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Sponsors
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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for medical examination of certain arrested persons
In Assembly Committee · Codes · Sponsor Joseph Lentol
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5128
Title of bill
An act to amend the criminal procedure law, in relation to permitting medical examinations of certain persons arrested for criminal offenses
Purpose
If a public protection official is exposed to bodily fluids through contact with an arrested person, a local court shall, at the request of the official, order appropriate medical testing for HIV and hepatitis
Summary of provisions
§1 - amends the criminal procedure by adding a new section 160.47 dealing with medical examinations
§2- defines a public protection official
Justification
Police officer's and emergency responder's are often exposed to deadly viruses and other diseases under circumstances that may require testing to be preformed; however in some cases no consent can or will be granted as the criminal is incapable or unwilling of doing so. Due to this constant threat of infection, Police and emergency responders should have the ability by law to inquire about existing records or administer testing to ensure their safety. Without a proper test to determine if the criminal was infected with a communicable virus or disease, the officer or responder would be required to undergo a month of treatment with antiretroviral drugs at a high cost of up to $1000, and frequently, unpleasant side effects. Under current New York State law, no testing can be done unless consented to by the patient, a previously designated health care proxy, or a court appointed guardian. This legislation would still require an order from a local criminal court if the individual is unable or refuses to give consent.
Fiscal implications
None to State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.