Senate passes repeal of HIV/STI criminalization after heated floor debate

Albany — The New York State Senate on May 28 passed legislation repealing a provision of the Public Health Law that criminalized certain knowingly spreading of sexually transmitted infections, drawing sharply divided floor debate before the measure prevailed.

Senator Borrello opposed the repeal, describing a decades-old case in his district and warning the measure would remove criminal liability for intentionally infecting partners. "This is a pro-sexual predator bill, and anti-woman bill," he said, urging colleagues to vote no. He was recorded in the negative.

Senator Salazar defended the repeal, saying criminalization harms people living with STIs and survivors of intimate-partner abuse by deterring them from seeking care and by empowering abusers to use criminal statutes as a control tactic. "Ending HIV criminalization is essential to these individuals' dignity, autonomy and safety," Salazar said as she announced her aye vote.

Senator Chan also announced he would vote no, recounting a policing and prosecution experience involving a defendant who tested HIV positive and arguing that intentional exposure does occur.

The presiding officer recorded negative votes from multiple senators after the explanations, and the secretary announced that the bill was passed.

Why it matters: Supporters said the repeal aligns criminal law with contemporary public-health practice and reduces stigma that deters testing and treatment. Opponents said the change removes a tool to hold accountable people who intentionally infect others, citing past convictions in their districts.

What comes next: The bill was recorded as passed on the Senate floor; the measure will proceed according to the legislative process toward final enactment if taken up by the Governor. The session record shows legislators on both sides signaled continuing concerns about public safety and survivor protections during debate.