New York A 5170: Requires recipients of public assistance benefits submit to pre-qualification drug screening and testing, random drug testing, reasonable suspicion drug testing and resumption of benefits drug testing

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A05170 Summary:

BILL NOA05170 

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SAME ASNo Same As

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SPONSORSolages

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COSPNSR

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MLTSPNSR

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Add §§130.83 & 130.84, Pen L

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Establishes the crime of sexual abuse against a patient or client by a health care provider in the first and second degree; designates such crimes as being class B and E felonies, respectively.

Go to top A05170 Actions:

BILL NOA05170 

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02/12/2025referred to codes

01/07/2026referred to codes

Go to topA05170 Committee&nbspVotes:

Go to topA05170 Floor&nbspVotes:

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

Go to topA05170 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5170

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the penal law, in relation to establishing the crime of
 sexual abuse against a patient or client by a health care provider in
 the first and second degree

 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 two new sections 130.83
 2 and 130.84 to read as follows:
 3 § 130.83 Sexual abuse against a patient or client by a health care
 4 provider in the second degree.
 5 1. A person is guilty of sexual abuse against a patient or client by
 6 a health care provider in the second degree when:
 7 (a) such person is, or holds themself out to be, a health care provid-
 8 er or mental health care provider; and
 9 (b) engages in sexual contact with a patient or client during the
 10 course of diagnosis, counseling, or treatment; and
 11 (c) consent to such sexual contact was procured by a false represen-
 12 tation that such contact was for a bona fide medical purpose.
 13 2. Conduct performed for a valid medical purpose does not violate the
 14 provisions of this section.
 15 Sexual abuse against a patient or client by a health care provider in
 16 the second degree is a class E felony.
 17 § 130.84 Sexual abuse against a patient or client by a health care
 18 provider in the first degree.
 19 1. A person is guilty of sexual abuse against a patient or client by a
 20 health care provider in the first degree when:
 21 (a) such person is, or holds themself out to be, a health care provid-
 22 er or mental health care provider; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09219-01-5

 A. 5170 2

 1 (b) knowingly induces a patient or client to engage in sexual inter-
 2 course, oral sexual conduct, or anal sexual conduct during the course of
 3 diagnosis, counseling, or treatment; and
 4 (c) consent to such sexual intercourse, oral sexual conduct, or anal
 5 sexual conduct was procured by a false representation that such act was
 6 for a bona fide medical purpose.
 7 2. Conduct performed for a valid medical purpose does not violate the
 8 provisions of this section.
 9 Sexual abuse against a patient or client by a health care provider in
 10 the first degree is a class B felony.
 11 § 2. This act shall take effect immediately.

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