|SAME AS||SAME AS S06879|
|COSPNSR||Gottfried, Hevesi, Mosley, Burke, Jacobson, Wallace, Simon, DeStefano, Fernandez, Blake, Nolan, Simotas|
|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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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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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. LBD14190-02-9A. 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 (criminalA. 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.