senate Bill S1058

2019-2020 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 - Stricken

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 19, 2019 recommit, enacting clause stricken
Jan 10, 2019 referred to codes


S1058 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
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
2017-2018: S844, A4686
2021-2022: S3646

S1058 (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 (view more) provides that if an inmate tests positive notice shall be given to all employees that will have contact with such inmate.

S1058 (ACTIVE) - Sponsor Memo

S1058 (ACTIVE) - Bill Text download pdf

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


                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 10, 2019

Introduced by Sens. YOUNG, 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


  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
corrections  and  community supervision must be expeditiously tested for

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


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