senate Bill S745

2011-2012 Legislative Session

Creates the crime of reckless endangerment of the public health for recklessly transmitting HIV/AIDS

download bill text pdf

Sponsored By

Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes


view additional co-sponsors

S745 - Details

See Assembly Version of this Bill:
Law Section:
Penal Law
Laws Affected:
Amd §§10.00 & 70.25, add §§120.26, 120.27, 120.28 & 170.36, Pen L; amd §1.20, add §160.46, CP L; amd §§71 & 141, add §141-a, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S3407, A4939

S745 - Summary

Creates crimes of reckless endangerment of public health with respect to HIV/AIDS transmission; creates crime of filing false instrument with respect to HIV/AIDS; provides for HIV/AIDS testing for alleged sex offenders and public health offenders; provides for contagious disease testing for persons in the custody of the department of corrections (view more) provides that if an inmate tests positive notice shall be given to all employees that will have contact with such inmate.

S745 - Sponsor Memo

S745 - Bill Text download pdf

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


                       2011-2012 Regular Sessions

                            I N  S E N A T E


                             January 5, 2011

  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Codes

AN ACT to amend the penal  law,  the  criminal  procedure  law  and  the
  correction law, in relation to criminalizing the reckless transmission
  of  HIV/AIDS  and  to  require  testing  for  AIDS and HIV for certain


  Section  1.   Legislative intent.  The legislature finds that HIV/AIDS
infection poses a serious threat to the public health of all New Yorkers
whenever HIV/AIDS infected persons act in a manner which  is  likely  to
spread  this  horrible disease to other persons.  When HIV/AIDS infected
persons commit such actions as having unprotected sex or sharing needles
without the consent of their partners, they endanger the  public  health
and frustrate the efforts of health officials to contain and, hopefully,
reverse the spread of HIV/AIDS.
  The  legislature  further  finds that in order to allow the victims of
alleged sex crimes or crimes which endanger their health to  obtain  the
most  effective health care treatment, the HIV status of their offenders
must be determined.
  The legislature further finds that the increasing reports of  acquired
immune  deficiency  syndrome, human immunodeficiency virus, tuberculosis
and hepatitis in state correctional facilities have reached an  alarming
level.  These inmates and others who may have an undiagnosed case of any
of these syndromes, diseases or viruses are extremely detrimental to the
health,  safety  and  welfare of the correction officers and other staff
who work in such facilities as well  as  inmates  who  are  incarcerated
therein.    In order to maintain proper security and working conditions,
the  legislature  hereby  declares  that  all  inmates  presently  under

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


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