S T A T E O F N E W Y O R K ________________________________________________________________________ 3033 2013-2014 Regular Sessions I N S E N A T E January 28, 2013 ___________ Introduced by Sen. SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to criminalizing acting as a runner or soliciting or employ- ing a runner to procure patients or clients THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 176.00 of the penal law is amended by adding four 2 new subdivisions 6, 7, 8 and 9 to read as follows: 3 6. "PROVIDER" MEANS AN ATTORNEY, A HEALTH CARE PROFESSIONAL, AN OWNER 4 OR OPERATOR OF A HEALTH CARE PRACTICE OR FACILITY, ANY PERSON WHO 5 CREATES THE IMPRESSION THAT HE OR SHE, OR HIS OR HER PRACTICE CAN 6 PROVIDE LEGAL OR HEALTH CARE SERVICES, ANY PERSON EMPLOYED OR ACTING ON 7 BEHALF OF ANY SUCH PERSON, OR ANY PERSON PROVIDING MANAGEMENT OR 8 CONSULTING SERVICES TO ANY SUCH PERSON. 9 7. "PUBLIC MEDIA" MEANS TELEPHONE DIRECTORIES, PROFESSIONAL DIRECTO- 10 RIES, NEWSPAPERS AND OTHER PERIODICALS, RADIO AND TELEVISION, BILL- 11 BOARDS, AND MAILED OR ELECTRONICALLY TRANSMITTED WRITTEN COMMUNICATIONS 12 THAT DO NOT INVOLVE DIRECT CONTACT WITH A SPECIFIC PROSPECTIVE CLIENT, 13 PATIENT, OR CUSTOMER. 14 8. "RUNNER" MEANS A PERSON WHO, FOR A PECUNIARY BENEFIT, PROCURES OR 15 ATTEMPTS TO PROCURE A CLIENT, PATIENT OR CUSTOMER AT THE DIRECTION OF, 16 REQUEST OF OR IN COOPERATION WITH A PROVIDER WHOSE PURPOSE IS TO SEEK TO 17 OBTAIN BENEFITS UNDER A CONTRACT OF INSURANCE OR ASSERT A CLAIM AGAINST 18 AN INSURED OR AN INSURANCE CARRIER FOR PROVIDING SERVICES TO THE CLIENT, 19 PATIENT OR CUSTOMER, OR TO OBTAIN BENEFITS UNDER OR ASSERT A CLAIM 20 AGAINST A STATE OR FEDERAL HEALTH CARE BENEFITS PROGRAM OR PRESCRIPTION 21 DRUG ASSISTANCE PROGRAM. "RUNNER" SHALL NOT INCLUDE (A) A PERSON WHO 22 PROCURES OR ATTEMPTS TO PROCURE CLIENTS, PATIENTS OR CUSTOMERS FOR A 23 PROVIDER THROUGH PUBLIC MEDIA; (B) A PERSON WHO REFERS CLIENTS, PATIENTS 24 OR CUSTOMERS AS OTHERWISE AUTHORIZED BY LAW; OR (C) A PERSON WHO, AS AN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08465-01-3 S. 3033 2 1 AGENT, BROKER OR EMPLOYEE OF A HEALTH MAINTENANCE ORGANIZATION AS 2 DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THE PUBLIC HEALTH LAW, 3 SEEKS TO SELL HEALTH MAINTENANCE ORGANIZATION COVERAGE OR HEALTH INSUR- 4 ANCE COVERAGE TO AN INDIVIDUAL OR GROUP. 5 9. "PECUNIARY BENEFIT" MEANS GOODS, MONEY, PROPERTY, SERVICES OR 6 ANYTHING OF VALUE, OR AN AGREEMENT TO CONFER OR RECEIVE ANY SUCH GOODS, 7 MONEY, PROPERTY, SERVICES, OR THING OF VALUE. 8 S 2. The penal law is amended by adding three new sections 176.75, 9 176.80 and 176.85 to read as follows: 10 S 176.75 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE 11 THIRD DEGREE. 12 A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR 13 CUSTOMERS IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY: 14 1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS; OR 15 2. USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ANOTHER PERSON TO ACT AS 16 A RUNNER ON ONE OR MORE OCCASIONS. 17 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE THIRD 18 DEGREE IS A CLASS A MISDEMEANOR. 19 S 176.80 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE 20 SECOND DEGREE. 21 A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR 22 CUSTOMERS IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY: 23 1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT 24 THAT IN THE AGGREGATE EXCEEDS TWO THOUSAND FIVE HUNDRED DOLLARS IN VALUE 25 OR ACTS AS A RUNNER ON FIVE OR MORE OCCASIONS; OR 26 2. USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO 27 ACT AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT THAT IN 28 THE AGGREGATE EXCEEDS TWO THOUSAND FIVE HUNDRED DOLLARS IN VALUE OR 29 USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO ACT AS 30 A RUNNER ON FIVE OR MORE OCCASIONS. 31 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE SECOND 32 DEGREE IS A CLASS E FELONY. 33 S 176.85 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE 34 FIRST DEGREE. 35 A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR 36 CUSTOMERS IN THE FIRST DEGREE WHEN HE OR SHE KNOWINGLY: 37 1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT 38 THAT IN THE AGGREGATE EXCEEDS FIVE THOUSAND DOLLARS IN VALUE OR ACTS AS 39 A RUNNER ON TEN OR MORE OCCASIONS; OR 40 2. USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO 41 ACT AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT THAT IN 42 THE AGGREGATE EXCEEDS FIVE THOUSAND DOLLARS OR USES, SOLICITS, DIRECTS, 43 HIRES OR EMPLOYS ONE OR MORE PERSONS TO ACT AS A RUNNER ON TEN OR MORE 44 OCCASIONS. 45 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE FIRST 46 DEGREE IS A CLASS D FELONY. 