Assembly Bill A2217

2009-2010 Legislative Session

Authorizes a court to order blood testing of persons charged with violent felony offenses

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
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
              

Comments

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.