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

                                  5822

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by  M.  of  A.  HAYES, ALFANO, BARRA, CROUCH, FINCH, GIGLIO,
  RAIA, WALKER -- Multi-Sponsored by --  M.  of  A.  BACALLES,  BARCLAY,
  CALHOUN, KOLB, P. LOPEZ, McDONOUGH, MOLINARO, RABBITT, SAYWARD, TEDIS-
  CO, TOWNSEND -- read once and referred to the Committee on Codes

AN  ACT  to amend the criminal procedure law, in relation to HIV related
  testing of alleged rapists

  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
section 160.46 to read as follows:
S 160.46 HIV RELATED TESTING OF RAPE SUSPECTS.
  1. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (A)  "AIDS"  MEANS  ACQUIRED  IMMUNE  DEFICIENCY  SYNDROME,  AS MAY BE
DEFINED FROM TIME TO  TIME  BY  THE  CENTERS  FOR  DISEASE  CONTROL  AND
PREVENTION OF THE UNITED STATES PUBLIC HEALTH SERVICE.
  (B)  "HIV  INFECTION"  MEANS INFECTION WITH THE HUMAN IMMUNODEFICIENCY
VIRUS OR ANY OTHER RELATED VIRUS  IDENTIFIED  AS  A  PROBABLE  CAUSATIVE
AGENT OF AIDS.
  (C)  "HIV  RELATED  ILLNESS" MEANS ANY ILLNESS THAT MAY RESULT FROM OR
MAY BE ASSOCIATED WITH HIV INFECTION.
  (D) "HIV RELATED TEST" MEANS ANY LABORATORY TEST OR  SERIES  OF  TESTS
FOR  ANY  VIRUS, ANTIBODY, ANTIGEN OR ETIOLOGIC AGENT WHATSOEVER THOUGHT
TO CAUSE OR TO INDICATE THE PRESENCE OF AIDS.
  2. A POLICE OFFICER WHO MAKES AN ARREST FOR RAPE IN THE FIRST,  SECOND
OR  THIRD  DEGREE,  OR CRIMINAL SEXUAL ACT IN THE FIRST, SECOND OR THIRD
DEGREE ALL AS PROVIDED FOR IN ARTICLE ONE HUNDRED THIRTY  OF  THE  PENAL
LAW,  EITHER  WITH OR WITHOUT A WARRANT, SHALL, FOLLOWING SUCH ARREST OR
THE ARRAIGNMENT UPON A LOCAL CRIMINAL COURT ACCUSATORY INSTRUMENT  OF  A
DEFENDANT  WHOSE  COURT  ATTENDANCE  HAS BEEN SECURED BY A SUMMONS OR AN
APPEARANCE TICKET, CAUSE SUCH DEFENDANT TO BE IMMEDIATELY GIVEN  AN  HIV

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06834-01-9
              

A. 5822                             2

RELATED  TEST  TO  DETERMINE  IF  SUCH  DEFENDANT HAS HIV INFECTION, HIV
RELATED ILLNESS OR AIDS.
  3.  THE HIV RELATED TEST PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION
AND THE SUBMISSION OF AVAILABLE INFORMATION CONCERNING THE DEFENDANT AND
THE FACTS AND CIRCUMSTANCES OF THE CRIME CHARGED MUST BE  IN  ACCORDANCE
WITH THE RULES PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES.
  4.  THE  RESULTS OF AN HIV RELATED TEST PERFORMED PURSUANT TO SUBDIVI-
SION TWO OF THIS SECTION, SHALL, UPON REQUEST, BE MADE AVAILABLE TO  THE
VICTIM OR ALLEGED VICTIM OF SUCH CRIME AND TO THE DEFENDANT.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law; provided however, that
effective immediately, the addition, amendment and/or repeal of any rule
or  regulation necessary for the implementation of the foregoing section
of this act on its effective date is authorized and directed to be  made
and completed within 180 days after the date on which this act becomes a
law.