Assembly Bill A10276

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10276
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced  by M. of A. LiPETRI -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to establishing the crime of intentional exposure to communi-
   cable  disease  and  making  such  crime  a qualifying offense for the
   purposes of pre-trial detention

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 120.19 to
 read as follows:
 § 120.19 INTENTIONAL EXPOSURE TO COMMUNICABLE DISEASE.
   A PERSON IS GUILTY OF INTENTIONAL  EXPOSURE  TO  COMMUNICABLE  DISEASE
 WHEN,  KNOWING  THAT HE OR SHE IS A CARRIER OF A COMMUNICABLE DISEASE AS
 DEFINED IN SECTION TWO OF THE PUBLIC HEALTH LAW, HE OR SHE KNOWINGLY AND
 DELIBERATELY EXPOSES ANOTHER INDIVIDUAL TO SUCH COMMUNICABLE DISEASE  IN
 A MANNER LIKELY TO CAUSE TRANSMISSION.
   INTENTIONAL EXPOSURE TO COMMUNICABLE DISEASE IS A CLASS E FELONY.
   §  2. Paragraphs (h) and (i) of subdivision 4 of section 510.10 of the
 criminal procedure law, as added by section 2 of part JJJ of chapter  59
 of the laws of 2019, are amended to read as follows:
   (h)  criminal  contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article; [or]
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16106-02-0

 A. 10276                            2
 
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law; OR
   (J) INTENTIONAL EXPOSURE TO COMMUNICABLE DISEASE AS DEFINED IN SECTION
 120.19 OF THE PENAL LAW.
   §  3.  Subparagraphs (viii) and (ix) of paragraph (b) of subdivision 1
 of section 530.20 of the criminal procedure law, as added by section  16
 of  part  JJJ  of chapter 59 of the laws of 2019, are amended to read as
 follows:
   (viii) criminal contempt in the second degree as defined  in  subdivi-
 sion  three of section 215.50 of the penal law, criminal contempt in the
 first degree as defined in subdivision (b), (c) or (d) of section 215.51
 of the penal law or aggravated criminal contempt as defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article; [or]
   (ix) facilitating a sexual performance by a child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law; OR
   (X) INTENTIONAL EXPOSURE TO COMMUNICABLE DISEASE AS DEFINED IN SECTION
 120.19 OF THE PENAL LAW.
   § 4. Paragraphs (h) and (i) of subdivision 4 of section 530.40 of  the
 criminal procedure law, as added by section 18 of part JJJ of chapter 59
 of the laws of 2019, are amended to read as follows:
   (h)  criminal  contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article; [or]
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law; OR
   (J) INTENTIONAL EXPOSURE TO COMMUNICABLE DISEASE AS DEFINED IN SECTION
 120.19 OF THE PENAL LAW.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.