Senate File 2297 H-8118 Amend Senate File 2297, as passed by the Senate, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. NEW SECTION . 709D.1 Title. 5 This chapter shall be known and may be cited as the 6 “Contagious or Infectious Disease Transmission Act” . 7 Sec. 2. NEW SECTION . 709D.2 Definitions. 8 As used in this chapter, unless the context 9 otherwise requires: 10 1. “Contagious or infectious disease” means 11 hepatitis in any form, meningococcal disease, AIDS or 12 HIV as defined in section 141A.1, or tuberculosis. 13 2. “Exposes” means any of the following: 14 a. Engages in intimate contact with another person. 15 b. Transfers, donates, or provides the 16 person’s blood, tissue, semen, organs, or other 17 potentially infectious bodily fluids for transfusion, 18 transplantation, insemination, or other administration 19 to another person. 20 c. Dispenses, delivers, exchanges, sells, or in any 21 other way transfers to another person any nonsterile 22 intravenous or intramuscular drug paraphernalia 23 previously used by the person infected with the 24 contagious or infectious disease. 25 d. Any other conduct that poses a measurable risk 26 of transmission of a contagious or infectious disease. 27 3. “Intimate contact” means the intentional 28 exposure of the body of one person to a bodily fluid 29 of another person in a manner that could result in the 30 transmission of the contagious or infectious disease. 31 Sec. 3. NEW SECTION . 709D.3 Criminal transmission 32 of a contagious or infectious disease. 33 1. A person commits a class “B” felony when the 34 person knows the person is infected with a contagious 35 or infectious disease and exposes an uninfected person 36 to the contagious or infectious disease with the intent 37 that the uninfected person contract the contagious or 38 infectious disease. 39 2. A person commits a class “C” felony when the 40 person knows the person is infected with a contagious 41 or infectious disease and exposes an uninfected person 42 to the contagious or infectious disease acting with a 43 reckless disregard as to whether the uninfected person 44 contracts the contagious or infectious disease. 45 3. A person commits a class “D” felony when the 46 person knows the person is infected with a contagious 47 or infectious disease and exposes an uninfected 48 person to the contagious or infectious disease without 49 informing the uninfected person about the infected 50 -1- SF2297.3316 (2) 85 pf/nh 1/ 4 #1.

person’s status as a person infected with a contagious 1 or infectious disease so as to permit the uninfected 2 person to adequately protect themselves from becoming 3 infected with the contagious or infectious disease. 4 4. The act of becoming pregnant while infected 5 with a contagious or infectious disease, continuing 6 a pregnancy while infected with a contagious or 7 infectious disease, or declining treatment for a 8 contagious or infectious disease during pregnancy shall 9 not constitute a crime under this chapter. 10 5. A person does not act with the intent required 11 pursuant to subsection 1 or with the reckless disregard 12 required pursuant to subsection 2, if the person has 13 been advised by a person licensed to practice medicine 14 and surgery or osteopathic medicine and surgery, or by 15 a physician assistant that the infected person poses no 16 measurable risk of transmission of the contagious or 17 infectious disease to an uninfected person. 18 6. It is an affirmative defense to a charge under 19 this section if the person exposed to the contagious or 20 infectious disease knew that the infected person was 21 infected with the contagious or infectious disease at 22 the time of the exposure and consented to exposure with 23 that knowledge. 24 Sec. 4. NEW SECTION . 709D.4 Additional remedies. 25 This chapter shall not be construed to preclude the 26 use of any other civil or criminal remedy available 27 relating to the transmission of a contagious or 28 infectious disease. 29 Sec. 5. Section 141A.9, subsection 2, paragraph i, 30 Code 2014, is amended to read as follows: 31 i. Pursuant to sections 915.42 and 915.43 , to a 32 convicted or alleged sexual assault offender; the 33 physician or other health care provider who orders the 34 test of a convicted or alleged offender; the victim; 35 the parent, guardian, or custodian of the victim if 36 the victim is a minor; the physician of the victim if 37 requested by the victim; the victim counselor or person 38 requested by the victim to provide counseling regarding 39 the HIV-related test and results; the victim’s spouse; 40 persons with whom the victim has engaged in vaginal, 41 anal, or oral intercourse subsequent to the sexual 42 assault; members of the victim’s family within the 43 third degree of consanguinity; and the county attorney 44 who may use the results as evidence in the prosecution 45 of sexual assault under chapter 915, subchapter V , or 46 prosecution of the offense of criminal transmission of 47 HIV a contagious or infectious disease under chapter 48 709C 709D . For the purposes of this paragraph, 49 “victim” means victim as defined in section 915.40 . 50 -2- SF2297.3316 (2) 85 pf/nh 2/ 4

