexual  abuse  against  a  patient or client by a health care
    20               provider in the first degree.
    21    1. A person is guilty of sexual abuse against a patient or client by a
    22  health care provider in the first degree when:
    23    (a) he or she is, or holds himself or herself out to be, a health care
    24  provider or mental health care provider; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11449-02-9
        A. 7733                             2

     1    (b) knowingly induces a patient or client to engage in  sexual  inter-
     2  course, oral sexual conduct, or anal sexual conduct during the course of
     3  diagnosis, counseling, or treatment; and
     4    (c)  consent  to such sexual intercourse, oral sexual conduct, or anal
     5  sexual conduct was procured by a false representation that such act  was
     6  for a bona fide medical purpose.
     7    2.  Conduct performed for a valid medical purpose does not violate the
     8  provisions of this section.
     9    Sexual abuse against a patient or client by a health care provider  in
    10  the first degree is a class B felony.
    11    § 3. This act shall take effect immediately.