Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Feb 09, 2009 |
referred to codes |
Senate Bill S1908
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D, IP) Senate District
2009-S1908 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง390.15, CP L
- Versions Introduced in 2011-2012 Legislative Session:
-
S1795
2009-S1908 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1908 TITLE OF BILL : An act to amend the criminal procedure law, in relation to requirement of HIV related testing in certain cases PURPOSE OR GENERAL IDEA OF BILL : Allows sex offense victims to request that indicted sex offenders submit to HIV testing anytime between indictment and sentencing. SUMMARY OF SPECIFIC PROVISIONS : Amends paragraph (b) of subdivision 1 of section 390.15 of the criminal procedure law, as amended by chapter 264 of the laws of 2003 to include indicted defendants in the group of eligible sex offenders subject to HIV testing at the request of their alleged victim. Amends subdivision 2 of section 390.15 of the criminal procedure law, as added by chapter 76 of the laws of 1995 to allow such request to be made at any time after indictment and before sentencing. JUSTIFICATION : The successful criminal prosecution of a sex crime can take months or even years, but victims need to embark upon an HIV treatment regimen
2009-S1908 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1908 2009-2010 Regular Sessions I N S E N A T E February 9, 2009 ___________ Introduced by Sens. KLEIN, SAVINO -- 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 requirement of HIV related testing in certain cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 1 of section 390.15 of the criminal procedure law, as amended by chapter 264 of the laws of 2003, is amended to read as follows: (b) For the purposes of this section, the terms "defendant", "INDICT- MENT", "conviction" and "sentence" mean and include, respectively, an "eligible youth," a "youthful offender finding" and a "youthful offender sentence" as those terms are defined in section 720.10 of this chapter. The term "victim" means the person with whom the defendant engaged in an act of "sexual intercourse", "oral sexual conduct" or "anal sexual conduct", as those terms are defined in section 130.00 of the penal law, where such conduct with such victim was the basis for the defendant's INDICTMENT OR conviction of an offense specified in paragraph (a) of this subdivision. S 2. Subdivision 2 of section 390.15 of the criminal procedure law, as added by chapter 76 of the laws of 1995, is amended to read as follows: 2. Any request made by the victim pursuant to this section must be in writing, filed with the court and provided by the court to the defendant or his or her counsel. The request must be filed with the court [prior to or within ten days] after entry of the defendant's [conviction; provided that, for good cause shown, the court may permit such request to be filed] INDICTMENT AND at any time before sentence is imposed. S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05286-01-9
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.