S T A T E O F N E W Y O R K
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5614
2011-2012 Regular Sessions
I N A S S E M B L Y
February 24, 2011
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Introduced by M. of A. HAYES, CROUCH, FINCH, GIGLIO, RAIA, McLAUGHLIN --
Multi-Sponsored by -- M. of A. BARCLAY, CALHOUN, DUPREY, JORDAN, KOLB,
P. LOPEZ, McDONOUGH, MOLINARO, OAKS, PALMESANO, RABBITT, SAYWARD,
TEDISCO -- 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.
LBD09711-01-1
A. 5614 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.