No. SB 764
Filed under Healthcare.
HIV Prevention Justice Act; Citing this act as the “HIV Prevention Justice Act”; reducing the degree of criminal penalty for certain persons who are infected with human immunodeficiency virus (HIV) and who donate blood, plasma, organs, skin, or other human tissue for use in another person; revising prohibitions relating to the intentional transmission of certain diseases through sexual conduct; revising requirements for HIV testing in cases involving criminal transmission of HIV, etc.
Plain English Summary
AI-GENERATEDCuts the crime of intentionally transmitting HIV or another listed disease through sexual conduct from a felony to a first-degree misdemeanor, and requires proof of intent, substantial risk, and actual transmission -- not just undisclosed sex.
Gives a full legal defense to someone who is following their doctor's treatment plan, or who offered to use protection and was refused, even if the disease is transmitted.
Also cuts the penalty for donating blood, plasma, organs, skin, or tissue while knowingly HIV-positive from a felony to a misdemeanor, and exempts donations a licensed physician deems medically appropriate.
Narrows mandatory HIV testing of convicted offenders by excluding saliva from what counts as body-fluid transmission, and repeals the Department of Health's authority to fine people for violating its disease rules.
AIViolating the sexual-conduct disease-transmission law no longer carries a felony penalty. What used to be a third-degree felony for a first violation and a first-degree felony for repeat violations is now, for every violation, a first-degree misdemeanor.
AIThe crime tied to sexual conduct now requires proof the person intended to transmit the disease, engaged in conduct posing a substantial risk of transmission, and actually transmitted it -- replacing a law that only required undisclosed sex while infected.
AIA person does not act with the intent required for the crime if they are following a doctor's treatment plan or behavioral guidance, or if they offered to follow it and their partner refused.
AIA person who tested positive, was told the results, and then commits a second qualifying offense such as sexual battery, incest, or a lewd or lascivious act used to face an added third-degree felony for criminal transmission of HIV. That add-on charge is now only a first-degree misdemeanor.
AIDonating blood, plasma, organs, skin, or other tissue while knowingly HIV-infected drops from a third-degree felony to a first-degree misdemeanor, and is not a crime at all if a licensed physician deems the donation medically appropriate.
AIOnly offenses involving transmission of body fluids other than saliva now trigger a court order for mandatory HIV testing of a convicted offender, narrowing which cases require it.
AIThe Department of Health's authority to fine people up to $500 per violation of its sexually-transmissible-disease rules, and to adopt rules enforcing that fine, is eliminated entirely.