### A08742 Summary:

BILL NO | A08742 |

SAME AS | SAME AS S06879 |

SPONSOR | Solages |

COSPNSR | Gottfried, 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. |

### A08742 Text:

Go to topSTATE OF NEW YORK________________________________________________________________________ 8742 2019-2020 Regular SessionsIN ASSEMBLYNovember 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 examinationsThe People of the State of New York, represented in Senate and Assem-1 Section 1. The public health law is amended by adding two new sections 2 230-f and 267-a to read as follows: 3bly, do enact as follows:4§ 230-f. Unauthorized virginity examinations. For the purposes of this5title, professional misconduct shall include the performance of virgini-6ty examinations or supervising the performance of virginity examinations7in violation of section two hundred sixty-seven-a of this article.8§ 267-a. Prohibition of virginity examinations. 1. For purposes of9this section, the following terms shall have the following meanings:10(a) "Virginity examination" shall mean any practice or procedure used11to determine whether a female has previously had sexual intercourse.12(b) "Medical setting" shall mean any location where licensed medical13practitioners are authorized to provide health care to individuals,14including, but not limited to, hospitals, long-term care facilities,15physician's offices, urgent-care centers and outpatient clinics.162. No licensed medical practitioner shall perform a virginity examina-17tion or supervise the performance of a virginity examination on a18patient.193. (a) Any licensed medical practitioner who performs a virginity20examination in violation of this section shall be subject to penalties21for professional misconduct pursuant to subarticle three of article one22hundred thirty of the education law.23(b) Any licensed medical practitioner who performs or supervises the24performance of a virginity examination on an individual in a non-medicalEXPLANATION--Matter insetting shall be subject to penalties for sexual abuse in the first(underscored) is new; matter in brackets [italics] is old law to be omitted. LBD14190-02-9A. 8742 2 12degree pursuant to section 130.65 if the penal law, in addition to the3 § 2. Section 6509 of the education law is amended by adding a new 4 subdivision 15 to read as follows: 5penalties described in paragraph (a) of this subdivision.6(15) A violation of section two hundred sixty-seven-a of the public7 § 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. 10health law.A person is guilty of sexual abuse in the first degree when he or 11 she subjects another person to sexual contact: 12 [1.]~~1.~~By forcible compulsion; or 13 [(a)]~~2.~~When the other person is incapable of consent by reason of 14 being physically helpless; or 15 [(b)]~~3.~~When the other person is less than eleven years old; or 16 [(c)]~~4.~~When the other person is less than thirteen years old and the 17 actor is twenty-one years old or older. 18(d)192. A person is also guilty of sexual abuse in the first degree when he20or she is in violation of paragraph (b) of subdivision three of section21 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);two hundred sixty-seven-a of the public health law.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 (criminalparagraph (a) ofA. 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.