Relates to the testing of certain criminal defendants for HIV

BILL NUMBER:S4487 REVISED 04/03/13

Title of bill

An act to amend the criminal procedure law, in relation to the testing of certain criminal defendants for human immunodeficiency virus

Purpose of Bill:

This bill would amend the Criminal Procedure Law to authorize a court to order a defendant to submit to human immunodeficiency virus (HIV) testing within 48 hours of the filing of an indictment or superior court information charging the defendant with certain enumerated sex offenses.

Summary of Provisions:

Section one of the bill would amend Criminal Procedure Law § 210.16 to require that, upon a victim's request, a post-indictment HIV test be conducted within 48 hours of the filing of the indictment that charges a defendant with a crime involving sexual intercourse, anal sexual conduct or oral sexual conduct. Results of such testing would be provided to the victim and the defendant as soon as practicable, and the victim may request that the defendant submit to any medically appropriate follow-up tests. The county would be responsible for paying any fee assessed for conducting the test.

Section two of the bill provides that it shall take effect immediately.

Existing Law:

Criminal Procedure Law § 210.16 allows the victim of a sex offense to petition for an order requiring that the defendant be tested for HIV within six months of the date that the crime occurred. The court may order the testing only on a finding that the result would provide a medical benefit to the victim. Follow-up tests may be ordered within six months of the date that the crime occurred.

Prior Legislative History:

This is a new bill.

Statement in Support:

This bill will allow sex crime victims to request information about their abuser's HIV status at a much earlier time than now permitted under law. By obtaining test results earlier, victims may make more intelligent medical choices with respect to prophylaxis treatments and the likelihood of their exposure to HIV.

Moreover, this bill is necessary to obtain the full amount of federal Grants to Encourage Arrest Policies (GTEAP). The existing New York State law authorizing the HIV testing of certain defendants, Criminal Procedure Law § 210.16, has been determined by the federal government to be insufficient because the victim is not entitled to request an HIV test within 48 hours of the filing of an indictment. This failure resulted in a loss of 5% of GTEAP funds in the 2009/2010 grant period,

for a total of $533,555 statewide. In 2011, New York State entities lost over $150,000. The failure to enact a compliant statute will cause the State to again lose 5% of GTEAP funds in the 2013/2014 grant period and in future years. In the past, New York State has received grant amounts ranging from $700,000 to $1,500,000. Other entities in New York State, including District Attorneys, also are eligible to apply for GTEAP funds. These entities also will be affected if this law is not enacted.

Budget Implications:

This bill will have a negligible fiscal impact on counties, which would be required to pay any fee assessed for the court-ordered HIV testing. This testing is relatively inexpensive.

Effective Date:

This bill would take effect immediately.