STATE OF NEW YORK
________________________________________________________________________
1230
2025-2026 Regular Sessions
IN SENATE
January 8, 2025
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to HIV testing
in certain criminal cases
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 210.16 of the criminal procedure
2 law, as added by chapter 571 of the laws of 2007, is amended to read as
3 follows:
4 6. The court shall conduct a hearing only if necessary to determine if
5 the applicant is the victim of the offense of which the defendant is
6 charged or to determine whether a follow-up test is medically appropri-
7 ate. The court ordered test must be performed within forty-eight hours
8 of the date on which the [court ordered the test] accusatory instrument
9 was filed, provided, however, that whenever the defendant is not tested
10 within the period prescribed by the court, the court must again order
11 that the defendant undergo an HIV related test. The defendant shall be
12 advised of information as to HIV testing and medical treatment in
13 accordance with any guidelines that may be issued by the commissioner of
14 health.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04148-01-5
