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Senate Bill S1908

2009-2010 Legislative Session

Allows sex offense victim to request indicted sex offender submit to HIV testing anytime between indictment and sentencing

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S1908 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง390.15, CP L
Versions Introduced in 2011-2012 Legislative Session:
S1795

2009-S1908 (ACTIVE) - Summary

Allows sex offense victim to request indicted sex offender submit to HIV testing anytime between indictment and sentencing.

2009-S1908 (ACTIVE) - Sponsor Memo

2009-S1908 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1908

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced by Sens. KLEIN, SAVINO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN  ACT  to amend the criminal procedure law, in relation to requirement
  of HIV related testing in certain cases

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (b)  of subdivision 1 of section 390.15 of the
criminal procedure law, as amended by chapter 264 of the laws  of  2003,
is amended to read as follows:
  (b)  For the purposes of this section, the terms "defendant", "INDICT-
MENT", "conviction" and "sentence" mean and  include,  respectively,  an
"eligible youth," a "youthful offender finding" and a "youthful offender
sentence"  as those terms are defined in section 720.10 of this chapter.
The term "victim" means the person with whom the defendant engaged in an
act of "sexual intercourse",  "oral  sexual  conduct"  or  "anal  sexual
conduct", as those terms are defined in section 130.00 of the penal law,
where  such  conduct  with such victim was the basis for the defendant's
INDICTMENT OR conviction of an offense specified  in  paragraph  (a)  of
this subdivision.
  S 2. Subdivision 2 of section 390.15 of the criminal procedure law, as
added by chapter 76 of the laws of 1995, is amended to read as follows:
  2.  Any request made by the victim pursuant to this section must be in
writing, filed with the court and provided by the court to the defendant
or his or her counsel. The request must be filed with the  court  [prior
to  or  within  ten  days]  after  entry of the defendant's [conviction;
provided that, for good cause shown, the court may permit  such  request
to be filed] INDICTMENT AND at any time before sentence is imposed.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05286-01-9

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