Bill Text: NY S04603 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 7-0)
Status: (Engrossed) 2024-06-05 - referred to codes [S04603 Detail]
Download: New_York-2023-S04603-Introduced.html
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 7-0)
Status: (Engrossed) 2024-06-05 - referred to codes [S04603 Detail]
Download: New_York-2023-S04603-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4603 2023-2024 Regular Sessions IN SENATE February 13, 2023 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed 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 Section 2307 of the public health law is REPEALED. 2 § 2.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. LBD06946-01-3S. 4603 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.