Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Jun 02, 2009 |
held for consideration in codes |
Jan 15, 2009 |
referred to codes |
Assembly Bill A2217
2009-2010 Legislative Session
Sponsored By
CALHOUN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A2217 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add Art 165 §165.00, CP L; amd §60.35, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
A2825
2009-A2217 (ACTIVE) - Summary
Authorizes a court to order blood testing of defendants charged with violent felony offenses upon motion of the prosecutor with consent of the victim or upon motion of the victim where the victim has allegedly been exposed to blood or other bodily fluids of the defendant to be tested; requires the cost of such test to be borne, if convicted by the violent felony offender.
2009-A2217 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2217 2009-2010 Regular Sessions I N A S S E M B L Y January 15, 2009 ___________ Introduced by M. of A. CALHOUN, ALFANO, KOLB, BARRA -- Multi-Sponsored by -- M. of A. CONTE, CROUCH, ERRIGO, FINCH, TEDISCO -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the penal law, in relation to authorizing court ordered blood testing of violent felons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new arti- cle 165 to read as follows: ARTICLE 165--COURT AUTHORIZED BLOOD TESTING SECTION 165.00 COURT AUTHORIZATION FOR BLOOD TESTING OF CERTAIN OFFEN- DERS. S 165.00 COURT AUTHORIZATION FOR BLOOD TESTING OF CERTAIN OFFENDERS. 1. UPON MOTION OF THE PROSECUTOR WITH THE CONSENT OF THE VICTIM, OR UPON MOTION OF THE VICTIM, A SUPERIOR COURT MAY ORDER A DEFENDANT CHARGED WITH A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW, TO UNDERGO A BLOOD TEST FOR ANY TRANSMISSIBLE DISEASE WHERE THE VICTIM HAS ALLEGEDLY BEEN EXPOSED TO BLOOD OR OTHER BODY FLUIDS OF THE DEFENDANT, AND WHEN THERE IS REASONABLE CAUSE TO BELIEVE THAT SUCH EXPOSURE OCCURRED DURING THE COMMISSION OF A VIOLENT FELONY OFFENSE OR AS A PROXIMATE RESULT THERETO. 2. A TRANSMISSIBLE DISEASE SHALL INCLUDE: THE HUMAN IMMUNODEFICIENCY VIRUS (HIV) OR ANY OF ITS DERIVATIVES; ANY SEXUALLY TRANSMISSIBLE DISEASE INCLUDING BUT NOT LIMITED TO SYPHILIS, GONORRHEA, LYMPHOGRANULO- MA VENEREUM, HERPES AND GENITAL WARTS; HEPATITIS AND ANY OF ITS DERIVA- TIVES; AND ANY OTHER DISEASE WHICH THE COURT FINDS THE VICTIM COULD HAVE A REASONABLE EXPECTATION OF CONTRACTING FROM THE ALLEGED OFFENDER AS A RESULT OF THE ALLEGED EXPOSURE. 3. UPON RECEIVING AN APPLICATION FOR AN ORDER AUTHORIZING A BLOOD TEST PURSUANT TO THIS SECTION, THE COURT SHALL ENTER AN ORDER DIRECTING THAT ALL PLEADINGS, PAPERS, AFFIDAVITS, JUDGMENTS, ORDERS OF THE COURT, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02313-01-9
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