S T A T E O F N E W Y O R K
________________________________________________________________________
2833
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. FITZPATRICK, FINCH, CALHOUN, KOLB -- Multi-Spon-
sored by -- M. of A. McKEVITT, WALKER -- read once and referred to
the Committee on Health
AN ACT to amend the executive law, in relation to defining "incidental
exposure"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 621 of the executive law is amended by adding a
new subdivision 24 to read as follows:
24. "INCIDENTAL EXPOSURE" SHALL MEAN AN EXPOSURE, OTHER THAN CONSEN-
SUAL SEXUAL CONTACT OR SHARING HYPODERMIC NEEDLES OR SYRINGES, TO BLOOD
OR BODY FLUIDS WHICH WOULD PLACE AN EXPOSED PERSON AT SIGNIFICANT RISK
OF CONTRACTING HIV INFECTION IF THE BLOOD OR BODY FLUID WERE INFECTED
WITH HIV.
S 2. Subdivisions 1 and 2 of section 631 of the executive law, subdi-
vision 1 as amended by chapter 74 of the laws of 2007 and subdivision 2
as amended by chapter 162 of the laws of 2008, are amended to read as
follows:
1. No award shall be made unless the board or board member, as the
case may be, finds that (a) a crime was committed, (b) such crime
directly resulted in personal physical injury to, OR INCIDENTAL EXPOSURE
TO HIV, or the exacerbation of a preexisting disability, or condition,
or death of, the victim, and (c) criminal justice agency records show
that such crime was promptly reported to the proper authorities; and in
no case may an award be made where the criminal justice agency records
show that such report was made more than one week after the occurrence
of such crime unless the board, for good cause shown, finds the delay to
have been justified; provided, however, in cases involving an alleged
sex offense as contained in article one hundred thirty of the penal law
or incest as defined in section 255.25, 255.26 or 255.27 of the penal
law or labor trafficking as defined in section 135.35 of the penal law
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02982-01-9
A. 2833 2
or sex trafficking as defined in section 230.34 of the penal law or an
offense chargeable as a family offense as described in section eight
hundred twelve of the family court act or section 530.11 of the criminal
procedure law, the criminal justice agency report need only be made
within a reasonable time considering all the circumstances, including
the victim's physical, emotional and mental condition and family situ-
ation. For the purposes of this subdivision, "criminal justice agency"
shall include, but not be limited to, a police department, a district
attorney's office, and any other governmental agency having responsibil-
ity for the enforcement of the criminal laws of the state provided,
however, that in cases involving such sex offense a criminal justice
agency shall also mean a family court, a governmental agency responsible
for child and/or adult protective services pursuant to title six of
article six of the social services law and/or title one of article
nine-B of the social services law, and any medical facility established
under the laws of the state that provides a forensic physical examina-
tion for victims of rape and sexual assault.
2. Any award made pursuant to this article shall be in an amount not
exceeding out-of-pocket expenses, including indebtedness reasonably
incurred for medical or other services necessary as a result of the
injury upon which the claim is based; loss of earnings or support
resulting from such injury not to exceed thirty thousand dollars; burial
expenses not exceeding six thousand dollars of a victim who died as a
direct result of a crime; the costs of crime scene cleanup and securing
of a crime scene not exceeding twenty-five hundred dollars; reasonable
relocation expenses not exceeding twenty-five hundred dollars; and the
unreimbursed cost of repair or replacement of articles of essential
personal property lost, damaged or destroyed as a direct result of the
crime. An award for loss of earnings shall include earnings lost by a
parent or guardian as a result of the hospitalization of a child victim
under age eighteen for injuries sustained as a direct result of a crime.
In addition to the medical or other services necessary as a result of
the injury upon which the claim is based, an award may be made for reha-
bilitative occupational training for the purpose of job retraining or
similar employment-oriented rehabilitative services based upon the
claimant's medical and employment history. For the purpose of this
subdivision, rehabilitative occupational training shall include but not
be limited to educational training and expenses. An award for rehabili-
tative occupational training may be made to a victim, or to a family
member of a victim where necessary as a direct result of a crime. IN
CASES WHERE INCIDENTAL EXPOSURE HAS OCCURRED, THE VICTIMS WILL BE
COVERED FOR THE EXPENSES INCURRED AS THE RESULT OF AN APPROPRIATE HIV
DIAGNOSTIC TEST APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION TO
DETERMINE IF THEY CONTRACTED HIV.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.