senate Bill S2189A

2013-2014 Legislative Session

Creates the crime of reckless endangerment of the public health for recklessly transmitting HIV/AIDS

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Feb 13, 2013 print number 2189a
amend and recommit to codes
Jan 14, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

view additional co-sponsors

S2189 - Details

See Assembly Version of this Bill:
A8758
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§10.00 & 70.25, add §§120.26, 120.27, 120.28 & 170.36, Pen L; amd §1.20, add §160.46, CP L; amd §§71 & 141, add §141-a, Cor L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S745
2009-2010: S3407

S2189 - 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.

S2189 - Sponsor Memo

S2189 - Bill Text download pdf

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

                                  2189

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sens.  YOUNG,  BONACIC,  DeFRANCISCO,  NOZZOLIO, O'MARA,
  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
confinement and all inmates to be newly admitted to  the  department  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06427-01-3

Co-Sponsors

view additional co-sponsors

S2189A (ACTIVE) - Details

See Assembly Version of this Bill:
A8758
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§10.00 & 70.25, add §§120.26, 120.27, 120.28 & 170.36, Pen L; amd §1.20, add §160.46, CP L; amd §§71 & 141, add §141-a, Cor L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S745
2009-2010: S3407

S2189A (ACTIVE) - 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.

S2189A (ACTIVE) - Sponsor Memo

S2189A (ACTIVE) - Bill Text download pdf

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

                                 2189--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sens.  YOUNG,  BONACIC,  DeFRANCISCO,  NOZZOLIO, O'MARA,
  RANZENHOFER -- read twice and ordered printed, and when printed to  be
  committed  to  the  Committee  on  Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06427-02-3

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