|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Jan 05, 2011||referred to codes|
senate Bill S745
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S745 - Details
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
BILL NUMBER:S745 TITLE OF BILL: 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 persons PURPOSE: Creates the crime of reckless endangerment of the public health for recklessly transmitting HIV/AIDS. SUMMARY OF PROVISIONS: The Penal Law is amended by creating the crime of reckless endangerment of the public health in the first and second degree as class B and C felony offenses. This legislation also creates a class E felony for providing false information or statement regarding HIV status to a health care provider. The Criminal Procedure Law is amended to require any defendant arrested or arraigned for any crime set forth in article one hundred thirty or
S745 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 745 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. YOUNG, BONACIC, DeFRANCISCO, NOZZOLIO, RANZENHOFER -- 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 persons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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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