Bill Text: NY A05517 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the performance of virginity examinations.

Spectrum: Partisan Bill (Democrat 23-1)

Status: (Engrossed - Dead) 2022-02-08 - REFERRED TO WOMEN'S ISSUES [A05517 Detail]

Download: New_York-2021-A05517-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5517

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 19, 2021
                                       ___________

        Introduced  by  M.  of A. SOLAGES, GOTTFRIED, HEVESI, JACOBSON, WALLACE,
          SIMON, FERNANDEZ, DeSTEFANO, NOLAN -- 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.
                                                                   LBD02831-01-1
        A. 5517                             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 3 of part R of chapter 55 of the laws of  2020,  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. 5517                             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);
    13  section 490.10 (soliciting or providing support for an act of  terrorism
    14  in  the  second degree); section 490.15 (soliciting or providing support
    15  for an act of terrorism in the first degree); section 490.20  (making  a
    16  terroristic threat); section 490.25 (crime of terrorism); section 490.30
    17  (hindering  prosecution  of  terrorism  in  the  second degree); section
    18  490.35 (hindering prosecution of terrorism in the first degree); section
    19  490.37 (criminal possession of a chemical weapon or biological weapon in
    20  the third degree); section 490.40 (criminal  possession  of  a  chemical
    21  weapon or biological weapon in the second degree); section 490.45 (crim-
    22  inal  possession  of a chemical weapon or biological weapon in the first
    23  degree); section 490.47 (criminal use of a chemical weapon or biological
    24  weapon in the third degree); section 490.50 (criminal use of a  chemical
    25  weapon or biological weapon in the second degree); section 490.55 (crim-
    26  inal use of a chemical weapon or biological weapon in the first degree);
    27  or any attempt or conspiracy to commit any of the foregoing offenses.
    28    § 5. This act shall take effect immediately.