Creates the crime of reckless endangerment of the public health for recklessly transmitting HIV/AIDS

Summary of provisions

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.

The Criminal Procedure Law is amended to require any defendant arrested or arraigned for any crime set forth in article one hundred thirty or section 120.26 or 120.27 of the penal law to be tested for the HIV virus. The results of such testing would, upon request, be made available to the defendant's alleged victim.

The Correction Law is amended to require that all currently incarcerated persons and persons newly entering a correctional facility be tested for the HIV virus. This bill also provides that upon the diagnoses 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.

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 responsible 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 as such, acts in a manner that recklessly places other unknowing persons in a position to contract the disease, they should be severely punished.

Likewise, when a person commits an act that endangers the public health or is considered a sex offense as currently defined in the Penal Law, we need to be able to test the alleged offenders in a timely manner. Many of the treatments that are currently available for HIV are most effective if administered as close as possible to the transmission date. The victims have a right to know the HIV status of their offender in order to procure the most effective health care. It is in the same preventative vein that this bill calls for the testing of all currently incarcerated persons. Sensible, and sufficient health care, and education can best be provided when the HIV status of these individuals is known. In addition, employees of the correctional facilities, who are required to supervise and care for the infected inmates, have a right to know of the potential health risks.

Legislative history

2009-2010: S.3407/A.4939 Referred to Codes 2007-2008: S.387/A.2707 Referred to Codes 2006: S.6268 Referred to Codes 2005: A.5697 Referred to Health 2003-2004: A.4787 Held in Health

Fiscal implications

$1.6 million to the State.

Local fiscal implications

None.

Effective date

This act shall take effect on the first day of January next succeeding the date on which it shall have become law; provided however, that section three of this act shall take effect on the first day of November next succeeding the date on which it shall have become a law; 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.