47 S 3. Paragraph (a) of subdivision 1 of section 460.10 of the penal 48 law, as amended by chapter 405 of the laws of 2010, is amended to read 49 as follows: 50 (a) Any of the felonies set forth in this chapter: sections 120.05, 51 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat- 52 ing to strangulation; sections 125.10 to 125.27 relating to homicide; 53 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 54 135.25 relating to kidnapping; section 135.35 relating to labor traf- 55 ficking; section 135.65 relating to coercion; sections 140.20, 140.25 56 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12 S. 3033 3 1 relating to criminal mischief; article one hundred fifty relating to 2 arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand 3 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health 4 care fraud; article one hundred sixty relating to robbery; sections 5 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of 6 stolen property; sections 165.72 and 165.73 relating to trademark coun- 7 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 8 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 9 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 10 176.30 relating to insurance fraud; SECTIONS 176.80 AND 176.85 RELATING 11 TO UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS; sections 12 178.20 and 178.25 relating to criminal diversion of prescription medica- 13 tions and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 14 180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 15 200.22, 200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery; 16 sections 187.10, 187.15, 187.20 and 187.25 relating to residential mort- 17 gage fraud, sections 190.40 and 190.42 relating to criminal usury; 18 section 190.65 relating to schemes to defraud; sections 205.60 and 19 205.65 relating to hindering prosecution; sections 210.10, 210.15, and 20 215.51 relating to perjury and contempt; section 215.40 relating to 21 tampering with physical evidence; sections 220.06, 220.09, 220.16, 22 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 23 220.60 and 220.77 relating to controlled substances; sections 225.10 and 24 225.20 relating to gambling; sections 230.25, 230.30, and 230.32 relat- 25 ing to promoting prostitution; section 230.34 relating to sex traffick- 26 ing; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity; 27 sections 263.10 and 263.15 relating to promoting a sexual performance by 28 a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the 29 provisions of section 265.10 which constitute a felony relating to 30 firearms and other dangerous weapons; and sections 265.14 and 265.16 31 relating to criminal sale of a firearm; and section 275.10, 275.20, 32 275.30, or 275.40 relating to unauthorized recordings; and sections 33 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or 34 S 4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 35 procedure law, as amended by chapter 405 of the laws of 2010, is amended 36 to read as follows: 37 (b) Any of the following felonies: assault in the second degree as 38 defined in section 120.05 of the penal law, assault in the first degree 39 as defined in section 120.10 of the penal law, reckless endangerment in 40 the first degree as defined in section 120.25 of the penal law, promot- 41 ing a suicide attempt as defined in section 120.30 of the penal law, 42 strangulation in the second degree as defined in section 121.12 of the 43 penal law, strangulation in the first degree as defined in section 44 121.13 of the penal law, criminally negligent homicide as defined in 45 section 125.10 of the penal law, manslaughter in the second degree as 46 defined in section 125.15 of the penal law, manslaughter in the first 47 degree as defined in section 125.20 of the penal law, murder in the 48 second degree as defined in section 125.25 of the penal law, murder in 49 the first degree as defined in section 125.27 of the penal law, abortion 50 in the second degree as defined in section 125.40 of the penal law, 51 abortion in the first degree as defined in section 125.45 of the penal 52 law, rape in the third degree as defined in section 130.25 of the penal 53 law, rape in the second degree as defined in section 130.30 of the penal 54 law, rape in the first degree as defined in section 130.35 of the penal 55 law, criminal sexual act in the third degree as defined in section 56 130.40 of the penal law, criminal sexual act in the second degree as S. 3033 4 1 defined in section 130.45 of the penal law, criminal sexual act in the 2 first degree as defined in section 130.50 of the penal law, sexual abuse 3 in the first degree as defined in section 130.65 of the penal law, 4 unlawful imprisonment in the first degree as defined in section 135.10 5 of the penal law, kidnapping in the second degree as defined in section 6 135.20 of the penal law, kidnapping in the first degree as defined in 7 section 135.25 of the penal law, labor trafficking as defined in section 8 135.35 of the penal law, custodial interference in the first degree as 9 defined in section 135.50 of the penal law, coercion in the first degree 10 as defined in section 135.65 of the penal law, criminal trespass in the 11 first degree as defined in section 140.17 of the penal law, burglary in 12 the third degree as defined in section 140.20 of the penal law, burglary 13 in the second degree as defined in section 140.25 of the penal law, 14 burglary in the first degree as defined in section 140.30 of the penal 15 law, criminal mischief in the third degree as defined in section 145.05 16 of the penal law, criminal mischief in the second degree as defined in 17 section 145.10 of the penal law, criminal mischief in the first degree 18 as defined in section 145.12 of the penal law, criminal tampering in the 19 first degree as defined in section 145.20 of the penal law, arson in the 20 fourth degree as