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A08742 Summary:

BILL NOA08742
 
SAME ASSAME AS S06879
 
SPONSORSolages
 
COSPNSRGottfried, Hevesi, Mosley, Burke, Jacobson, Wallace, Simon, DeStefano, Fernandez, Blake, Nolan, Simotas
 
MLTSPNSR
 
Add 230-f & 267-a, Pub Health L; amd 6509, Ed L; amd 130.65 & 485.05, Pen L
 
Prohibits licensed medical practitioners from performing or supervising virginity examinations and subjects any medical practitioner who does perform or supervise such performance to professional misconduct penalties as well as possible criminal charges.
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A08742 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8742
 
SPONSOR: Solages
  TITLE OF BILL: An act to amend the public health law, the education law and the penal law, in relation to prohibiting virginity examinations   PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to prevent the performance of hymen examina- tions on women as a means to ascertain whether a woman is a virgin   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill adds two new sections § 230-f and 267- a to the public health law to forbid the performance of a hymen exam on women as a means to ascertain whether a woman is a virgin. Section 2 amends § 6509 of the education law by adding a new subdivision 15.   JUSTIFICATION: According to numerous sources, "virginity tests"- exams in which two fingers or a speculum are inserted into the vagina in search of the hymen or to measure the elasticity of the vaginal walls, are widespread and common throughout the US. These examinations are not only a violation of women's and girls' human rights, but in cases of rape can cause additional pain and mimic the original act of sexual violence, leading to re-experience, re-traumati- zation and re-victimization. Many women suffer from adverse short- and long-term physical, psychological and social consequences of this prac- tice. This includes anxiety, depression and post-traumatic stress. In extreme cases, women or girls may attempt suicide or be killed in the name of "honour". The term "virginity" is not a medical or scientific term. Rather, the concept of "virginity" is a social, cultural and religious construct - one that reflects gender discrimination against women and girls. As a result, the United Nations, along with the World Health Organization, U.N. Women and U.N. Human Rights, called for a global ban on the prac- tice. Considering the federal government has yet to enact legislation to prohibit this invasive and medically unnecessary procedure, the onus of eliminating "virginity tests" is on state governments. This legislation would ban the performance of professional hymen exams as a means to ascertain whether a woman is a virgin, and the bill stipulates that if someone disregards these rules, it will be considered an act of profes- sional misconduct.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None noted.   EFFECTIVE DATE: This act shall take effect immediately.
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A08742 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8742
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 25, 2019
                                       ___________
 
        Introduced  by  M. of A. SOLAGES, GOTTFRIED -- read once and referred to
          the Committee on Health
 
        AN ACT to amend the public health law, the education law and  the  penal
          law, in relation to prohibiting virginity examinations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding two new sections
     2  230-f and 267-a to read as follows:
     3    § 230-f. Unauthorized virginity examinations. For the purposes of this
     4  title, professional misconduct shall include the performance of virgini-
     5  ty examinations or supervising the performance of virginity examinations
     6  in violation of section two hundred sixty-seven-a of this article.
     7    § 267-a. Prohibition of virginity examinations.  1.  For  purposes  of
     8  this section, the following terms shall have the following meanings:
     9    (a)  "Virginity examination" shall mean any practice or procedure used
    10  to determine whether a female has previously had sexual intercourse.
    11    (b) "Medical setting" shall mean any location where  licensed  medical
    12  practitioners  are  authorized  to  provide  health care to individuals,
    13  including, but not limited to,  hospitals,  long-term  care  facilities,
    14  physician's offices, urgent-care centers and outpatient clinics.
    15    2. No licensed medical practitioner shall perform a virginity examina-
    16  tion  or  supervise  the  performance  of  a  virginity examination on a
    17  patient.
    18    3. (a) Any licensed medical  practitioner  who  performs  a  virginity
    19  examination  in  violation of this section shall be subject to penalties
    20  for professional misconduct pursuant to subarticle three of article  one
    21  hundred thirty of the education law.
    22    (b)  Any  licensed medical practitioner who performs or supervises the
    23  performance of a virginity examination on an individual in a non-medical
    24  setting shall be subject to penalties for  sexual  abuse  in  the  first
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14190-02-9

