senate Bill S4487

2013-2014 Legislative Session

Relates to the testing of certain criminal defendants for HIV

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 04, 2013 referred to codes
delivered to assembly
passed senate
Jun 03, 2013 advanced to third reading
May 30, 2013 2nd report cal.
May 29, 2013 1st report cal.781
Apr 03, 2013 referred to codes

S4487 - Details

See Assembly Version of this Bill:
A9835
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §210.16, CP L

S4487 - Summary

Relates to the testing of certain criminal defendants for HIV.

S4487 - Sponsor Memo

S4487 - Bill Text download pdf

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

                                  4487

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by  Sen. NOZZOLIO -- (at request of the Division of Criminal
  Justice Services) -- read twice and ordered printed, and when  printed
  to be committed to the Committee on Codes

AN  ACT  to amend the criminal procedure law, in relation to the testing
  of certain criminal defendants for human immunodeficiency virus

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 210.16 of the criminal procedure law, as added by
chapter 571 of the laws of 2007, is amended to read as follows:
S 210.16 Requirement of HIV related testing in certain cases.
  1. (a) In a case where an indictment or a superior  court  information
has  been filed with a superior court which charges the defendant with a
felony offense enumerated in any section of article one  hundred  thirty
of  the  penal  law  where  an act of "sexual intercourse", "oral sexual
conduct" or "anal sexual conduct," as those terms are defined in section
130.00 of the penal law, is required as an  essential  element  for  the
commission thereof, the court shall, upon a request of the victim, with-
in  [six  months  of  the date of the crimes charged,] FORTY-EIGHT HOURS
order that the defendant submit to human  immunodeficiency  virus  (HIV)
related  testing.    [Testing  of  a defendant shall be ordered when the
result would provide medical benefit to the victim  or  a  psychological
benefit to the victim. Medical benefit shall be found when the following
elements  are  satisfied:  (i)  a  decision  is pending about beginning,
continuing, or discontinuing a medical intervention for the victim;  and
(ii)  the  result  of an HIV test of the accused could affect that deci-
sion, and could provide relevant information beyond that which would  be
provided  by  an  HIV test of the victim. If testing the defendant would
provide medical benefit to the victim or a psychological benefit to  the
victim,  then the] THE testing is to be conducted by a state, county, or
local public health officer designated by the order.  ANY  FEE  ASSESSED
FOR  CONDUCTING  THE TEST SHALL BE PAID FOR BY THE COUNTY. Test results,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09339-01-3

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