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PAG LIN
1 1 Section 1. Section 141.23, subsection 1, Code 1995, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. k. Counsel for the prosecution if a person
1 4 is charged with a crime which involves a dangerous weapon as
1 5 defined in section 702.7A sexual abuse in the second degree
1 6 pursuant to section 709.3 which also involves the knowing
1 7 transmission of HIV, sexual abuse in the third degree pursuant
1 8 to section 709.4 which also involves the knowing transmission
1 9 of HIV, or for the knowing transmission of HIV pursuant to
1 10 section 709.4A, for the sole purpose of establishing the
1 11 defendant's knowledge of the defendant's HIV status.
1 12 Sec. 2. Section 622.10, Code 1995, is amended by adding
1 13 the following new unnumbered paragraph:
1 14 NEW UNNUMBERED PARAGRAPH. Notwithstanding the prohibitions
1 15 of this section, the physician of a person charged with a
1 16 crime in which a dangerous weapon as defined pursuant to
1 17 section 702.7A, is involved, sexual abuse in the second degree
1 18 pursuant to section 709.3 which also involves the knowing
1 19 transmission of the human immunodeficiency virus, or sexual
1 20 abuse in the third degree pursuant to section 709.4 which also
1 21 involves the knowing transmission of the human
1 22 immunodeficiency virus, or for the knowing transmission of the
1 23 human immunodeficiency virus pursuant to section 709.4A, as
1 24 human immunodeficiency virus is defined in section 141.21,
1 25 shall disclose information to the counsel for the prosecution
1 26 only to the extent that the information establishes the
1 27 defendant's knowledge of the defendant's human
1 28 immunodeficiency virus status.
1 29 Sec. 3. NEW SECTION. 702.7A DANGEROUS WEAPON &endash;
1 30 INFECTIOUS BODILY FLUIDS.
1 31 For the purposes of sections 80A.4, 236.12, 708.1, 708.2,
1 32 708.2A, 708.2C, 708.6, 708.8, 708.11, 709.3, 710.3, 711.2,
1 33 713.4, 713.5, 713.6, and 719.1, "dangerous weapon" includes
1 34 the possibility of transfer of infectious bodily fluids as
1 35 defined in section 141.22A, when the alleged perpetrator knew
2 1 at the time of the commission of the offense that the person's
2 2 human immunodeficiency virus status was positive. The penalty
2 3 established for a crime cited in this section in which a
2 4 dangerous weapon is used or displayed, shall also apply to
2 5 crimes in which the dangerous weapon is defined pursuant to
2 6 this section, unless a specific penalty for the commission of
2 7 a crime by a person which involves the use or display of a
2 8 dangerous weapon as defined in this section is otherwise
2 9 established.
2 10 Sec. 4. Section 709.3, Code 1995, is amended to read as
2 11 follows:
2 12 709.3 SEXUAL ABUSE IN THE SECOND DEGREE.
2 13 A person commits sexual abuse in the second degree when the
2 14 person commits sexual abuse under any of the following
2 15 circumstances:
2 16 1. During the commission of sexual abuse the person
2 17 displays in a threatening manner a dangerous weapon, or uses
2 18 or threatens to use force creating a substantial risk of death
2 19 or serious injury to any person.
2 20 2. The other participant is under the age of twelve.
2 21 3. The person is aided or abetted by one or more persons
2 22 and the sex act is committed by force or against the will of
2 23 the other participant.
2 24 4. The offense under subsection 1, 2, or 3 involved the
2 25 possibility of transfer of infectious bodily fluids as defined
2 26 in section 141.22A, and the person knew at the time of the
2 27 commission of the offense that the person's human
2 28 immunodeficiency virus status was positive.
2 29 Sexual abuse in the second degree is a class "B" felony.
2 30 However, notwithstanding section 902.9, subsection 1, the
2 31 maximum sentence for a person convicted under subsection 4, is
2 32 for a period of confinement not to exceed fifty years.
2 33 Sec. 5. Section 709.4, Code 1995, is amended to read as
2 34 follows:
2 35 709.4 SEXUAL ABUSE IN THE THIRD DEGREE.
3 1 A person commits sexual abuse in the third degree when the
3 2 person performs a sex act under any of the following
3 3 circumstances:
3 4 1. The act is done by force or against the will of the
3 5 other participant, whether or not the other participant is the
3 6 person's spouse or is cohabiting with the person.
3 7 2. The act is between persons who are not at the time
3 8 cohabiting as husband and wife and if any of the following are
3 9 true:
3 10 a. The other participant is suffering from a mental defect
3 11 or incapacity which precludes giving consent.
3 12 b. The other participant is twelve or thirteen years of
3 13 age.
3 14 c. The other participant is fourteen or fifteen years of
3 15 age and any of the following are true:
3 16 (1) The person is a member of the same household as the
3 17 other participant.
3 18 (2) The person is related to the other participant by
3 19 blood or affinity to the fourth degree.
3 20 (3) The person is in a position of authority over the
3 21 other participant and uses that authority to coerce the other
3 22 participant to submit.
3 23 (4) The person is five or more years older than the other
3 24 participant.
3 25 3. The offense under subsection 1 or 2 involved the
3 26 possibility of transfer of infectious bodily fluids as defined
3 27 in section 141.22A, and the person knew at the time of the
3 28 commission of the offense that the person's human
3 29 immunodeficiency virus status was positive.
3 30 Sexual abuse in the third degree is a class "C" felony.
3 31 However, sexual abuse in the third degree, if committed
3 32 pursuant to subsection 3, is a class "B" felony.
3 33 Sec. 6. NEW SECTION. 709.4A SEXUAL ACTIVITY BY PERSON &endash;
3 34 KNOWING TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS.
3 35 A person who engages in sexual activity with another
4 1 person, in a manner capable of transmitting the human
4 2 immunodeficiency virus, as determined by the centers for
4 3 disease control and prevention of the United States department
4 4 of health and human services and adopted by rule of the Iowa
4 5 department of public health, who knows at the time of
4 6 engagement in the sexual activity that the person's human
4 7 immunodeficiency virus status is positive and who does not
4 8 inform the other participant of the person's status prior to
4 9 the sexual activity, is guilty of a class "B" felony.
4 10 Notwithstanding section 902.9, subsection 1, the maximum
4 11 sentence of a person convicted under this section is a period
4 12 of confinement not to exceed fifty years.
4 13 SF 7
4 14 pf/cc/26
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