Bill Text: NY A03347 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to criminal liability for persons living with sexually transmitted infections who engage in sexual activity; repeals provisions relating to persons knowing themselves to be infected with venereal disease.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced) 2024-03-21 - advanced to third reading cal.367 [A03347 Detail]

Download: New_York-2023-A03347-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3347

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M. of A. GONZALEZ-ROJAS, BORES -- read once and referred
          to the Committee on Codes

        AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
          relation to criminal liability for persons living with sexually trans-
          mitted infections who engage in sexual activity; and to repeal section
          2307  of  the public health law relating to persons knowing themselves
          to be infected with venereal disease

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 2307 of the public health law is REPEALED.
     2    §  2.  Subparagraph  (vi) of paragraph (k) of subdivision 3 of section
     3  160.50 of the criminal procedure law, as amended by chapter  92  of  the
     4  laws  of  2021, is amended and a new subparagraph (vii) is added to read
     5  as follows:
     6    (vi) the conviction was for an  offense  defined  in  section  222.10,
     7  222.15, 222.25 or 222.45 of the penal law[.]; or
     8    (vii)  the  conviction was for the violation of former section 2307 of
     9  the public health law.
    10    § 3. Section 15.10 of the penal law is amended to read as follows:
    11  § 15.10 Requirements for criminal liability in general and for  offenses
    12            of strict liability and mental culpability.
    13    1.  The  minimal requirement for criminal liability is the performance
    14  by a person of conduct which includes a voluntary act or the omission to
    15  perform an act which he is physically capable  of  performing.  If  such
    16  conduct  is all that is required for commission of a particular offense,
    17  or if an offense or some material element thereof  does  not  require  a
    18  culpable  mental  state on the part of the actor, such offense is one of
    19  "strict liability." If a culpable mental state on the part of the  actor
    20  is  required  with respect to every material element of an offense, such
    21  offense is one of "mental culpability."

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06946-01-3
        A. 3347                             2

     1    2. A person living with a sexually transmitted infection who has sexu-
     2  al contact or other activity with another  person  has  not  engaged  in
     3  conduct  or  activity  that  creates  criminal liability for any offense
     4  where their status as a person with a sexually transmitted infection  is
     5  a  factor.  For the purposes of this subdivision, a sexually transmitted
     6  infection is transmitted primarily if not  exclusively  through  sex  or
     7  intimate physical contact.
     8    §  4.  This  act  shall  take effect immediately and no prosecution or
     9  action shall be commenced or continued pursuant to section 2307  of  the
    10  public  health law as repealed pursuant to section one of this act on or
    11  after such date.