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PRINTER'S NO. 2856
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2029
Session of
2019
INTRODUCED BY ISAACSON, HELM, DELLOSO, FRANKEL, HILL-EVANS,
HOWARD AND KINSEY, NOVEMBER 14, 2019
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 14, 2019
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in sexual offenses, providing for the offense of
fertility fraud; in particular rights and immunities,
providing for damages in actions for fertility fraud; and, in
registration of sexual offenders, further providing for
applicability, for sexual offenses and tier system and for
period of registration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3133. Fertility fraud.
(a) Offense defined.--A person commits an offense if:
(1) the person is a health care practitioner as defined
in section 103 of the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act;
(2) the person performs a fertility treatment on a
patient by using human reproductive material; and
(3) the person knowingly uses:
(i) the person's own human reproductive material
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without the informed written consent of the patient,
resulting in the birth of a child; or
(ii) the human reproductive material of another
person without the informed written consent of the
patient, resulting in the birth of a child.
(b) Grading.--An offense under subsection (a) constitutes a
felony of the third degree.
(c) Administrative penalty.--In addition to the penalty
imposed under subsection (b), a person who commits a violation
of subsection (a) shall be subject to permanent revocation of
the person's license to practice medicine in this Commonwealth
in accordance with applicable law.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Fertility treatment." A treatment or medical procedure
intended to increase the likelihood of or result in a person
successfully conceiving a child.
"Human reproductive material." A human spermatozoon or ovum
or a human organism at any stage of development from fertilized
ovum to embryo.
Section 2. Title 42 is amended by adding a section to read:
§ 8320.1. Damages in actions for fertility fraud.
(a) Right of action.--The patient, the patient's spouse or
surviving spouse or the patient's child may commence a civil
action against the person who commits a violation of 18 Pa.C.S.
§ 3133 (relating to fertility fraud).
(b) Limitations.--
(1) A civil action under this section must be commenced
no later than:
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(i) ten years after the 18th birthday of the child;
or
(ii) if subparagraph (i) does not apply, 20 years
after the fertility treatment was provided.
(2) Notwithstanding paragraph (1), a civil action under
this section may be commenced no later than five years after
the earliest of the date on which:
(i) the plaintiff first discovers evidence
sufficient to bring an action against the defendant
through DNA analysis;
(ii) the plaintiff first becomes aware of the
existence of a recording that provides evidence
sufficient to bring an action against the defendant; or
(iii) the defendant admits committing the offense
under 18 Pa.C.S. § 3133 to a law enforcement officer or
an appropriate court.
(c) Civil relief.--A plaintiff who prevails in an action
under 18 Pa.C.S. § 3133 is entitled to recover from the
defendant:
(1) Actual damages, including the costs of the fertility
treatment, but not less than liquidated damages in excess of
$10,000.
(2) Punitive damages.
(3) Reasonable attorney fees and other litigation costs
reasonably incurred.
(d) Construction.--Nothing in this section shall be
construed to prohibit an individual from pursuing any other
remedy provided by law.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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subsection unless the context clearly indicates otherwise:
"Fertility treatment." A treatment or medical procedure
intended to increase the likelihood of or result in a person
successfully conceiving a child.
"Human reproductive material." A human spermatozoon or ovum
or a human organism at any stage of development from fertilized
ovum to embryo.
Section 3. Section 9799.13 of Title 42 is amended by adding
a paragraph to read:
§ 9799.13. Applicability.
The following individuals shall register with the
Pennsylvania State Police as provided in sections 9799.15
(relating to period of registration), 9799.19 (relating to
initial registration) and 9799.25 (relating to verification by
sexual offenders and Pennsylvania State Police) and otherwise
comply with the provisions of this subchapter:
* * *
(10) An individual who has been convicted of fertility
fraud under 18 Pa.C.S. § 3133(a)(3)(i) (relating to fertility
fraud).
Section 4. Section 9799.14(b)(7) of Title 42 is amended to
read:
§ 9799.14. Sexual offenses and tier system.
* * *
(b) Tier I sexual offenses.--The following offenses shall be
classified as Tier I sexual offenses:
* * *
(7) [(Reserved).] 18 Pa.C.S. § 3133(a)(3)(i) (relating
to fertility fraud).
* * *
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Section 5. Section 9799.15(a) is amended by adding a
paragraph to read:
§ 9799.15. Period of registration.
(a) Period of registration.--Subject to subsection (c), an
individual specified in section 9799.13 (relating to
applicability) shall register with the Pennsylvania State Police
as follows:
* * *
(8) An individual subject to registration under section
9799.13(10) shall register for no less than five years but no
more than 10 years.
* * *
Section 6. This act shall take effect in 60 days.
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