S T A T E O F N E W Y O R K
________________________________________________________________________
11200
I N A S S E M B L Y
May 1, 2026
___________
Introduced by M. of A. SIMONE -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to HIV testing
in certain criminal cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 210.16 of the criminal procedure
law, as added by chapter 571 of the laws of 2007, is amended to read as
follows:
6. The court shall conduct a hearing only if necessary to determine if
the applicant is the victim of the offense of which the defendant is
charged or to determine whether a follow-up test is medically appropri-
ate. The court ordered test must be performed within forty-eight hours
of the date on which the [court ordered the test] ACCUSATORY INSTRUMENT
WAS FILED, provided, however, that whenever the defendant is not tested
within the period prescribed by the court, the court must again order
that the defendant undergo an HIV related test. The defendant shall be
advised of information as to HIV testing and medical treatment in
accordance with any guidelines that may be issued by the commissioner of
health.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04148-01-5
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.