S T A T E   O F   N E W   Y O R K
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                                  2833

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. FITZPATRICK, FINCH, CALHOUN, KOLB -- Multi-Spon-
  sored by -- M. of A.  McKEVITT, WALKER -- read once  and  referred  to
  the Committee on Health

AN  ACT  to amend the executive law, in relation to defining "incidental
  exposure"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Section 621 of the executive law is amended by adding a
new subdivision 24 to read as follows:
  24.  "INCIDENTAL EXPOSURE" SHALL MEAN AN EXPOSURE, OTHER THAN  CONSEN-
SUAL  SEXUAL CONTACT OR SHARING HYPODERMIC NEEDLES OR SYRINGES, TO BLOOD
OR BODY FLUIDS WHICH WOULD PLACE AN EXPOSED PERSON AT  SIGNIFICANT  RISK
OF  CONTRACTING  HIV  INFECTION IF THE BLOOD OR BODY FLUID WERE INFECTED
WITH HIV.
  S 2.  Subdivisions 1 and 2 of section 631 of the executive law, subdi-
vision 1 as amended by chapter 74 of the laws of 2007 and subdivision  2
as  amended  by  chapter 162 of the laws of 2008, are amended to read as
follows:
  1. No award shall be made unless the board or  board  member,  as  the
case  may  be,  finds  that  (a)  a  crime was committed, (b) such crime
directly resulted in personal physical injury to, OR INCIDENTAL EXPOSURE
TO HIV, or the exacerbation of a preexisting disability,  or  condition,
or  death  of,  the victim, and (c) criminal justice agency records show
that such crime was promptly reported to the proper authorities; and  in
no  case  may an award be made where the criminal justice agency records
show that such report was made more than one week after  the  occurrence
of such crime unless the board, for good cause shown, finds the delay to
have  been  justified;  provided, however, in cases involving an alleged
sex offense as contained in article one hundred thirty of the penal  law
or  incest  as  defined in section 255.25, 255.26 or 255.27 of the penal
law or labor trafficking as defined in section 135.35 of the  penal  law

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02982-01-9
              

A. 2833                             2

or  sex  trafficking as defined in section 230.34 of the penal law or an
offense chargeable as a family offense as  described  in  section  eight
hundred twelve of the family court act or section 530.11 of the criminal
procedure  law,  the  criminal  justice  agency report need only be made
within a reasonable time considering all  the  circumstances,  including
the  victim's  physical, emotional and mental condition and family situ-
ation. For the purposes of this subdivision, "criminal  justice  agency"
shall  include,  but  not be limited to, a police department, a district
attorney's office, and any other governmental agency having responsibil-
ity for the enforcement of the criminal  laws  of  the  state  provided,
however,  that  in  cases  involving such sex offense a criminal justice
agency shall also mean a family court, a governmental agency responsible
for child and/or adult protective services  pursuant  to  title  six  of
article  six  of  the  social  services  law and/or title one of article
nine-B of the social services law, and any medical facility  established
under  the  laws of the state that provides a forensic physical examina-
tion for victims of rape and sexual assault.
  2. Any award made pursuant to this article shall be in an  amount  not
exceeding  out-of-pocket  expenses,  including  indebtedness  reasonably
incurred for medical or other services necessary  as  a  result  of  the
injury  upon  which  the  claim  is  based;  loss of earnings or support
resulting from such injury not to exceed thirty thousand dollars; burial
expenses not exceeding six thousand dollars of a victim who  died  as  a
direct  result of a crime; the costs of crime scene cleanup and securing
of a crime scene not exceeding twenty-five hundred  dollars;  reasonable
relocation  expenses  not exceeding twenty-five hundred dollars; and the
unreimbursed cost of repair or  replacement  of  articles  of  essential
personal  property  lost, damaged or destroyed as a direct result of the
crime. An award for loss of earnings shall include earnings  lost  by  a
parent  or guardian as a result of the hospitalization of a child victim
under age eighteen for injuries sustained as a direct result of a crime.
In addition to the medical or other services necessary as  a  result  of
the injury upon which the claim is based, an award may be made for reha-
bilitative  occupational  training  for the purpose of job retraining or
similar  employment-oriented  rehabilitative  services  based  upon  the
claimant's  medical  and  employment  history.  For  the purpose of this
subdivision, rehabilitative occupational training shall include but  not
be  limited to educational training and expenses. An award for rehabili-
tative occupational training may be made to a victim,  or  to  a  family
member  of  a  victim where necessary as a direct result of a crime.  IN
CASES WHERE INCIDENTAL  EXPOSURE  HAS  OCCURRED,  THE  VICTIMS  WILL  BE
COVERED  FOR  THE  EXPENSES INCURRED AS THE RESULT OF AN APPROPRIATE HIV
DIAGNOSTIC TEST APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION  TO
DETERMINE IF THEY CONTRACTED HIV.
  S  3.   This act shall take effect on the thirtieth day after it shall
have become a law.