Bill Text: NY A07351 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides a means for an individual, who may have been infected by the AIDS virus during the course of a crime, to receive funds from the crime victims compensation board for appropriate HIV diagnostic testing to determine if such individual had contracted HIV; defines the term "incidental exposure" to mean an exposure, other than consensual sexual contact or sharing hypodermic needles or syringes, to blood or body fluids which would place an exposed person at significant risk of contracting the HIV infection if the blood or body fluid were infected with HIV.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2018-01-03 - referred to health [A07351 Detail]

Download: New_York-2017-A07351-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7351
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 24, 2017
                                       ___________
        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:
     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    § 2.  Subdivisions 1 and 2 of section 631 of the executive law, subdi-
     9  vision  1  as amended by section 22 of part A1 of chapter 56 of the laws
    10  of 2010 and subdivision 2 as amended by chapter 162 of the laws of 2008,
    11  are amended to read as follows:
    12    1. No award shall be made unless the office finds that (a) a crime was
    13  committed, (b) such crime directly resulted in personal physical  injury
    14  to  or  incidental  exposure  to  HIV, the exacerbation of a preexisting
    15  disability, or condition, or death of,  the  victim,  and  (c)  criminal
    16  justice agency records show that such crime was promptly reported to the
    17  proper authorities; and in no case may an award be made where the crimi-
    18  nal  justice agency records show that such report was made more than one
    19  week after the occurrence of such crime  unless  the  office,  for  good
    20  cause  shown, finds the delay to have been justified; provided, however,
    21  in cases involving an alleged sex offense as contained  in  article  one
    22  hundred  thirty of the penal law or incest as defined in section 255.25,
    23  255.26 or 255.27 of the penal law or labor  trafficking  as  defined  in
    24  section 135.35 of the penal law or sex trafficking as defined in section
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11112-01-7
        A. 7351                             2
     1  230.34  of the penal law or an offense chargeable as a family offense as
     2  described in section eight hundred twelve of the  family  court  act  or
     3  section 530.11 of the criminal procedure law, the criminal justice agen-
     4  cy report need only be made within a reasonable time considering all the
     5  circumstances,  including  the  victim's  physical, emotional and mental
     6  condition and family situation. For the purposes  of  this  subdivision,
     7  "criminal justice agency" shall include, but not be limited to, a police
     8  department,  a  district  attorney's  office, and any other governmental
     9  agency having responsibility for the enforcement of the criminal laws of
    10  the state provided, however, that in cases involving such sex offense  a
    11  criminal  justice  agency shall also mean a family court, a governmental
    12  agency responsible for child and/or adult protective  services  pursuant
    13  to  title six of article six of the social services law and/or title one
    14  of article nine-B of the social services law, and any  medical  facility
    15  established  under  the laws of the state that provides a forensic phys-
    16  ical examination for victims of rape and sexual assault.
    17    2. Any award made pursuant to this article shall be in an  amount  not
    18  exceeding  out-of-pocket  expenses,  including  indebtedness  reasonably
    19  incurred for medical or other services necessary  as  a  result  of  the
    20  injury  upon  which  the  claim  is  based;  loss of earnings or support
    21  resulting from such injury not to exceed thirty thousand dollars; burial
    22  expenses not exceeding six thousand dollars of a victim who  died  as  a
    23  direct  result of a crime; the costs of crime scene cleanup and securing
    24  of a crime scene not exceeding twenty-five hundred  dollars;  reasonable
    25  relocation  expenses  not exceeding twenty-five hundred dollars; and the
    26  unreimbursed cost of repair or  replacement  of  articles  of  essential
    27  personal  property  lost, damaged or destroyed as a direct result of the
    28  crime. An award for loss of earnings shall include earnings  lost  by  a
    29  parent  or guardian as a result of the hospitalization of a child victim
    30  under age eighteen for injuries sustained as a direct result of a crime.
    31  In addition to the medical or other services necessary as  a  result  of
    32  the injury upon which the claim is based, an award may be made for reha-
    33  bilitative  occupational  training  for the purpose of job retraining or
    34  similar  employment-oriented  rehabilitative  services  based  upon  the
    35  claimant's  medical  and  employment  history.  For  the purpose of this
    36  subdivision, rehabilitative occupational training shall include but  not
    37  be  limited to educational training and expenses. An award for rehabili-
    38  tative occupational training may be made to a victim,  or  to  a  family
    39  member  of  a  victim where necessary as a direct result of a crime.  In
    40  cases where incidental  exposure  has  occurred,  the  victims  will  be
    41  covered  for  the  expenses incurred as the result of an appropriate HIV
    42  diagnostic test approved by the federal food and drug administration  to
    43  determine if they contracted HIV.
    44    §  3.   This act shall take effect on the thirtieth day after it shall
    45  have become a law.