S T A T E   O F   N E W   Y O R K
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                                  3409

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced by M. of A. FITZPATRICK, FINCH, KOLB -- Multi-Sponsored by --
  M. of A. McKEVITT -- 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 section 22 of part A1 of chapter 56 of  the  laws
of 2010 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 office finds that (a) a crime was
committed,  (b) such crime directly resulted in personal physical injury
to or INCIDENTAL EXPOSURE TO HIV,  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 crimi-
nal justice agency records show that such report was made more than  one
week  after  the  occurrence  of  such crime unless the office, 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 or sex trafficking as defined in section
230.34 of the penal law or an offense chargeable as a family offense  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06069-01-3
              

A. 3409                             2

described  in  section  eight  hundred twelve of the family court act or
section 530.11 of the criminal procedure law, the criminal justice agen-
cy report need only be made within a reasonable time considering all the
circumstances,  including  the  victim's  physical, emotional and mental
condition and family situation. 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 responsibility 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 phys-
ical examination 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.