A10276 Summary:

BILL NOA10276
 
SAME ASNo Same As
 
SPONSORLiPetri
 
COSPNSRSmullen, Manktelow
 
MLTSPNSRHawley, Tague
 
Add 120.19, Pen L; amd 510.10, 530.20 & 530.40 CP L
 
Establishes the crime of intentional exposure to communicable disease making it an E felony to knowingly and deliberately expose another individual to a communicable disease in a manner likely to cause transmission and making such crime a qualifying offense for the purposes of pre-trial detention.
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A10276 Actions:

BILL NOA10276
 
04/08/2020referred to codes
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A10276 Committee Votes:

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A10276 Floor Votes:

There are no votes for this bill in this legislative session.
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A10276 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10276
 
                   IN ASSEMBLY
 
                                      April 8, 2020
                                       ___________
 
        Introduced  by M. of A. LiPETRI -- read once and referred to the Commit-
          tee on Codes
 
        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation to establishing the crime of intentional exposure to communi-
          cable  disease  and  making  such  crime  a qualifying offense for the
          purposes of pre-trial detention

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The penal law is amended by adding a new section 120.19 to
     2  read as follows:
     3  § 120.19 Intentional exposure to communicable disease.
     4    A person is guilty of intentional  exposure  to  communicable  disease
     5  when,  knowing  that he or she is a carrier of a communicable disease as
     6  defined in section two of the public health law, he or she knowingly and
     7  deliberately exposes another individual to such communicable disease  in
     8  a manner likely to cause transmission.
     9    Intentional exposure to communicable disease is a class E felony.
    10    §  2. Paragraphs (h) and (i) of subdivision 4 of section 510.10 of the
    11  criminal procedure law, as added by section 2 of part JJJ of chapter  59
    12  of the laws of 2019, are amended to read as follows:
    13    (h)  criminal  contempt in the second degree as defined in subdivision
    14  three of section 215.50 of the penal law, criminal contempt in the first
    15  degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
    16  the  penal  law  or  aggravated  criminal contempt as defined in section
    17  215.52 of the penal law, and the underlying allegation of such charge of
    18  criminal contempt in the second degree, criminal contempt in  the  first
    19  degree  or aggravated criminal contempt is that the defendant violated a
    20  duly served order of protection where the protected party is a member of
    21  the defendant's same family or household as defined in  subdivision  one
    22  of section 530.11 of this article; [or]
    23    (i)  facilitating  a  sexual  performance by a child with a controlled
    24  substance or alcohol as defined in section 263.30 of the penal law,  use
    25  of  a  child in a sexual performance as defined in section 263.05 of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16106-02-0

        A. 10276                            2
 
     1  penal law or luring a child as defined in  subdivision  one  of  section
     2  120.70 of the penal law; or
     3    (j) intentional exposure to communicable disease as defined in section
     4  120.19 of the penal law.
     5    §  3.  Subparagraphs (viii) and (ix) of paragraph (b) of subdivision 1
     6  of section 530.20 of the criminal procedure law, as added by section  16
     7  of  part  JJJ  of chapter 59 of the laws of 2019, are amended to read as
     8  follows:
     9    (viii) criminal contempt in the second degree as defined  in  subdivi-
    10  sion  three of section 215.50 of the penal law, criminal contempt in the
    11  first degree as defined in subdivision (b), (c) or (d) of section 215.51
    12  of the penal law or aggravated criminal contempt as defined  in  section
    13  215.52 of the penal law, and the underlying allegation of such charge of
    14  criminal  contempt  in the second degree, criminal contempt in the first
    15  degree or aggravated criminal contempt is that the defendant violated  a
    16  duly served order of protection where the protected party is a member of
    17  the  defendant's  same family or household as defined in subdivision one
    18  of section 530.11 of this article; [or]
    19    (ix) facilitating a sexual performance by a child  with  a  controlled
    20  substance  or alcohol as defined in section 263.30 of the penal law, use
    21  of a child in a sexual performance as defined in section 263.05  of  the
    22  penal  law  or  luring  a child as defined in subdivision one of section
    23  120.70 of the penal law; or
    24    (x) intentional exposure to communicable disease as defined in section
    25  120.19 of the penal law.
    26    § 4. Paragraphs (h) and (i) of subdivision 4 of section 530.40 of  the
    27  criminal procedure law, as added by section 18 of part JJJ of chapter 59
    28  of the laws of 2019, are amended to read as follows:
    29    (h)  criminal  contempt in the second degree as defined in subdivision
    30  three of section 215.50 of the penal law, criminal contempt in the first
    31  degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
    32  the  penal  law  or  aggravated  criminal contempt as defined in section
    33  215.52 of the penal law, and the underlying allegation of such charge of
    34  criminal contempt in the second degree, criminal contempt in  the  first
    35  degree  or aggravated criminal contempt is that the defendant violated a
    36  duly served order of protection where the protected party is a member of
    37  the defendant's same family or household as defined in  subdivision  one
    38  of section 530.11 of this article; [or]
    39    (i)  facilitating  a  sexual  performance by a child with a controlled
    40  substance or alcohol as defined in section 263.30 of the penal law,  use
    41  of  a  child in a sexual performance as defined in section 263.05 of the
    42  penal law or luring a child as defined in  subdivision  one  of  section
    43  120.70 of the penal law; or
    44    (j) intentional exposure to communicable disease as defined in section
    45  120.19 of the penal law.
    46    §  5.  This  act shall take effect on the thirtieth day after it shall
    47  have become a law.
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