senate Bill S2189
(R, C, IP) 57th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Creates crimes of reckless endangerment of public health with respect to HIV/AIDS transmission; creates crime of filing false instrument with respect to HIV/AIDS; provides for HIV/AIDS testing for alleged sex offenders and public health offenders; provides for contagious disease testing for persons in the custody of the department of corrections; provides that if an inmate tests positive notice shall be given to all employees that will have contact with such inmate.
- Legislative Cycle:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§10.00 & 70.25, add §§120.26, 120.27, 120.28 & 170.36, Pen L; amd §1.20, add §160.46, CP L; amd §§71 & 141, add §141-a, Cor L
- Versions Introduced in Previous Legislative Cycles:
TITLE OF BILL: An act to amend the penal law, the criminal procedure
law and the correction law, in relation to criminalizing the reckless
transmission of HIV/AIDS and to require testing for AIDS and HIV for
PURPOSE: Creates the crime of reckless endangerment of the public
health for recklessly transmitting HIV/AIDS.
SUMMARY OF PROVISIONS: The Penal Law is amended by cleating the crime
of reckless endangerment of the public health in the first and second
degree as class B and C felony offenses. This legislation also creates a
class E felony for providing false information or statement regarding
HIV status to a health care provider.
The Criminal Procedure Law is amended to require any defendant arrested
or arraigned for any crime set for in article one hundred thirty or
section 120.26 or 120.27 of the penal law to be tested for the HIV
virus. The results of such testing would, upon request, be made avail-
able to the defendant's alleged victim.
The Correction Law is amended to require that all currently incarcerated
persons and persons newly entering a correctional facility be tested for
the HIV virus. This bill also provides that upon the diagnoses of an
inmate that has symptoms of AIDS, notice of such diagnosis shall be
provided to persons involved in the supervision and care of the inmate.
JUSTIFICATION: The announcement in the fall of 1997 that Nushawn
Williams had been informed of his HIV-positive status but continued to
have unprotected sex with young women in Chautauqua County shocked the
State and, indeed, the nation. Nushawn Williams is directly responsible
for infecting nine girls and women, and possibly as many as twenty-eight
persons. Given these facts and the possibility of more persons acting
like Williams throughout the State, this bill seeks to bring New York's
current law of strict confidentiality for HIV related information in
line with responsible policy designed to prevent the transmission of HIV
and to protect as many New Yorkers as possible from getting this horri-
While this bill retains nearly all of the existing confidentiality
provisions for the protection of HIV infected persons, it allows for
criminal investigation and prosecution of those persons who chose to act
irresponsibly with regard to their HIV status. HIV/AIDS is a deadly
disease for which there currently is no cure. When an HIV infected
person, who is aware of their status as such, acts in a manner that
recklessly places other unknowing persons in a position to contract the
disease, they should be severely punished.
Likewise, when a person commits an act that endangers the public health
or is considered a sex offense as currently defined in the Penal Law, we
need to be able to test the alleged offenders in a timely manner. Many
of the treatments that are currently available for HIV are most effec-
tive if administered as close as possible to the transmission date. The
victims have a right to know the HIV status of their offender in order
to procure the most effective health care. It is in the same preventa-
tive vein that this bill calls for the testing of all currently incar-
cerated persons. Sensible, and sufficient health care, and education can
best be provided when the HIV status of these individuals is known. In
addition, employees of the correctional facilities, who are required to
supervise and care for the infected inmates, have a right to know of the
potential health risks.
LEGISLATIVE HISTORY: 2011, 2012: S.745/A.1908 Referred to Codes 2009,
2010: S.3407/A.4939 Referred to Codes 2007, 2008: S.387/A.2707 Referred
to Codes 2006: S.6268 Referred to Codes 2005: A.5697 Referred to Health
2003, 2004: A.4787 Held in Health
FISCAL IMPLICATIONS: $1.6 million to the State.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first day of January
next succeeding the date on which it shall have become law; provided
however, that sections three, four and five of this act shall take
effect on the first day of November next succeeding the date on which it
shall have become a law; and provided, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of the foregoing sections of this act on their
effective date are authorized and directed to be made and completed
within 180 days after the date on which this act shall have become a
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.