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 |
Senate Bill S4487
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S4487 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9835
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §210.16, CP L
2013-S4487 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4487 REVISED 04/03/13 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the testing of certain criminal defendants for human immunodeficiency virus Purpose of Bill: This bill would amend the Criminal Procedure Law to authorize a court to order a defendant to submit to human immunodeficiency virus (HIV) testing within 48 hours of the filing of an indictment or superior court information charging the defendant with certain enumerated sex offenses. Summary of Provisions: Section one of the bill would amend Criminal Procedure Law § 210.16 to require that, upon a victim's request, a post-indictment HIV test be conducted within 48 hours of the filing of the indictment that charges a defendant with a crime involving sexual intercourse, anal sexual conduct or oral sexual conduct. Results of such testing would be provided to the victim and the defendant as soon as practicable, and the victim may request that the defendant submit to any medically appropriate follow-up tests. The county would be responsible for paying any fee assessed for conducting the test.
2013-S4487 (ACTIVE) - 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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