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Assembly Bill A7796

2013-2014 Legislative Session

Provides for medical examination of certain arrested persons

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Archive: Last Bill Status - In Assembly Committee

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2013-A7796 (ACTIVE) - Details

See Senate Version of this Bill:
S5128
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง160.47, CP L

2013-A7796 (ACTIVE) - Summary

Provides for medical examination of persons arrested for crimes where a public protection official has been exposed to HIV or hepatitis.

2013-A7796 (ACTIVE) - Bill Text download pdf

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

                                  7796

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2013
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend the criminal procedure law, in relation to permitting
  medical examinations of certain persons arrested for criminal offenses

  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 160.47 to read as follows:
S 160.47 MEDICAL EXAMINATIONS OF CERTAIN PERSONS ARRESTED  FOR  CRIMINAL
           OFFENSES.
  1.  WHENEVER  A  PUBLIC PROTECTION OFFICIAL HAS BEEN EXPOSED TO BODILY
FLUIDS THROUGH CONTACT WITH AN ARRESTED PERSON WHILE PERFORMING  HIS  OR
HER  OFFICIAL  DUTIES,  A  LOCAL CRIMINAL COURT SHALL, AT THE REQUEST OF
SUCH PUBLIC PROTECTION OFFICIAL, ORDER AN APPROPRIATE  MEDICAL  EXAMINA-
TION  OR  TESTING  OF SUCH ARRESTED PERSON TO DETERMINE IF SUCH OFFICIAL
HAS BEEN EXPOSED TO HUMAN IMMUNODEFICIENCY VIRUS (HIV) OR HEPATITIS,  IF
THE  COURT  DETERMINES  THAT  THERE  IS  PROBABLY  CAUSE TO BELIEVE THAT
ARRESTED PERSON COMMITTED A  CRIME  AND  THAT  EXPOSURE  OF  THE  PUBLIC
PROTECTION  OFFICIAL  OCCURRED. IF THE MEDICAL EXAMINATION OR TESTING OF
THE ARRESTED PERSON INDICATES THAT HE OR  SHE  IS  INFECTED  WITH  HUMAN
IMMUNODEFICIENCY  VIRUS  (HIV) OR HEPATITIS, SUCH TEST RESULTS SHALL NOT
BE DISCLOSED TO THE COURT OR TO ANY OTHER INDIVIDUAL, BUT SHALL BE  MADE
AVAILABLE TO THE PUBLIC PROTECTION OFFICIAL.
  2.  FOR  THE  PURPOSES  OF  THIS SECTION, A PUBLIC PROTECTION OFFICIAL
SHALL MEAN AND INCLUDE ANY STATE, COUNTY OR  MUNICIPAL  POLICE  OFFICER,
PEACE  OFFICER,  FIREFIGHTER,  EMERGENCY MEDICAL TECHNICIAN, CORRECTIONS
OFFICER, OR SHERIFF WHO IS ACTING UNDER THE SCOPE OF AUTHORITY OF HIS OR
HER OFFICIAL POSITION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10816-02-3


              

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