Bill Text: NY A07351 | 2017-2018 | General Assembly | Introduced
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
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. LBD11112-01-7A. 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.