What's happening
This bill amends the law to require court-ordered HIV tests in certain criminal cases be performed within 48 hours of filing charges.
Why it matters
Mandates faster HIV testing for defendants in certain criminal cases. , ensuring that tests are conducted within 48 hours of charges being filed—not just when the court orders the test—which could speed up the process for victims and public health responses.
May reduce emotional distress and uncertainty for victims. , as they will receive critical information about potential HIV exposure more quickly, allowing for timely medical intervention or counseling if needed.
Changes the legal trigger for testing from the court’s order to the filing of charges. , potentially minimizing delays that can occur in the judicial process and ensuring that mandated testing isn’t postponed due to administrative or scheduling issues.
Reflects a balance between public health concerns and defendants’ rights. , as the bill still requires court oversight to confirm victim status or the necessity of follow-up tests, but prioritizes efficient action in newly filed cases.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Faster HIV Testing in Crimes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Faster HIV Tests for Defendants
In Assembly Committee · Codes · Sponsor Tony Simone
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1230
2025-2026 Regular Sessions
IN SENATE
January 8, 2025
Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to HIV testing in certain criminal cases
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6 of section 210.16 of the criminal procedure law, as added by chapter 571 of the laws of 2007, is amended to read as follows:
6. The court shall conduct a hearing only if necessary to determine if the applicant is the victim of the offense of which the defendant is charged or to determine whether a follow-up test is medically appropriate. The court ordered test must be performed within forty-eight hours of the date on which the [court ordered the test] accusatory instrument was filed, provided, however, that whenever the defendant is not tested within the period prescribed by the court, the court must again order that the defendant undergo an HIV related test. The defendant shall be advised of information as to HIV testing and medical treatment in accordance with any guidelines that may be issued by the commissioner of health.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04148-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to HIV testing in certain criminal cases
Purpose
To change the event after which testing is required after certain crimi- nal cases
Summary of specific provisions
Section 1 changes the timeline for when a court ordered test must be performed based upon when the accusatory instrument was filed
Section 2 establishes the effective date of the bill
Justification
The current law for HIV testing after certain sexual assault cases in New York State is out of compliance with federal guidelines. Federal guidelines state testing should be done within 48 hours of the informa- tion or indictment at the request of the survivor, not of the court order. This will better serve survivors, as well stop a 5% claw-back of certain grants issued from the Federal Government to help improve the response of the justice system under the Violence Against Women Act.
Legislative history
New bill.
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.