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A00733 Summary:

BILL NOA00733A
 
SAME ASSAME AS S04545-A
 
SPONSORGonzalez-Rojas
 
COSPNSRGlick, Rosenthal, Bores, Simon, Epstein, Seawright, Simone, Forrest, Cruz, Kelles, Burdick, Taylor, Raga, Lee, Shimsky, Clark, Otis, Gallagher, Shrestha, Mamdani, Cunningham, Lavine, Lasher, Reyes, Torres, Alvarez, Hevesi, Romero, Woerner
 
MLTSPNSR
 
Rpld §2307, Pub Health L
 
Repeals provisions relating to persons knowing themselves to be infected with venereal disease.
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A00733 Actions:

BILL NOA00733A
 
01/08/2025referred to codes
05/27/2025amend (t) and recommit to codes
05/27/2025print number 733a
06/05/2025reported referred to rules
06/16/2025reported
06/16/2025rules report cal.770
06/16/2025ordered to third reading rules cal.770
06/16/2025substituted by s4545a
 S04545 AMEND=A HOYLMAN-SIGAL
 02/06/2025REFERRED TO CODES
 04/09/20251ST REPORT CAL.680
 04/10/20252ND REPORT CAL.
 04/15/2025ADVANCED TO THIRD READING
 05/27/2025AMENDED ON THIRD READING (T) 4545A
 06/12/2025PASSED SENATE
 06/12/2025DELIVERED TO ASSEMBLY
 06/12/2025referred to codes
 06/16/2025substituted for a733a
 06/16/2025ordered to third reading rules cal.770
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A00733 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A733A
 
SPONSOR: Gonzalez-Rojas
  TITLE OF BILL: An act to repeal section 2307 of the public health law relating to persons knowing themselves to be infected with venereal disease   PURPOSE OR GENERAL IDEA OF BILL: This bill decriminalizes people living with sexual transmitted infections who engage in consensual sexual activity.   SUMMARY OF PROVISIONS: Section 1 repeals Section 2307 of the public health law. Section 2 amends Section 160.50 of the criminal procedure law to read as follows: the conviction was for the violation of former section 2307 of the public health law. Section 3 this act shall take effect immediately and no prosecution or action shall be commenced or continued pursuant to section 2307 of the public health law as repealed pursuant to section one of this act on or after such date.   JUSTIFICATION: New York's HIV and STI criminalization law, Public Health Law § 2307, is at odds with modern public health policy. The law first came into effect in 1909 to control the spread of Venereal disease solely to the armed forces. During the World War II era, combating STIs became a national priority because, at the time, medical treatment took soldiers out of commission for months. In 1946, the legislature made the law applicable for the first time to the entire public. 76 years later, the law, still based on obsolete medicine and history, remains an unchanged relic. Modern medicine knows that widespread testing is essential to treating and reducing transmission of all diseases; yet this law disincentivizes testing for some diseases, as knowledge of one's status could lead to prosecution. There is no research or data supporting the idea that laws criminalizing diseases do anything to lower transmission rates or encourage treatment or disclosure of one's status. Disease criminaliza- tion directly conflicts with public health goals and weakens any effec- tive response from public health entities by promoting stigma and shame that can delay or prevent treatment. Moreover, PHL § 2307 has a disproportionate effect on communities of color, especially LGBTQ communities of color. The law reflects oversized fear, stereotyping of those affected by the disease, and assignment of blame to already-marginalized members of society, such as the poor, sex workers, Black and Brown communities, and new immigrants. When a disease can be sexually transmitted, moral panic and stereotypes about the sexu- al practices of these groups can lead to laws that punish and condemn, rather than provide care. These criminal laws are based on an outdated understanding of the routes and risks of transmission and reflect invi- dious discrimination against people living with HIV and other stigma- tized diseases. Repealing PHL § 2307 updates New York's law to reflect today's under- standing that responding to health care problems with carceral solutions is ineffective, stigmatizing, and discriminatory.   PRIOR LEGISLATIVE HISTORY: 2023: Introduced. Referred to the Codes Committee - advanced to 3rd reading. 01/2024: Introduced and reported to codes 03/2024: Amended and reported to codes. Advanced to third reading. 01/2025: Referred to codes   FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENTS: None yet   EFFECTIVE DATE:; This act shall take effect immediately.
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A00733 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         733--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M. of A. GONZALEZ-ROJAS, GLICK, ROSENTHAL, BORES, SIMON,
          EPSTEIN, SEAWRIGHT, SIMONE, FORREST, CRUZ,  KELLES,  BURDICK,  TAYLOR,
          RAGA,   LEE,  SHIMSKY,  CLARK,  OTIS,  GALLAGHER,  SHRESTHA,  MAMDANI,
          CUNNINGHAM, LAVINE, LASHER, REYES, TORRES, ALVAREZ, HEVESI, ROMERO  --
          read  once  and  referred  to  the  Committee  on  Codes  -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT 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. This act shall take effect  immediately  and  no  prosecution  or
     3  action  shall  be commenced or continued pursuant to section 2307 of the
     4  public health law as repealed pursuant to section one of this act on  or
     5  after such date.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02064-03-5
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