Bill Text: NY A02991 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that a person is guilty of assault in 1st degree when such person recklessly engages in sexual conduct knowing he or she has tested positive for and has in fact contracted HIV.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-04 - referred to codes [A02991 Detail]
Download: New_York-2011-A02991-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2991 2011-2012 Regular Sessions I N A S S E M B L Y January 21, 2011 ___________ Introduced by M. of A. GABRYSZAK -- Multi-Sponsored by -- M. of A. PHEF- FER -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to assault and reckless endangerment by engaging in sexual conduct by persons who have contracted HIV THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 120.10 of the penal law, subdivision 4 as amended 2 by chapter 791 of the laws of 1967 and the closing paragraph as amended 3 by chapter 646 of the laws of 1996, is amended to read as follows: 4 S 120.10 Assault in the first degree. 5 A person is guilty of assault in the first degree when: 6 1. With intent to cause serious physical injury to another person, he 7 OR SHE causes such injury to such person or to a third person by means 8 of a deadly weapon or a dangerous instrument; or 9 2. With intent to disfigure another person seriously and permanently, 10 or to destroy, amputate or disable permanently a member or organ of his 11 OR HER body, he OR SHE causes such injury to such person or to a third 12 person; or 13 3. Under circumstances evincing a depraved indifference to human life, 14 he OR SHE recklessly engages in conduct which creates a grave risk of 15 death to another person, and thereby causes serious physical injury to 16 another person; or 17 4. In the course of and in furtherance of the commission or attempted 18 commission of a felony or of immediate flight therefrom, he OR SHE, or 19 another participant if there be any, causes serious physical injury to a 20 person other than one of the participants[.]; OR 21 5. SUCH PERSON HAS ACTUAL NOTICE THAT HE OR SHE HAS TESTED POSITIVE 22 FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND HAS IN FACT CONTRACTED HIV, 23 AND INTENTIONALLY OR, UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFER- 24 ENCE TO HUMAN LIFE RECKLESSLY, ENGAGES IN SEXUAL CONDUCT WITH ANOTHER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07720-01-1 A. 2991 2 1 PERSON, AND SUCH CONDUCT IS INTENDED OR REASONABLY LIKELY TO TRANSMIT 2 HIV TO SUCH OTHER PERSON AND THEREBY TRANSMITS HIV TO SUCH OTHER PERSON. 3 IT IS AN AFFIRMATIVE DEFENSE THAT SUCH OTHER PERSON KNEW THAT THE 4 DEFENDANT HAD TESTED POSITIVE FOR HIV, KNEW SUCH EXPOSURE COULD RESULT, 5 AND CONSENTED TO SUCH SEXUAL CONDUCT. FOR PURPOSES OF THIS SUBDIVISION, 6 "SEXUAL CONDUCT" SHALL MEAN "SEXUAL INTERCOURSE", "ORAL SEXUAL CONDUCT", 7 OR "ANAL SEXUAL CONDUCT" AS THOSE TERMS ARE DEFINED IN SECTION 130.00 OF 8 THIS TITLE. 9 Assault in the first degree is a class B felony. 10 S 2. Section 120.25 of the penal law is amended to read as follows: 11 S 120.25 Reckless endangerment in the first degree. 12 A person is guilty of reckless endangerment in the first degree when[, 13 under]: 14 1. UNDER circumstances evincing a depraved indifference to human life, 15 he OR SHE recklessly engages in conduct which creates a grave risk of 16 death to another person[.]; OR 17 2. SUCH PERSON HAS ACTUAL NOTICE THAT HE OR SHE HAS TESTED POSITIVE 18 FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND HAS IN FACT CONTRACTED HIV, 19 AND INTENTIONALLY OR, UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFER- 20 ENCE TO HUMAN LIFE RECKLESSLY, ENGAGES IN SEXUAL CONDUCT WITH ANOTHER 21 PERSON, AND SUCH CONDUCT IS INTENDED OR REASONABLY LIKELY TO TRANSMIT 22 HIV TO SUCH OTHER PERSON. IT IS AN AFFIRMATIVE DEFENSE THAT SUCH OTHER 23 PERSON KNEW THAT THE DEFENDANT HAD TESTED POSITIVE FOR HIV, KNEW SUCH 24 EXPOSURE COULD RESULT, AND CONSENTED TO SUCH SEXUAL CONDUCT. FOR 25 PURPOSES OF THIS SUBDIVISION, "SEXUAL CONDUCT" SHALL MEAN "SEXUAL INTER- 26 COURSE", "ORAL SEXUAL CONDUCT", OR "ANAL SEXUAL CONDUCT" AS THOSE TERMS 27 ARE DEFINED IN SECTION 130.00 OF THIS TITLE. 28 Reckless endangerment in the first degree is a class D felony. 29 S 3. This act shall take effect on the ninetieth day after it shall 30 have become a law.