Senate Bill S4603A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4603
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Codes
 
 AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
   relation to criminal liability for persons living with sexually trans-
   mitted infections who engage in sexual activity; and to repeal section
   2307  of  the public health law relating to persons knowing themselves
   to be infected with venereal disease
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2307 of the public health law is REPEALED.
   §  2.  Subparagraph  (vi) of paragraph (k) of subdivision 3 of section
 160.50 of the criminal procedure law, as amended by chapter  92  of  the
 laws  of  2021, is amended and a new subparagraph (vii) is added to read
 as follows:
   (vi) the conviction was for an  offense  defined  in  section  222.10,
 222.15, 222.25 or 222.45 of the penal law[.]; OR
   (VII)  THE  CONVICTION WAS FOR THE VIOLATION OF FORMER SECTION 2307 OF
 THE PUBLIC HEALTH LAW.
   § 3. Section 15.10 of the penal law is amended to read as follows:
 § 15.10 Requirements for criminal liability in general and for  offenses
           of strict liability and mental culpability.
   1.  The  minimal requirement for criminal liability is the performance
 by a person of conduct which includes a voluntary act or the omission to
 perform an act which he is physically capable  of  performing.  If  such
 conduct  is all that is required for commission of a particular offense,
 or if an offense or some material element thereof  does  not  require  a
 culpable  mental  state on the part of the actor, such offense is one of
 "strict liability." If a culpable mental state on the part of the  actor
 is  required  with respect to every material element of an offense, such
 offense is one of "mental culpability."

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06946-01-3
 S. 4603                             2
              

 
   2. A PERSON LIVING WITH A SEXUALLY TRANSMITTED INFECTION WHO HAS SEXU-
 AL CONTACT OR OTHER ACTIVITY WITH ANOTHER  PERSON  HAS  NOT  ENGAGED  IN
 CONDUCT  OR  ACTIVITY  THAT  CREATES  CRIMINAL LIABILITY FOR ANY OFFENSE
 WHERE THEIR STATUS AS A PERSON WITH A SEXUALLY TRANSMITTED INFECTION  IS
 A  FACTOR.  FOR THE PURPOSES OF THIS SUBDIVISION, A SEXUALLY TRANSMITTED
 INFECTION IS TRANSMITTED PRIMARILY IF NOT  EXCLUSIVELY  THROUGH  SEX  OR
 INTIMATE PHYSICAL CONTACT.
   §  4.  This  act  shall  take effect immediately and no prosecution or
 action shall be commenced or continued pursuant to section 2307  of  the
 public  health law as repealed pursuant to section one of this act on or
 after such date.