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S06720 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 6720 2019-2020 Regular Sessions IN SENATE September 16, 2019 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. LBD13782-02-9