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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. The county attorney, if the subject of
1 4 the test is a convicted offender as defined in section 709B.1,
1 5 and if the test is required pursuant to chapter 709B, for the
1 6 sole purpose of establishing that the convicted offender knew
1 7 that the convicted offender's HIV status was positive at the
1 8 time of the commission of the offense.
1 9 Sec. 2. NEW SECTION. 709.4A KNOWING TRANSMISSION OF THE
1 10 HUMAN IMMUNODEFICIENCY VIRUS IN THE COMMISSION OF A SEXUAL
1 11 ASSAULT &endash; ENHANCEMENT OF SENTENCE.
1 12 1. A person who is a convicted offender as defined in
1 13 section 709B.1, and who at the time of the commission of the
1 14 offense knew that the person's human immunodeficiency virus
1 15 status was positive shall receive a three-year enhancement for
1 16 each violation in addition to the sentence provided for
1 17 commission of the offense.
1 18 2. Notwithstanding section 709B.3, the county attorney may
1 19 use test results received under section 709B.2 for the purpose
1 20 of proving the knowledge required of this section.
1 21 EXPLANATION
1 22 This bill provides for a three-year enhancement of a
1 23 sentence awarded a person who is convicted of sexual assault
1 24 if the person knew at the time of the commission of the
1 25 offense that the person had a human immunodeficiency virus
1 26 (HIV) status which was positive. The bill also provides for
1 27 an exemption to the confidentiality provisions regarding HIV-
1 28 related testing to allow the county attorney access to the
1 29 result of an HIV-related test of the convicted offender.
1 30 LSB 1075SS 76
1 31 pf/jw/5.1
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