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Senate Bill S3363

2023-2024 Legislative Session

Relates to HIV testing in certain criminal cases

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S3363 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §210.16, CP L
Versions Introduced in 2025-2026 Legislative Session:
S1230

2023-S3363 (ACTIVE) - Summary

Relates to the time when court ordered HIV testing in certain criminal cases must be conducted.

2023-S3363 (ACTIVE) - Sponsor Memo

2023-S3363 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3363
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  HIV  testing
   in certain criminal cases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 6 of section 210.16 of the  criminal  procedure
 law,  as added by chapter 571 of the laws of 2007, is amended to read as
 follows:
   6. The court shall conduct a hearing only if necessary to determine if
 the applicant is the victim of the offense of  which  the  defendant  is
 charged  or to determine whether a follow-up test is medically appropri-
 ate. The court ordered test must be performed within  forty-eight  hours
 of  the date on which the [court ordered the test] ACCUSATORY INSTRUMENT
 WAS FILED, provided, however, that whenever the defendant is not  tested
 within  the  period  prescribed by the court, the court must again order
 that the defendant undergo an HIV related test. The defendant  shall  be
 advised  of  information  as  to  HIV  testing  and medical treatment in
 accordance with any guidelines that may be issued by the commissioner of
 health.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06615-01-3

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