Bill Text: NY A02833 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the executive law, in relation to defining "incidental exposure"
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2010-06-22 - held for consideration in health [A02833 Detail]
Download: New_York-2009-A02833-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
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:
1 Section 1. Section 621 of the executive law is amended by adding a
2 new subdivision 24 to read as follows:
3 24. "INCIDENTAL EXPOSURE" SHALL MEAN AN EXPOSURE, OTHER THAN CONSEN-
4 SUAL SEXUAL CONTACT OR SHARING HYPODERMIC NEEDLES OR SYRINGES, TO BLOOD
5 OR BODY FLUIDS WHICH WOULD PLACE AN EXPOSED PERSON AT SIGNIFICANT RISK
6 OF CONTRACTING HIV INFECTION IF THE BLOOD OR BODY FLUID WERE INFECTED
7 WITH HIV.
8 S 2. Subdivisions 1 and 2 of section 631 of the executive law, subdi-
9 vision 1 as amended by chapter 74 of the laws of 2007 and subdivision 2
10 as amended by chapter 162 of the laws of 2008, are amended to read as
11 follows:
12 1. No award shall be made unless the board or board member, as the
13 case may be, finds that (a) a crime was committed, (b) such crime
14 directly resulted in personal physical injury to, OR INCIDENTAL EXPOSURE
15 TO HIV, or the exacerbation of a preexisting disability, or condition,
16 or death of, the victim, and (c) criminal justice agency records show
17 that such crime was promptly reported to the proper authorities; and in
18 no case may an award be made where the criminal justice agency records
19 show that such report was made more than one week after the occurrence
20 of such crime unless the board, for good cause shown, finds the delay to
21 have been justified; provided, however, in cases involving an alleged
22 sex offense as contained in article one hundred thirty of the penal law
23 or incest as defined in section 255.25, 255.26 or 255.27 of the penal
24 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
1 or sex trafficking as defined in section 230.34 of the penal law or an
2 offense chargeable as a family offense as described in section eight
3 hundred twelve of the family court act or section 530.11 of the criminal
4 procedure law, the criminal justice agency report need only be made
5 within a reasonable time considering all the circumstances, including
6 the victim's physical, emotional and mental condition and family situ-
7 ation. For the purposes of this subdivision, "criminal justice agency"
8 shall include, but not be limited to, a police department, a district
9 attorney's office, and any other governmental agency having responsibil-
10 ity for the enforcement of the criminal laws of the state provided,
11 however, that in cases involving such sex offense a criminal justice
12 agency shall also mean a family court, a governmental agency responsible
13 for child and/or adult protective services pursuant to title six of
14 article six of the social services law and/or title one of article
15 nine-B of the social services law, and any medical facility established
16 under the laws of the state that provides a forensic physical examina-
17 tion for victims of rape and sexual assault.
18 2. Any award made pursuant to this article shall be in an amount not
19 exceeding out-of-pocket expenses, including indebtedness reasonably
20 incurred for medical or other services necessary as a result of the
21 injury upon which the claim is based; loss of earnings or support
22 resulting from such injury not to exceed thirty thousand dollars; burial
23 expenses not exceeding six thousand dollars of a victim who died as a
24 direct result of a crime; the costs of crime scene cleanup and securing
25 of a crime scene not exceeding twenty-five hundred dollars; reasonable
26 relocation expenses not exceeding twenty-five hundred dollars; and the
27 unreimbursed cost of repair or replacement of articles of essential
28 personal property lost, damaged or destroyed as a direct result of the
29 crime. An award for loss of earnings shall include earnings lost by a
30 parent or guardian as a result of the hospitalization of a child victim
31 under age eighteen for injuries sustained as a direct result of a crime.
32 In addition to the medical or other services necessary as a result of
33 the injury upon which the claim is based, an award may be made for reha-
34 bilitative occupational training for the purpose of job retraining or
35 similar employment-oriented rehabilitative services based upon the
36 claimant's medical and employment history. For the purpose of this
37 subdivision, rehabilitative occupational training shall include but not
38 be limited to educational training and expenses. An award for rehabili-
39 tative occupational training may be made to a victim, or to a family
40 member of a victim where necessary as a direct result of a crime. IN
41 CASES WHERE INCIDENTAL EXPOSURE HAS OCCURRED, THE VICTIMS WILL BE
42 COVERED FOR THE EXPENSES INCURRED AS THE RESULT OF AN APPROPRIATE HIV
43 DIAGNOSTIC TEST APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION TO
44 DETERMINE IF THEY CONTRACTED HIV.
45 S 3. This act shall take effect on the thirtieth day after it shall
46 have become a law.
