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- Referred to codes
- Referred to codes
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Sponsor's memo
BILL NUMBER:S1795
Title of bill
An act to amend the criminal procedure law, in relation to requiring 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
Section 1: Amends paragraph (b) of subdivision 1 of section 390.15 of the criminal procedure law, 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: S.7608 - Referred to Crime Victims, Crime & Protection 2008: S.2296 - Referred to Crime Victims, Crime & Protection 2009/10: S.1908 - Referred to Codes Committee
Fiscal implication
None to the state.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.