Do you support this bill?

Assembly Bill A7796

2013-2014 Legislative Session

Provides for medical examination of certain arrested persons

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.