Bill Text: NY S02727 | 2025-2026 | General Assembly | Introduced
Bill Title: Creates crimes of reckless endangerment of public health with respect to HIV/AIDS transmission; creates crime of filing false instrument with respect to HIV/AIDS; provides for HIV/AIDS testing for alleged sex offenders and public health offenders; provides for contagious disease testing for persons in the custody of the department of corrections; provides that if an incarcerated individual tests positive notice shall be given to all employees that will have contact with such incarcerated individual.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-22 - REFERRED TO CODES [S02727 Detail]
Download: New_York-2025-S02727-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2727 2025-2026 Regular Sessions IN SENATE January 22, 2025 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the criminal procedure law and the correction law, in relation to criminalizing the reckless transmission of HIV/AIDS and to require testing for AIDS and HIV for certain persons The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature finds that HIV/AIDS 2 infection poses a serious threat to the public health of all New Yorkers 3 whenever HIV/AIDS infected persons act in a manner which is likely to 4 spread this horrible disease to other persons. When HIV/AIDS infected 5 persons commit such actions as having unprotected sex or sharing needles 6 without the consent of their partners, they endanger the public health 7 and frustrate the efforts of health officials to contain and, hopefully, 8 reverse the spread of HIV/AIDS. 9 The legislature further finds that in order to allow the victims of 10 alleged sex crimes or crimes which endanger their health to obtain the 11 most effective health care treatment, the HIV status of their offenders 12 must be determined. 13 The legislature further finds that the increasing reports of acquired 14 immune deficiency syndrome, human immunodeficiency virus, tuberculosis 15 and hepatitis in state correctional facilities have reached an alarming 16 level. These incarcerated individuals and others who may have an undi- 17 agnosed case of any of these syndromes, diseases or viruses are extreme- 18 ly detrimental to the health, safety and welfare of the correction offi- 19 cers and other staff who work in such facilities as well as incarcerated 20 individuals who are incarcerated therein. In order to maintain proper 21 security and working conditions, the legislature hereby declares that 22 all incarcerated individuals presently under confinement and all incar- 23 cerated individuals to be newly admitted to the department of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06889-01-5S. 2727 2 1 corrections and community supervision must be expeditiously tested for 2 such syndromes, diseases or viruses. The department of corrections and 3 community supervision shall take immediate action to care for afflicted 4 incarcerated individuals including separation from the general incarcer- 5 ated individual population in a special medical facility. 6 § 2. Section 10.00 of the penal law is amended by adding two new 7 subdivisions 23 and 24 to read as follows: 8 23. "AIDS" means acquired immune deficiency syndrome, as may be 9 defined from time to time by the centers for disease control of the 10 United States public health service. 11 24. "HIV infection" means infection with the human immunodeficiency 12 virus or any other related virus identified as a probable causative 13 agent of AIDS. 14 § 3. The opening paragraph of subdivision 1 of section 70.25 of the 15 penal law, as amended by chapter 372 of the laws of 1981, is amended to 16 read as follows: 17 Except as provided in subdivisions two, two-a [and], five and six of 18 this section, when multiple sentences of imprisonment are imposed on a 19 person at the same time, or when a person who is subject to any undisc- 20 harged term of imprisonment imposed at a previous time by a court of 21 this state is sentenced to an additional term of imprisonment, the 22 sentence or sentences imposed by the court shall run either concurrently 23 or consecutively with respect to each other and the undischarged term or 24 terms in such manner as the court directs at the time of sentence. If 25 the court does not specify the manner in which a sentence imposed by it 26 is to run, the sentence shall run as follows: 27 § 4. Section 70.25 of the penal law is amended by adding a new subdi- 28 vision 6 to read as follows: 29 6. When a person is convicted of reckless endangerment of the public 30 health in the first degree, as defined in section 120.26 of this chap- 31 ter, or reckless endangerment of the public health in the second degree, 32 as defined in section 120.27 of this chapter, the term of imprisonment 33 which may be imposed as a sentence upon such conviction, shall run 34 consecutively to any other term of imprisonment imposed as the sentence 35 upon the conviction of any other offense committed through the same act 36 or omission, or through an act or omission with itself constituted one 37 of the material elements of such reckless endangerment of the public 38 health offense. 39 § 5. The penal law is amended by adding four new sections 120.26, 40 120.27, 120.28 and 170.36 to read as follows: 41 § 120.26 Reckless endangerment of the public health in the first degree. 42 A person is guilty of reckless endangerment of the public health in 43 the first degree when such person is aware that they tested positively 44 for HIV/AIDS and then recklessly engages in conduct which results in the 45 transmission of HIV/AIDS to another person who was unaware of such 46 condition. 47 Reckless endangerment of the public health in the first degree is a 48 class B felony. 49 § 120.27 Reckless endangerment of the public health in the second 50 degree. 51 A person is guilty of reckless endangerment of the public health in 52 the second degree when such person is aware that they tested positively 53 for HIV/AIDS and then recklessly engages in conduct which creates a 54 substantial risk of the transmission of HIV/AIDS to another person who 55 was unaware of such condition.S. 2727 3 1 Reckless endangerment of the public health in the second degree is a 2 class C felony. 3 § 120.28 Reckless endangerment of the public health; defense. 