defined in section 150.05 of the penal law, arson in 21 the third degree as defined in section 150.10 of the penal law, arson in 22 the second degree as defined in section 150.15 of the penal law, arson 23 in the first degree as defined in section 150.20 of the penal law, grand 24 larceny in the fourth degree as defined in section 155.30 of the penal 25 law, grand larceny in the third degree as defined in section 155.35 of 26 the penal law, grand larceny in the second degree as defined in section 27 155.40 of the penal law, grand larceny in the first degree as defined in 28 section 155.42 of the penal law, health care fraud in the fourth degree 29 as defined in section 177.10 of the penal law, health care fraud in the 30 third degree as defined in section 177.15 of the penal law, health care 31 fraud in the second degree as defined in section 177.20 of the penal 32 law, health care fraud in the first degree as defined in section 177.25 33 of the penal law, robbery in the third degree as defined in section 34 160.05 of the penal law, robbery in the second degree as defined in 35 section 160.10 of the penal law, robbery in the first degree as defined 36 in section 160.15 of the penal law, unlawful use of secret scientific 37 material as defined in section 165.07 of the penal law, criminal 38 possession of stolen property in the fourth degree as defined in section 39 165.45 of the penal law, criminal possession of stolen property in the 40 third degree as defined in section 165.50 of the penal law, criminal 41 possession of stolen property in the second degree as defined by section 42 165.52 of the penal law, criminal possession of stolen property in the 43 first degree as defined by section 165.54 of the penal law, trademark 44 counterfeiting in the second degree as defined in section 165.72 of the 45 penal law, trademark counterfeiting in the first degree as defined in 46 section 165.73 of the penal law, forgery in the second degree as defined 47 in section 170.10 of the penal law, forgery in the first degree as 48 defined in section 170.15 of the penal law, criminal possession of a 49 forged instrument in the second degree as defined in section 170.25 of 50 the penal law, criminal possession of a forged instrument in the first 51 degree as defined in section 170.30 of the penal law, criminal 52 possession of forgery devices as defined in section 170.40 of the penal 53 law, falsifying business records in the first degree as defined in 54 section 175.10 of the penal law, tampering with public records in the 55 first degree as defined in section 175.25 of the penal law, offering a 56 false instrument for filing in the first degree as defined in section S. 3033 5 1 175.35 of the penal law, issuing a false certificate as defined in 2 section 175.40 of the penal law, UNLAWFUL PROCUREMENT OF CLIENTS, 3 PATIENTS OR CUSTOMERS IN THE SECOND DEGREE AS DEFINED IN SECTION 176.80 4 OF THE PENAL LAW, UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS 5 IN THE FIRST DEGREE AS DEFINED IN SECTION 176.85 OF THE PENAL LAW, crim- 6 inal diversion of prescription medications and prescriptions in the 7 second degree as defined in section 178.20 of the penal law, criminal 8 diversion of prescription medications and prescriptions in the first 9 degree as defined in section 178.25 of the penal law, residential mort- 10 gage fraud in the fourth degree as defined in section 187.10 of the 11 penal law, residential mortgage fraud in the third degree as defined in 12 section 187.15 of the penal law, residential mortgage fraud in the 13 second degree as defined in section 187.20 of the penal law, residential 14 mortgage fraud in the first degree as defined in section 187.25 of the 15 penal law, escape in the second degree as defined in section 205.10 of 16 the penal law, escape in the first degree as defined in section 205.15 17 of the penal law, absconding from temporary release in the first degree 18 as defined in section 205.17 of the penal law, promoting prison contra- 19 band in the first degree as defined in section 205.25 of the penal law, 20 hindering prosecution in the second degree as defined in section 205.60 21 of the penal law, hindering prosecution in the first degree as defined 22 in section 205.65 of the penal law, sex trafficking as defined in 23 section 230.34 of the penal law, criminal possession of a weapon in the 24 third degree as defined in subdivisions two, three and five of section 25 265.02 of the penal law, criminal possession of a weapon in the second 26 degree as defined in section 265.03 of the penal law, criminal 27 possession of a weapon in the first degree as defined in section 265.04 28 of the penal law, manufacture, transport, disposition and defacement of 29 weapons and dangerous instruments and appliances defined as felonies in 30 subdivisions one, two, and three of section 265.10 of the penal law, 31 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 32 of weapons as defined in subdivision two of section 265.35 of the penal 33 law, relating to firearms and other dangerous weapons, or failure to 34 disclose the origin of a recording in the first degree as defined in 35 section 275.40 of the penal law; 36 S 5. This act shall take effect on the first of November next succeed- 37 ing the date upon which it shall have become a law.