BILL NUMBER: S1230
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to HIV testing
in certain criminal cases
 
PURPOSE:
To change the event after which testing is required after certain crimi-
nal cases
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 changes the timeline for when a court ordered test must be
performed based upon when the accusatory instrument was filed
Section 2 establishes the effective date of the bill
 
JUSTIFICATION:
The current law for HIV testing after certain sexual assault cases in
New York State is out of compliance with federal guidelines. Federal
guidelines state testing should be done within 48 hours of the informa-
tion or indictment at the request of the survivor, not of the court
order. This will better serve survivors, as well stop a 5% claw-back of
certain grants issued from the Federal Government to help improve the
response of the justice system under the Violence Against Women Act.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S1230: 210.16 criminal procedure law, 210.16(6) criminal procedure law