Allows sex offense victim to request indicted sex offender submit to HIV testing anytime between indictment and sentencing

1 Co-sponsor

• Diane J. Savino

Title of bill

An act to amend the criminal procedure law, in relation to requirement of HIV related testing in certain cases

Purpose or general idea of bill

Allows sex offense victims to request that indicted sex offenders submit to HIV testing anytime between indictment and sentencing.

Summary of specific provisions

Amends paragraph (b) of subdivision 1 of section 390.15 of the criminal procedure law, as amended by chapter 264 of the laws of 2003 to include indicted defendants in the group of eligible sex offenders subject to HIV testing at the request of their alleged victim. Amends subdivision 2 of section 390.15 of the criminal procedure law, as added by chapter 76 of the laws of 1995 to allow such request to be made at any time after indictment and before sentencing.

Justification

The successful criminal prosecution of a sex crime can take months or even years, but victims need to embark upon an HIV treatment regimen very quickly to reduce the chances of an infection. This measure will allow victims to make necessary medical treatment decisions as quickly as possible, while still protecting the defendant's right to privacy until a criminal investigation is completed and an indictment has been issued.

Prior legislative history

2006 - S7608 - Referred to Crime Victims, Crime & Protection 2008 - S2296 - Referred to Crime Victims, Crime & Protection

Fiscal implication

None to the state.

Effective date

Immediately.