        A. 8742                             2
 
     1  degree  pursuant  to section 130.65 if the penal law, in addition to the
     2  penalties described in paragraph (a) of this subdivision.
     3    §  2.  Section  6509  of  the education law is amended by adding a new
     4  subdivision 15 to read as follows:
     5    (15) A violation of section two hundred sixty-seven-a  of  the  public
     6  health law.
     7    §  3. Section 130.65 of the penal law, as amended by chapter 26 of the
     8  laws of 2011, is amended to read as follows:
     9  § 130.65 Sexual abuse in the first degree.
    10    1. A person is guilty of sexual abuse in the first degree when  he  or
    11  she subjects another person to sexual contact:
    12    [1.] (a) By forcible compulsion; or
    13    [2.]  (b)  When  the other person is incapable of consent by reason of
    14  being physically helpless; or
    15    [3.] (c) When the other person is less than eleven years old; or
    16    [4.] (d) When the other person is less than thirteen years old and the
    17  actor is twenty-one years old or older.
    18    2. A person is also guilty of sexual abuse in the first degree when he
    19  or she is in violation of paragraph (b) of subdivision three of  section
    20  two hundred sixty-seven-a of the public health law.
    21    Sexual abuse in the first degree is a class D felony.
    22    §  4.  Subdivision 3 of section 485.05 of the penal law, as amended by
    23  section 9 of part NN of chapter 55 of the laws of 2018,  is  amended  to
    24  read as follows:
    25    3. A "specified offense" is an offense defined by any of the following
    26  provisions  of  this  chapter:  section  120.00  (assault  in  the third
    27  degree); section 120.05 (assault in the second degree);  section  120.10
    28  (assault in the first degree); section 120.12 (aggravated assault upon a
    29  person  less  than  eleven  years  old); section 120.13 (menacing in the
    30  first degree); section 120.14 (menacing in the second  degree);  section
    31  120.15  (menacing  in the third degree); section 120.20 (reckless endan-
    32  germent in the second degree); section 120.25 (reckless endangerment  in
    33  the  first degree); section 121.12 (strangulation in the second degree);
    34  section 121.13 (strangulation in the first degree); subdivision  one  of
    35  section 125.15 (manslaughter in the second degree); subdivision one, two
    36  or  four  of  section 125.20 (manslaughter in the first degree); section
    37  125.25 (murder in the second degree); section 120.45  (stalking  in  the
    38  fourth  degree);  section 120.50 (stalking in the third degree); section
    39  120.55 (stalking in the second degree); section 120.60 (stalking in  the
    40  first  degree);  subdivision  one  of  section 130.35 (rape in the first
    41  degree); subdivision one of section 130.50 (criminal sexual act  in  the
    42  first degree); paragraph (a) of subdivision one of section 130.65 (sexu-
    43  al  abuse  in  the  first  degree);  paragraph (a) of subdivision one of
    44  section 130.67 (aggravated sexual abuse in the second degree); paragraph
    45  (a) of subdivision one of section 130.70 (aggravated sexual abuse in the
    46  first degree); section  135.05  (unlawful  imprisonment  in  the  second
    47  degree);  section  135.10  (unlawful  imprisonment in the first degree);
    48  section  135.20  (kidnapping  in  the  second  degree);  section  135.25
    49  (kidnapping  in the first degree); section 135.60 (coercion in the third
    50  degree); section 135.61 (coercion in the second degree); section  135.65
    51  (coercion in the first degree); section 140.10 (criminal trespass in the
    52  third  degree); section 140.15 (criminal trespass in the second degree);
    53  section 140.17 (criminal trespass in the first degree);  section  140.20
    54  (burglary  in  the third degree); section 140.25 (burglary in the second
    55  degree); section 140.30 (burglary in the first degree);  section  145.00
    56  (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal

        A. 8742                             3
 
     1  mischief in the third degree); section 145.10 (criminal mischief in  the
     2  second  degree); section 145.12 (criminal mischief in the first degree);
     3  section 150.05 (arson in the fourth degree); section  150.10  (arson  in
     4  the  third degree); section 150.15 (arson in the second degree); section
     5  150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
     6  section  155.30  (grand  larceny  in  the fourth degree); section 155.35
     7  (grand larceny in the third degree); section 155.40  (grand  larceny  in
     8  the  second degree); section 155.42 (grand larceny in the first degree);
     9  section 160.05 (robbery in the third degree); section 160.10 (robbery in
    10  the second degree);  section  160.15  (robbery  in  the  first  degree);
    11  section 240.25 (harassment in the first degree); subdivision one, two or
    12  four  of section 240.30 (aggravated harassment in the second degree); or
    13  any attempt or conspiracy to commit any of the foregoing offenses.
    14    § 5. This act shall take effect immediately.
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