S T A T E O F N E W Y O R K
________________________________________________________________________
3409
2013-2014 Regular Sessions
I N A S S E M B L Y
January 25, 2013
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Introduced by M. of A. FITZPATRICK, FINCH, KOLB -- Multi-Sponsored by --
M. of A. McKEVITT -- read once and referred to the Committee on Health
AN ACT to amend the executive law, in relation to defining "incidental
exposure"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 621 of the executive law is amended by adding a
new subdivision 24 to read as follows:
24. "INCIDENTAL EXPOSURE" SHALL MEAN AN EXPOSURE, OTHER THAN CONSEN-
SUAL SEXUAL CONTACT OR SHARING HYPODERMIC NEEDLES OR SYRINGES, TO BLOOD
OR BODY FLUIDS WHICH WOULD PLACE AN EXPOSED PERSON AT SIGNIFICANT RISK
OF CONTRACTING HIV INFECTION IF THE BLOOD OR BODY FLUID WERE INFECTED
WITH HIV.
S 2. Subdivisions 1 and 2 of section 631 of the executive law, subdi-
vision 1 as amended by section 22 of part A1 of chapter 56 of the laws
of 2010 and subdivision 2 as amended by chapter 162 of the laws of 2008,
are amended to read as follows:
1. No award shall be made unless the office finds that (a) a crime was
committed, (b) such crime directly resulted in personal physical injury
to or INCIDENTAL EXPOSURE TO HIV, the exacerbation of a preexisting
disability, or condition, or death of, the victim, and (c) criminal
justice agency records show that such crime was promptly reported to the
proper authorities; and in no case may an award be made where the crimi-
nal justice agency records show that such report was made more than one
week after the occurrence of such crime unless the office, for good
cause shown, finds the delay to have been justified; provided, however,
in cases involving an alleged sex offense as contained in article one
hundred thirty of the penal law or incest as defined in section 255.25,
255.26 or 255.27 of the penal law or labor trafficking as defined in
section 135.35 of the penal law or sex trafficking as defined in section
230.34 of the penal law or an offense chargeable as a family offense as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06069-01-3
A. 3409 2
described in section eight hundred twelve of the family court act or
section 530.11 of the criminal procedure law, the criminal justice agen-
cy report need only be made within a reasonable time considering all the
circumstances, including the victim's physical, emotional and mental
condition and family situation. For the purposes of this subdivision,
"criminal justice agency" shall include, but not be limited to, a police
department, a district attorney's office, and any other governmental
agency having responsibility for the enforcement of the criminal laws of
the state provided, however, that in cases involving such sex offense a
criminal justice agency shall also mean a family court, a governmental
agency responsible for child and/or adult protective services pursuant
to title six of article six of the social services law and/or title one
of article nine-B of the social services law, and any medical facility
established under the laws of the state that provides a forensic phys-
ical examination for victims of rape and sexual assault.
2. Any award made pursuant to this article shall be in an amount not
exceeding out-of-pocket expenses, including indebtedness reasonably
incurred for medical or other services necessary as a result of the
injury upon which the claim is based; loss of earnings or support
resulting from such injury not to exceed thirty thousand dollars; burial
expenses not exceeding six thousand dollars of a victim who died as a
direct result of a crime; the costs of crime scene cleanup and securing
of a crime scene not exceeding twenty-five hundred dollars; reasonable
relocation expenses not exceeding twenty-five hundred dollars; and the
unreimbursed cost of repair or replacement of articles of essential
personal property lost, damaged or destroyed as a direct result of the
crime. An award for loss of earnings shall include earnings lost by a
parent or guardian as a result of the hospitalization of a child victim
under age eighteen for injuries sustained as a direct result of a crime.
In addition to the medical or other services necessary as a result of
the injury upon which the claim is based, an award may be made for reha-
bilitative occupational training for the purpose of job retraining or
similar employment-oriented rehabilitative services based upon the
claimant's medical and employment history. For the purpose of this
subdivision, rehabilitative occupational training shall include but not
be limited to educational training and expenses. An award for rehabili-
tative occupational training may be made to a victim, or to a family
member of a victim where necessary as a direct result of a crime. IN
CASES WHERE INCIDENTAL EXPOSURE HAS OCCURRED, THE VICTIMS WILL BE
COVERED FOR THE EXPENSES INCURRED AS THE RESULT OF AN APPROPRIATE HIV
DIAGNOSTIC TEST APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION TO
DETERMINE IF THEY CONTRACTED HIV.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.