New York A 5046: Relates to the powers and duties of enforcement officers

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A05046 Summary:

BILL NOA05046 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORJacobson

&nbsp

COSPNSRLunsford, Hevesi, Seawright, Eachus, Hyndman, Gibbs, Glick, Reyes, Ramos

&nbsp

MLTSPNSR

&nbsp

Amd §130.65-a, Pen L; amd §30.10, CP L; add §2500-n, Pub Health L; amd §6530, Ed L

&nbsp

Creates a private right of action for fertility fraud; adds a health care practitioner using human reproductive material from the practitioner or from a donor knowing or who reasonably should have known that such patient had not expressly consented to such use, to the crime of aggravated sexual abuse in the fourth degree; relates to the time in which to commence actions relating to fertility fraud; includes fertility fraud in the definition of professional misconduct for physicians, physician's assistants and specialist assistants.

Go to top A05046 Actions:

BILL NOA05046 

&nbsp

02/11/2025referred to codes

01/07/2026referred to codes

Go to topA05046 Committee&nbspVotes:

Go to topA05046 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05046 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5046

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 11, 2025
 ___________

 Introduced by M. of A. JACOBSON, LUNSFORD, HEVESI, SEAWRIGHT, EACHUS,
 HYNDMAN, GIBBS, GLICK, REYES, RAMOS -- read once and referred to the
 Committee on Codes

 AN ACT to amend the penal law, in relation to aggravated sexual abuse in
 the fourth degree; to amend the criminal procedure law, in relation to
 the time in which to commence actions relating to fertility fraud; to
 amend the public health law, in relation to creating a private right
 of action for fertility fraud; and to amend the education law, in
 relation to including fertility fraud in the definition of profes-
 sional misconduct for physicians, physician's assistants and special-
 ist assistants

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 130.65-a of the penal law, as added by chapter 1 of
 2 the laws of 2000, subdivision 1 as amended by chapter 485 of the laws of
 3 2009, is amended to read as follows:
 4 § 130.65-a Aggravated sexual abuse in the fourth degree.
 5 1. A person is guilty of aggravated sexual abuse in the fourth degree
 6 when:
 7 (a) [He or she] Such person inserts a foreign object in the vagina,
 8 urethra, penis, rectum or anus of another person and the other person is
 9 incapable of consent by reason of some factor other than being less than
 10 seventeen years old; [or]
 11 (b) [He or she] Such person inserts a finger in the vagina, urethra,
 12 penis, rectum or anus of another person causing physical injury to such
 13 person and such person is incapable of consent by reason of some factor
 14 other than being less than seventeen years old; or
 15 (c) (i) Such person is a health care practitioner who, in the course
 16 of performing an assisted reproduction procedure on a patient, uses
 17 human reproductive material from the practitioner or from a donor where
 18 the practitioner knows or reasonably should have known that such patient

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04010-01-5

 A. 5046 2

 1 had not expressly consented to the use of human reproductive material
 2 from such practitioner or donor.
 3 (ii) As used in this paragraph, the following terms shall have the
 4 following meanings:
 5 (1) "Health care practitioner" means a physician, nurse practitioner
 6 or physician assistant.
 7 (2) "Human reproductive material" means a human spermatozoon or ovum,
 8 or a human organism at any stage of development from fertilized ovum to
 9 embryo.
 10 (3) "Assisted reproduction" means a method of causing pregnancy other
 11 than sexual intercourse. The term includes intrauterine insemination,
 12 donation of eggs, donation of embryos, in vitro fertilization and trans-
 13 fer of embryos and intracytoplasmic sperm injection.
 14 (4) "Donor" means an individual who provides human reproductive mate-
 15 rial to be used for assisted reproduction, regardless of whether the
 16 eggs or sperm are provided for consideration.
 17 2. Conduct performed for a valid medical pu