BILL NUMBER: S2727
SPONSOR: ORTT
 
TITLE OF BILL:
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 persons
 
PURPOSE:
Creates the crime of reckless endangerment of the public health for
recklessly transmitting HIV/AIDS.
 
SUMMARY OF PROVISIONS:
Section 1: Sets forth the legislative intent such that 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.
Section 2: Amends section 10.00 of the Penal Law by adding two new
subdivisions 22 and 23, defining "AIDS" and "HIV".
Section 3: Amends the opening paragraph of subdivision 1 of section
70.25 of the Penal Law.
Section 4: Amends section 70.25 of the Penal Law.
Section 5: Amends the Penal Law by adding four new sections, 120.26,
120.27, 120.28, and 170.36. The Penal Law is amended by creating the
crime of reckless endangerment of the public health in the first and
second degree as class B and C felony offenses. This legislation also
creates a class E felony for providing false information or statement
regarding HIV status to a health care provider.
Section 6: Amends section 1.20 of the Criminal Procedure Law
Section 7: Amends the Criminal Procedure Law by adding a new section,
160.46, to require any defendant arrested or arraigned for any crime set
for in article one hundred thirty or section 120.26 or 120.27 of the
penal taw to be tested for the HIV virus.
Section 8: Amends section 71 of the Correction Law that all currently
incarcerated persons and persons newly entering a correctional facility
be tested for the HIV virus.
Section 9: Amends section 141 of the Correction Law to require that in
correctional facilities, every inmate be regularly tested for the viral
agent that causes AIDS, and a blood test designed to test for tuberculo-
sis and hepatitis.
Section 10: Amends the Correction Law by adding a new sectionò 141-a,
which provides that upon the diagnosis of an inmate that has symptoms of
AIDS, notice of such diagnosis shall be provided to persons involved in
the supervision and care of the inmate.
Section 11: Sets forth the effective date.
 
JUSTIFICATION:
The announcement in the fall of 1997 that Nushawn Williams had been
informed of his HIV-positive status but continued to have unprotected
sex with young women in Chautauqua County shocked the State and, indeed,
the nation. Nushawn Williams is directly responsible for infecting nine
girls and women, and possibly as many as twenty-eight persons. Given
these facts and the possibility of more persons acting like Williams
throughout the State, this bill seeks to bring New York's current law of
strict confidentiality for HIV related information in line with respon-
sible policy designed to prevent the transmission of HIV and to protect
as many New Yorkers as possible from getting this horrible disease.
While this bill retains nearly all of the existing confidentiality
provisions for the protection of HIV infected persons, it allows for
criminal investigation and prosecution of those persons who chose to act
irresponsibly with regard to their HIV status. HIV/AIDS is a deadly
disease for which there currently is no cure. When an HIV infected
person, who is aware of their status, acts in a manner that recklessly
places other unknowing persons in a position to contract the disease,
they should be severely punished.
 
PRIOR LEGISLATIVE
2009-2010: S3407Codes Committee
2011-2012: S745 -Codes Committee
2013-2014: S2189- Codes Committee
2015-2016: S2996- Codes Committee
2017-2018: S844 -Codes Committee
2019-2020: S1058,S4681 - Codes Committee
2021-2022: S3646- Codes Committee
2023-2024: S.1310/A.2688 Referred to Codes
 
FISCAL IMPLICATIONS:
$1.6 million to the State.
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law, provided however, that sections
three, four and five of this act shall take effect on the first day of
November next succeeding the date on which it shall have become a taw;
and provided, that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of the
foregoing sections of this act on their effective date are authorized
and directed to be made and completed within 180 days after the date on
which this act shall have become a law.

Statutes affected:
S2727: 10.00 penal law, 70.25 penal law, 70.25(1) penal law, 1.20 criminal procedure law, 71 correction law, 141 correction law