S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7351
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 24, 2017
                                ___________
 
 Introduced by M. of A. FITZPATRICK, FINCH, KOLB -- Multi-Sponsored by --
   M.  of  A.    McKEVITT  --  read once and referred to the Committee on
   Health
 
 AN ACT to amend the executive law, in relation to  defining  "incidental
   exposure"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 621 of the executive law is amended  by  adding  a
 new subdivision 24 to read as follows:
   24.   "INCIDENTAL EXPOSURE" SHALL MEAN AN EXPOSURE, OTHER THAN CONSEN-
 SUAL SEXUAL CONTACT OR SHARING HYPODERMIC NEEDLES OR SYRINGES, TO  BLOOD
 OR  BODY  FLUIDS WHICH WOULD PLACE AN EXPOSED PERSON AT SIGNIFICANT RISK
 OF CONTRACTING HIV INFECTION IF THE BLOOD OR BODY  FLUID  WERE  INFECTED
 WITH HIV.
   § 2.  Subdivisions 1 and 2 of section 631 of the executive law, subdi-
 vision  1  as amended by section 22 of part A1 of chapter 56 of the laws
 of 2010 and subdivision 2 as amended by chapter 162 of the laws of 2008,
 are amended to read as follows:
   1. No award shall be made unless the office finds that (a) a crime was
 committed, (b) such crime directly resulted in personal physical  injury
 to  or  INCIDENTAL  EXPOSURE  TO  HIV, the exacerbation of a preexisting
 disability, or condition, or death of,  the  victim,  and  (c)  criminal
 justice agency records show that such crime was promptly reported to the
 proper authorities; and in no case may an award be made where the crimi-
 nal  justice agency records show that such report was made more than one
 week after the occurrence of such crime  unless  the  office,  for  good
 cause  shown, finds the delay to have been justified; provided, however,
 in cases involving an alleged sex offense as contained  in  article  one
 hundred  thirty of the penal law or incest as defined in section 255.25,
 255.26 or 255.27 of the penal law or labor  trafficking  as  defined  in
 section 135.35 of the penal law or sex trafficking as defined in section

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

                                                            LBD11112-01-7

 A. 7351                             2
 
 230.34  of the penal law or an offense chargeable as a family offense as
 described in section eight hundred twelve of the  family  court  act  or
 section 530.11 of the criminal procedure law, the criminal justice agen-
 cy report need only be made within a reasonable time considering all the
 circumstances,  including  the  victim's  physical, emotional and mental
 condition and family situation. For the purposes  of  this  subdivision,
 "criminal justice agency" shall include, but not be limited to, a police
 department,  a  district  attorney's  office, and any other governmental
 agency having responsibility for the enforcement of the criminal laws of
 the state provided, however, that in cases involving such sex offense  a
 criminal  justice  agency shall also mean a family court, a governmental
 agency responsible for child and/or adult protective  services  pursuant
 to  title six of article six of the social services law and/or title one
 of article nine-B of the social services law, and any  medical  facility
 established  under  the laws of the state that provides a forensic phys-
 ical examination for victims of rape and sexual assault.
   2. Any award made pursuant to this article shall be in an  amount  not
 exceeding  out-of-pocket  expenses,  including  indebtedness  reasonably
 incurred for medical or other services necessary  as  a  result  of  the
 injury  upon  which  the  claim  is  based;  loss of earnings or support
 resulting from such injury not to exceed thirty thousand dollars; burial
 expenses not exceeding six thousand dollars of a victim who  died  as  a
 direct  result of a crime; the costs of crime scene cleanup and securing
 of a crime scene not exceeding twenty-five hundred  dollars;  reasonable
 relocation  expenses  not exceeding twenty-five hundred dollars; and the
 unreimbursed cost of repair or  replacement  of  articles  of  essential
 personal  property  lost, damaged or destroyed as a direct result of the
 crime. An award for loss of earnings shall include earnings  lost  by  a
 parent  or guardian as a result of the hospitalization of a child victim
 under age eighteen for injuries sustained as a direct result of a crime.
 In addition to the medical or other services necessary as  a  result  of
 the injury upon which the claim is based, an award may be made for reha-
 bilitative  occupational  training  for the purpose of job retraining or
 similar  employment-oriented  rehabilitative  services  based  upon  the
 claimant's  medical  and  employment  history.  For  the purpose of this
 subdivision, rehabilitative occupational training shall include but  not
 be  limited to educational training and expenses. An award for rehabili-
 tative occupational training may be made to a victim,  or  to  a  family
 member  of  a  victim where necessary as a direct result of a crime.  IN
 CASES WHERE INCIDENTAL  EXPOSURE  HAS  OCCURRED,  THE  VICTIMS  WILL  BE
 COVERED  FOR  THE  EXPENSES INCURRED AS THE RESULT OF AN APPROPRIATE HIV
 DIAGNOSTIC TEST APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION  TO
 DETERMINE IF THEY CONTRACTED HIV.
   §  3.   This act shall take effect on the thirtieth day after it shall
 have become a law.