S T A T E O F N E W Y O R K
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6605
2009-2010 Regular Sessions
I N A S S E M B L Y
March 6, 2009
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Introduced by M. of A. BARRA, ERRIGO -- read once and referred to the
Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to requiring a
physician's examination and serological test of all persons applying
for a marriage license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The domestic relations law is amended by adding a new
section 13-a to read as follows:
S 13-A. PHYSICIAN'S EXAMINATION AND SEROLOGICAL TEST OF APPLICANT FOR
MARRIAGE LICENSE. 1. EXCEPT AS HEREIN OTHERWISE PROVIDED, NO APPLICATION
FOR A MARRIAGE LICENSE SHALL BE ACCEPTED BY THE TOWN OR CITY CLERK
UNLESS ACCOMPANIED BY OR UNLESS THERE SHALL HAVE BEEN FILED WITH HIM A
STATEMENT OR STATEMENTS SIGNED BY A DULY LICENSED PHYSICIAN OR BY A
COMMISSIONED MEDICAL OFFICER OF THE ARMY, NAVY OR PUBLIC HEALTH SERVICE
OF THE UNITED STATES THAT EACH APPLICANT HAS BEEN GIVEN SUCH EXAMINA-
TION, INCLUDING A STANDARD SEROLOGICAL TEST, AS MAY BE NECESSARY FOR THE
DISCOVERY OF A SEXUALLY TRANSMISSIBLE DISEASE INCLUDING, BUT NOT LIMITED
TO, ACQUIRED IMMUNE DEFICIENCY SYNDROME MADE ON A DAY SPECIFIED IN THE
STATEMENT, WHICH SHALL BE NOT MORE THAN THE THIRTIETH DAY PRIOR TO THAT
ON WHICH THE LICENSE IS APPLIED FOR. IF IN THE OPINION OF THE PHYSICIAN
THE PERSON NAMED THEREIN IS INFECTED WITH A SEXUALLY TRANSMISSIBLE
DISEASE INCLUDING, BUT NOT LIMITED TO, ACQUIRED IMMUNE DEFICIENCY
SYNDROME, THE TOWN OR CITY CLERK SHALL ACCEPT THE APPLICATION NOTWITH-
STANDING THIS FACT PROVIDED THE OTHER REQUIREMENTS SET FORTH IN THIS
ARTICLE RELATING TO THE ACCEPTANCE OF AN APPLICATION FOR A MARRIAGE
LICENSE ARE MET.
2. BECAUSE OF EMERGENCY OR OTHER CAUSE SHOWN BY AFFIDAVIT OR OTHER
PROOF, A JUSTICE OF THE SUPREME COURT OR THE COUNTY JUDGE OF THE COUNTY
IN WHICH THE WOMAN RESIDES, OR, IF SUCH WOMAN IS BETWEEN FOURTEEN AND
SIXTEEN YEARS OF AGE, THE JUDGE OF THE FAMILY COURT OF SUCH COUNTY, IF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09912-01-9
A. 6605 2
SATISFIED THAT THE PUBLIC HEALTH AND WELFARE WILL NOT BE INJURIOUSLY
AFFECTED THEREBY, MAY MAKE AN ORDER, IN HIS DISCRETION, ON JOINT APPLI-
CATION OF BOTH OF THE PARTIES DESIRING THE MARRIAGE LICENSE, DISPENSING
WITH THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION AS TO EITHER OR
BOTH OF THE PARTIES, INCLUDING THE LABORATORY STATEMENT SPECIFIED BELOW,
OR, THE STATEMENT OR STATEMENTS PROVIDED FOR BY SUCH SUBDIVISION HAVING
BEEN FILED, EXTENDING THE THIRTY-DAY PERIOD FOLLOWING THE EXAMINATION
AND TEST TO NOT LATER THAN A DAY SPECIFIED, WHICH, HOWEVER, SHALL BE NOT
MORE THAN NINETY DAYS AFTER THE EXAMINATION AND TEST. THE ORDER SHALL BE
ACCOMPANIED BY A MEMORANDUM IN WRITING OF THE JUDGE OR JUSTICE RECITING
HIS REASONS FOR GRANTING THE ORDER. APPLICATION FOR SUCH EXTENSION MAY
BE MADE BEFORE, ON OR AFTER THE EXPIRATION OF SUCH THIRTY-DAY PERIOD.
THE ORDER, AND THE ACCOMPANYING MEMORANDUM, SHALL BE FILED WITH THE TOWN
OR CITY CLERK, AND HE THEN SHALL ACCEPT AND CONSIDER APPLICATION FOR THE
MARRIAGE LICENSE WITHOUT PRODUCTION OR FILING OF ANY OF THE PHYSICIANS'
STATEMENTS DISPENSED WITH BY THE ORDER, OR SHALL ACCEPT AND CONSIDER THE
APPLICATION WITHIN ANY SUCH EXTENDED PERIOD, AS THE CASE MAY BE. THE
CLERK SHALL HOLD SUCH MEMORANDUM OF A JUDGE OR JUSTICE IN ABSOLUTE
CONFIDENCE.
