senate Bill S8261

2019-2020 Legislative Session

Relates to establishing the crime of intentional exposure to communicable disease

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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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 11, 2020 recommit, enacting clause stricken
May 01, 2020 referred to codes

Co-Sponsors

S8261 (ACTIVE) - Details

See Assembly Version of this Bill:
A10276
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §120.19, Pen L; amd §§510.10, 530.20 & 530.40 CP L

S8261 (ACTIVE) - Summary

Establishes the crime of intentional exposure to communicable disease making it an E felony to knowingly and deliberately expose another individual to a communicable disease in a manner likely to cause transmission and making such crime a qualifying offense for the purposes of pre-trial detention.

S8261 (ACTIVE) - Sponsor Memo

S8261 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8261
 
                             I N  S E N A T E
 
                                May 1, 2020
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee 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.

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