Bill Text: NY A10276 | 2019-2020 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2020-04-08 - referred to codes [A10276 Detail]
Download: New_York-2019-A10276-Introduced.html
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. LBD16106-02-0A. 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.