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Senate Bill S5128

2013-2014 Legislative Session

Provides for medical examination of certain arrested persons

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2013-S5128 (ACTIVE) - Details

See Assembly Version of this Bill:
A7796
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.47, CP L

2013-S5128 (ACTIVE) - Summary

Provides for medical examination of persons arrested for crimes where a public protection official has been exposed to HIV or hepatitis.

2013-S5128 (ACTIVE) - Sponsor Memo

2013-S5128 (ACTIVE) - Bill Text download pdf 

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

                                  5128

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  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

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