4 In any prosecution under section 120.26 or 120.27 of this article, it 5 shall be an absolute defense that the defendant, at the time such person 6 was engaged in the conduct constituting the offense, was a person who 7 transmitted the HIV/AIDS virus to their child as the result of giving 8 birth to such child. 9 § 170.36 Offering a false instrument which endangers the public health. 10 A person is guilty of offering a false instrument which endangers the 11 public health when such person is aware that they tested positive for 12 HIV/AIDS and then knowing that a written instrument contains a false 13 statement or false information regarding their HIV status and with the 14 intent to defraud the department of health, any subdivision or agent 15 thereof, or any other health care provider, such person offers or 16 presents such instrument to an agent of that office or other health care 17 provider with the knowledge or belief that it will be filed with, regis- 18 tered or recorded in or otherwise become a part of the records of such 19 public office or public servant. 20 Offering a false instrument which endangers the public health is a 21 class E felony. 22 § 6. Section 1.20 of the criminal procedure law is amended by adding 23 two new subdivisions 46 and 47 to read as follows: 24 46. "HIV related illness" means any illness that may result from or 25 may be associated with HIV infection. 26 47. "HIV related test" means any laboratory test or series of tests 27 for any virus, antibody, antigen or etiologic agent whatsoever thought 28 to cause or to indicate the presence of AIDS. 29 § 7. The criminal procedure law is amended by adding a new section 30 160.46 to read as follows: 31 § 160.46 HIV related testing of alleged sex and public health offenders. 32 1. A police officer who makes an arrest for any crime set forth in 33 article one hundred thirty or section 120.26 or 120.27 of the penal law, 34 either with or without a warrant, shall, following such arrest or the 35 arraignment upon a local criminal court accusatory instrument of a 36 defendant whose court attendance has been secured by a summons or an 37 appearance ticket, cause such defendant to be immediately given an HIV 38 related test to determine if such defendant has HIV infection, HIV 39 related illness or AIDS. 40 2. The HIV related test prescribed in subdivision one of this section 41 and the submission of available information concerning the defendant and 42 the facts and circumstances of the crime charged must be in accordance 43 with the rules and regulations promulgated by the commissioner of crimi- 44 nal justice services. 45 3. The result of an HIV related test performed pursuant to subdivision 46 one of this section, shall, upon request, be made available to the 47 victim or alleged victim of such crime and to the defendant. 48 § 8. Section 71 of the correction law is amended by adding a new 49 subdivision 9 to read as follows: 50 9. (a) Persons who are committed, transferred, certified to or placed 51 in the care or custody of the department shall be immediately tested for 52 evidence of acquired immune deficiency syndrome, human immunodeficiency 53 virus, tuberculosis and hepatitis and monitored for the possibility of 54 development of such syndromes, diseases or viruses in accordance with 55 proper medical procedures.S. 2727 4 1 (b) For those persons who generate a positive result, the department 2 shall provide, in each facility under its control, the instruction of 3 appropriate staff, incarcerated individuals and significant others 4 regarding the nature of acquired immune deficiency syndrome and AIDS 5 Related Complex (ARC), human immunodeficiency virus, tuberculosis and 6 hepatitis, potential problems, and steps which may be taken to minimize 7 such problems. 8 § 9. Section 141 of the correction law, as amended by chapter 322 of 9 the laws of 2021, is amended to read as follows: 10 § 141. Contagious disease in facility. 1. In case any pestilence or 11 contagious disease shall break out among the incarcerated individuals in 12 any of the correctional facilities, or in the vicinity of such facili- 13 ties, the commissioner [of correction] may cause the incarcerated indi- 14 viduals confined in such facility, or any of them, to be removed to some 15 suitable place of security, where such of them as may be sick shall 16 receive all necessary care and medical assistance; such incarcerated 17 individuals shall be returned as soon as may be feasible to the facility 18 from which they were taken, to be confined therein according to their 19 respective sentences. 20 2. To reduce the possibility of any pestilence or contagious disease 21 in correctional facilities, every incarcerated individual shall be regu- 22 larly administered a blood test designed to test for the viral agent 23 known as HTLV-III/LAV which causes acquired immune deficiency syndrome 24 and a blood test designed to test for tuberculosis and hepatitis. The 25 commissioner shall take all necessary precautions which shall include 26 monitoring, education and counseling for those incarcerated individuals 27 who test positive for these illnesses. 28 § 10. The correction law is amended by adding a new section 141-a to 29 read as follows: 30 § 141-a. Notification of disease symptoms. Upon the diagnosis of a 31 facility health director or any other medical service provider author- 32 ized by the department to examine incarcerated individuals, that an 33 incarcerated individual has symptoms of acquired immune deficiency 34 syndrome, notice of the diagnosis shall be provided to all employees of 35 the department who can reasonably be expected to be involved in the 36 supervision and care of said incarcerated individual. 37 § 11. This act shall take effect on the first of January next succeed- 38 ing the date on which it shall have become a law; provided however that 39 sections three, four and five of this act shall take effect on the first 40 of November next succeeding the date on which it shall have become a 41 law. Effective immediately, the addition, amendment and/or repeal of any 42 rule or regulation necessary for the implementation of the provisions of 43 this act on its effective date are authorized to be made and completed 44 within 180 days after the date on which this act shall have become a 45 law.
