New York 2025-2026 Regular Session

New York Senate Bill S02727

Introduced
1/22/25  
Refer
1/22/25  

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 S02727 aims to amend the penal law, criminal procedure law, and correction law in New York to address the transmission of HIV/AIDS. It criminalizes reckless behavior that endangers public health by transmitting HIV/AIDS, establishing two degrees of reckless endangerment. The bill also mandates HIV testing for individuals arrested for certain crimes, particularly sex offenses, and requires testing for all individuals entering the correctional system. Additionally, it stipulates that if an incarcerated individual tests positive for HIV/AIDS, relevant staff must be notified to ensure proper care and safety protocols are followed.

Impact

The bill introduces significant changes to how HIV/AIDS is treated under New York law, creating new felonies for reckless endangerment related to HIV transmission. It also alters the procedures for testing individuals in the correctional system and those arrested for specific offenses, thereby impacting public health policy and the legal responsibilities of health care providers and correctional facilities. This could lead to increased testing and monitoring of HIV/AIDS within the state, potentially affecting the resources allocated to public health and correctional health services.

Sentiment

The sentiment surrounding Bill S02727 appears to be mixed, with some support for its intent to protect public health and prevent the spread of HIV/AIDS. However, there are concerns regarding the implications for individuals living with HIV/AIDS, particularly regarding stigma and the potential for criminalization of their health status. Discussions have highlighted the need for a balance between public health safety and the rights of individuals.

Contention

Notable points of contention include the potential criminalization of individuals living with HIV/AIDS, which some advocates argue could lead to further stigmatization and discrimination. Concerns have also been raised about the adequacy of health care and support for those who test positive, as well as the ethics of mandatory testing for incarcerated individuals. Supporters argue that the bill is necessary to protect public health and ensure accountability for those who knowingly endanger others.

Companion Bills

NY A05604

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 A05604

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.