Bill Text: NY S04841 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 4841 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-07-22 - RECOMMIT, ENACTING CLAUSE STRICKEN [S04841 Detail]

Download: New_York-2021-S04841-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          4841

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 16, 2021
                                       ___________

        Introduced  by  Sen.  BIAGGI -- 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.
                                                                   LBD02132-01-1