3. EACH PHYSICIAN'S STATEMENT SHALL INCLUDE THE NAME AND ADDRESS OF
THE APPLICANT, A STATEMENT THAT A SEROLOGICAL TEST FOR A SEXUALLY TRAN-
SMISSIBLE DISEASE INCLUDING, BUT NOT LIMITED TO, ACQUIRED IMMUNE DEFI-
CIENCY SYNDROME WAS PERFORMED, THE DATE UPON WHICH THE SPECIMEN WAS
TAKEN AND THE NAME AND LOCATION OF THE LABORATORY IN WHICH SUCH TEST WAS
MADE. THE RESULT OF THE SEROLOGICAL TEST SHALL NOT BE INCLUDED IN SUCH
STATEMENT. THE APPLICANT SHALL SIGN HIS OR HER NAME ON THIS FORM. UPON A
SEPARATE FORM A DETAILED REPORT OF THE LABORATORY TEST, SHOWING THE
RESULT OF THE TEST, SHALL BE TRANSMITTED BY THE LABORATORY TO THE PHYSI-
CIAN, AND A COPY OF THIS REPORT WHEN POSITIVE SHALL BE SUBMITTED TO THE
DISTRICT STATE HEALTH OFFICER, OR, IN A CITY OF OVER FIFTY THOUSAND IN
POPULATION, OR IN A COUNTY HEALTH DISTRICT, TO THE DEPARTMENT OF HEALTH
OF SUCH CITY, OR COUNTY AS THE CASE MAY BE, AND IT SHALL BE HELD IN
ABSOLUTE CONFIDENCE AND SHALL NOT BE OPEN TO PUBLIC INSPECTION; PROVIDED
THAT IT SHALL BE PRODUCED FOR EVIDENCE AT A TRIAL OR PROCEEDING IN A
COURT OF COMPETENT JURISDICTION, INVOLVING ISSUES IN WHICH IT MAY BE
MATERIAL AND RELEVANT, ON AN ORDER OF A JUSTICE OR JUDGE OF SUCH COURT
REQUIRING ITS PRODUCTION.
4. A STANDARD SEROLOGICAL TEST SHALL BE A LABORATORY TEST FOR A SEXU-
ALLY TRANSMISSIBLE DISEASE INCLUDING, BUT NOT LIMITED TO, ACQUIRED
IMMUNE DEFICIENCY SYNDROME APPROVED BY THE STATE COMMISSIONER OF HEALTH
AND SHALL BE PERFORMED BY THE STATE DEPARTMENT OF HEALTH, OR IN THE CITY
OF NEW YORK BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF SUCH CITY,
OR AT A LABORATORY APPROVED FOR THIS PURPOSE BY THE STATE DEPARTMENT OF
HEALTH OR, IN THE CITY OF NEW YORK, BY THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE OF SUCH CITY.
5. ANY APPLICANT FOR MARRIAGE LICENSE, ANY PHYSICIAN OR ANY REPRESEN-
TATIVE OF A LABORATORY WHO SHALL MISREPRESENT ANY OF THE FACTS CALLED
FOR BY THE PHYSICIAN'S STATEMENT AND THE LABORATORY REPORT OR STATEMENT,
OR ANY DISTRICT STATE HEALTH OFFICER OR HIS EMPLOYEE OR ANY EMPLOYEE OR
OFFICIAL OF A DEPARTMENT OF HEALTH WHO SHALL NOT HOLD THE LABORATORY
RECORD CONFIDENTIAL, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS
SECTION WITH RESPECT TO ITS PRODUCTION FOR EVIDENCE ON ORDER OF A
JUSTICE OR JUDGE, OR ANY TOWN OR CITY CLERK OR HIS DEPUTY OR EMPLOYEE
WHO SHALL NOT HOLD IN STRICTEST CONFIDENCE THE STATEMENT FILED WITH HIM
AS TO THE REASONS FOR THE GRANTING OF AN ORDER UNDER SUBDIVISION TWO OF
THIS SECTION, SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND PUNISHABLE
A. 6605 3
ACCORDINGLY. THE PROVISIONS OF SECTION TWENTY-TWO OF THIS ARTICLE SHALL
NOT APPLY TO THE PUNISHMENT FOR OFFENSES SPECIFIED IN THIS SUBDIVISION.
6. NOTHING IN THIS SECTION SHALL IMPAIR OR AFFECT EXISTING LAWS, OR
RULES, REGULATIONS OR CODES MADE BY AUTHORITY OF LAW, RELATIVE TO THE
REPORTING OF CASES OF A SEXUALLY TRANSMISSIBLE DISEASE INCLUDING, BUT
NOT LIMITED TO, ACQUIRED IMMUNE DEFICIENCY SYNDROME DISCOVERED BY PHYSI-
CIANS.
7. IN THE EVENT A COUPLE ALREADY LEGALLY MARRIED APPLIES FOR A
MARRIAGE LICENSE FOR AN ADDITIONAL CEREMONY, THE PROVISIONS OF THIS
SECTION REQUIRING A SEROLOGICAL TEST AND THE RELATED STATEMENT OF A
PHYSICIAN OR MEDICAL OFFICER AND THE PROVISIONS OF SECTION THIRTEEN-B OF
THIS ARTICLE SHALL NOT APPLY AND SHALL BE DISREGARDED BY THE CITY OR
TOWN CLERK. SECTIONS THIRTEEN AND FIFTEEN OF THIS ARTICLE, HOWEVER,
SHALL APPLY TO THE ISSUANCE OF SUCH A LICENSE, EXCEPT THAT SUCH CLERK
SHALL NOTE ON THE LICENSE ISSUED BY HIM THE FOLLOWING: "THIS LICENSE IS
TO BE USED ONLY FOR THE PURPOSES OF A SECOND OR SUBSEQUENT MARRIAGE
CEREMONY."
S 2. This act shall take effect immediately.