New York 2025-2026 Regular Session

New York Assembly Bill A05604

Introduced
2/18/25  
Refer
2/18/25  

Caption

Creates crimes of reckless endangerment of public health with respect to HIV/AIDS transmission; creates crime of filing false instrument with respect to HIV/AIDS; provides for HIV/AIDS testing for alleged sex offenders and public health offenders; provides for contagious disease testing for persons in the custody of the department of corrections; provides that if an incarcerated individual tests positive notice shall be given to all employees that will have contact with such incarcerated individual.

Summary

Bill A05604 amends various sections of the penal law, criminal procedure law, and correction law to address the reckless transmission of HIV/AIDS. It establishes two new crimes: reckless endangerment of public health in the first and second degrees for individuals who knowingly engage in conduct that risks transmitting HIV/AIDS to others. Additionally, the bill mandates HIV testing for individuals arrested for certain crimes and for those entering correctional facilities, ensuring that health risks are managed and that victims can receive appropriate medical care based on offenders' HIV status.

Impact

The bill introduces significant changes to New York's penal and correction laws by criminalizing specific behaviors related to the transmission of HIV/AIDS. It creates new felonies for reckless endangerment of public health, which may lead to increased incarceration rates for those convicted. Furthermore, the requirement for HIV testing in correctional facilities aims to improve public health safety for both staff and inmates, potentially leading to better health outcomes and management of infectious diseases within the prison system.

Sentiment

The sentiment around Bill A05604 appears to be mixed, with supporters emphasizing the need for public health protection and accountability among individuals who are aware of their HIV status. Critics may raise concerns about the implications of criminalizing health-related behaviors and the potential stigma associated with HIV/AIDS, as well as the effectiveness of punitive measures in addressing public health issues.

Contention

Notable points of contention include the ethical implications of criminalizing the transmission of HIV/AIDS, with advocates for public health arguing that such measures may deter individuals from seeking testing and treatment. Additionally, there are concerns about the potential for discrimination against those living with HIV/AIDS and the adequacy of support systems for affected individuals. Opponents may argue that education and healthcare access are more effective than criminal penalties in managing public health risks.

Companion Bills

NY S02727

Same As Creates crimes of reckless endangerment of public health with respect to HIV/AIDS transmission; creates crime of filing false instrument with respect to HIV/AIDS; provides for HIV/AIDS testing for alleged sex offenders and public health offenders; provides for contagious disease testing for persons in the custody of the department of corrections; provides that if an incarcerated individual tests positive notice shall be given to all employees that will have contact with such incarcerated individual.

Previously Filed As

NY S01310

Creates crimes of reckless endangerment of public health with respect to HIV/AIDS transmission; creates crime of filing false instrument with respect to HIV/AIDS; provides for HIV/AIDS testing for alleged sex offenders and public health offenders; provides for contagious disease testing for persons in the custody of the department of corrections; provides that if an incarcerated individual tests positive notice shall be given to all employees that will have contact with such incarcerated individual.

NY A02688

Creates crimes of reckless endangerment of public health with respect to HIV/AIDS transmission; creates crime of filing false instrument with respect to HIV/AIDS; provides for HIV/AIDS testing for alleged sex offenders and public health offenders; provides for contagious disease testing for persons in the custody of the department of corrections; provides that if an incarcerated individual tests positive notice shall be given to all employees that will have contact with such incarcerated individual.

NY S02727

Creates crimes of reckless endangerment of public health with respect to HIV/AIDS transmission; creates crime of filing false instrument with respect to HIV/AIDS; provides for HIV/AIDS testing for alleged sex offenders and public health offenders; provides for contagious disease testing for persons in the custody of the department of corrections; provides that if an incarcerated individual tests positive notice shall be given to all employees that will have contact with such incarcerated individual.

NY A09257

Authorizes the medical testing for infection with the AIDS virus of certain incarcerated individuals applying for certain privileges such as marriage, temporary release program, and family reunions; authorizes the disclosure of such test results for such purposes; authorizes the notification of correctional personnel of incarcerated individuals having symptoms of AIDS; authorizes commissioner to deny access of the incarcerated individual to such privileges if they test positive.

NY S07983

Relates to required notification of an incarcerated individual's emergency contacts when such incarcerated individual experiences a serious medical event; provides that incarcerated individuals and their representatives shall have the right to access such incarcerated individual's medical records; provides requirements for access to such medical records; establishes an independent medical oversight body to monitor and evaluate the quality of medical care provided to incarcerated individuals within correctional facilities and to ensure compliance with constitutional and statutory requirements for adequate medical care; provides penalties for certain violations; requires the department of corrections and community supervision to collect data on medical incidents, response times, and correctional facility compliance with certain requirements, and to publish an annual report detailing such data.

NY A08534

Prohibits discrimination against individuals who have tested positive for HIV with respect to life, accident, and health insurance coverage.

NY S01049

Enacts the "gender identity respect, dignity and safety act"; relates to the treatment and placement of incarcerated individuals based upon gender identity; requires that incarcerated individuals in state and local correctional facilities who have a gender identity different from their assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the person's gender identity; establishes that incarcerated individuals shall be placed in a correctional facility with persons of the gender that most closely aligns with such person's self-attested gender identity unless the person opts out of such placement.

NY A05478

Enacts the "gender identity respect, dignity and safety act"; relates to the treatment and placement of incarcerated individuals based upon gender identity; requires that incarcerated individuals in state and local correctional facilities who have a gender identity different from their assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the person's gender identity; establishes that incarcerated individuals shall be presumptively placed in a correctional facility with persons of the gender that most closely aligns with such person's self-attested gender identity unless the person opts out of such placement.

NY A07576

Relates to required notification of an incarcerated individual's emergency contacts when such incarcerated individual experiences a serious medical event; provides that incarcerated individuals and their representatives shall have the right to access such incarcerated individual's medical records; provides requirements for access to such medical records; requires the department of corrections and community supervision to collect data on medical incidents and response times, and to publish an annual report detailing such data.

NY A09163

Provides for the review of policies and practices pertaining to infectious disease outbreaks in correctional facilities, including the treatment and prevention of the disease among incarcerated individuals and staff.

Similar Bills

No similar bills found.