Senate Bill S844A

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

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

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Bill Amendments

co-Sponsors

2017-S844 - Details

See Assembly Version of this Bill:
A4686
Current Committee:
Senate Codes
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 Other Legislative Sessions:
2009-2010: S3407
2011-2012: S745
2013-2014: S2189, A8758
2015-2016: S2996, A5300
2019-2020: S1058, S4681, A5794
2021-2022: S3646, A8312
2023-2024: S1310, A2688

2017-S844 - 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

2017-S844 - Sponsor Memo

2017-S844 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    844
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens.  YOUNG, BONACIC, 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.
              

co-Sponsors

2017-S844A (ACTIVE) - Details

See Assembly Version of this Bill:
A4686
Current Committee:
Senate Codes
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 Other Legislative Sessions:
2009-2010: S3407
2011-2012: S745
2013-2014: S2189, A8758
2015-2016: S2996, A5300
2019-2020: S1058, S4681, A5794
2021-2022: S3646, A8312
2023-2024: S1310, A2688

2017-S844A (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

2017-S844A (ACTIVE) - Sponsor Memo

2017-S844A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  844--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens.  YOUNG, BONACIC, O'MARA, RANZENHOFER -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Codes -- recommitted to the Committee on Codes in  accordance  with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 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.
              

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