New York S 2727: Creates the crime of reckless endangerment of the public health for recklessly transmitting HIV/AIDS

Bill Text

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 Speaker Carl E. Heastie

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S02727 Summary:

BILL NOS02727 

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SAME ASSAME AS A05604

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SPONSORORTT

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COSPNSR

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MLTSPNSR

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Amd §§10.00 & 70.25, add §§120.26, 120.27, 120.28 & 170.36, Pen L; amd §1.20, add §160.46, CP L; amd §§71 &
141, add §141-a, Cor L

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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.

Go to top S02727 Actions:

BILL NOS02727 

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01/22/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS02727 Committee&nbspVotes:

Go to topS02727 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02727 Text:

 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.
 LBD06889-01-5

 S. 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