Sec. 6. Section 692A.101, subsection 1, paragraph 1 a, subparagraph (9), Code 2014, is amended by striking 2 the subparagraph and inserting in lieu thereof the 3 following: 4 (9) Criminal transmission of a contagious or 5 infectious disease in violation of section 709D.3 6 through intimate contact as defined in section 709D.2. 7 Sec. 7. Section 692A.102, subsection 1, paragraph 8 c, subparagraph (23), Code 2014, is amended by striking 9 the subparagraph and inserting in lieu thereof the 10 following: 11 (23) Criminal transmission of a contagious or 12 infectious disease in violation of section 709D.3 13 through intimate contact as defined in section 709D.2. 14 Sec. 8. Section 915.43, subsections 4 and 5, Code 15 2014, are amended to read as follows: 16 4. Results of a test performed under this 17 subchapter , except as provided in subsection 13 , 18 shall be disclosed only to the physician or other 19 practitioner who orders the test of the convicted or 20 alleged offender; the convicted or alleged offender; 21 the victim; the victim counselor or person requested 22 by the victim to provide counseling regarding the 23 HIV-related test and results; the physician of 24 the victim if requested by the victim; the parent, 25 guardian, or custodian of the victim, if the victim 26 is a minor; and the county attorney who filed the 27 petition for HIV-related testing under this chapter , 28 who may use the results to file charges of criminal 29 transmission of HIV a contagious or infectious disease 30 under chapter 709C 709D . Results of a test performed 31 under this subchapter shall not be disclosed to any 32 other person without the written informed consent of 33 the convicted or alleged offender. A person to whom 34 the results of a test have been disclosed under this 35 subchapter is subject to the confidentiality provisions 36 of section 141A.9 , and shall not disclose the results 37 to another person except as authorized by section 38 141A.9, subsection 2 , paragraph “i” . 39 5. If testing is ordered under this subchapter , 40 the court shall also order periodic testing of the 41 convicted offender during the period of incarceration, 42 probation, or parole or of the alleged offender during 43 a period of six months following the initial test if 44 the physician or other practitioner who ordered the 45 initial test of the convicted or alleged offender 46 certifies that, based upon prevailing scientific 47 opinion regarding the maximum period during which the 48 results of an HIV-related test may be negative for a 49 person after being HIV-infected, additional testing is 50 -3- SF2297.3316 (2) 85 pf/nh 3/ 4

necessary to determine whether the convicted or alleged 1 offender was HIV-infected at the time the sexual 2 assault or alleged sexual assault was perpetrated. 3 The results of the test conducted pursuant to this 4 subsection shall be released only to the physician or 5 other practitioner who orders the test of the convicted 6 or alleged offender, the convicted or alleged offender, 7 the victim counselor or person requested by the victim 8 to provide the counseling regarding the HIV-related 9 test and results who shall disclose the results to the 10 petitioner, the physician of the victim, if requested 11 by the victim, and the county attorney who may use 12 the results as evidence in the prosecution of the 13 sexual assault or in the prosecution of the offense of 14 criminal transmission of HIV a contagious or infectious 15 disease under chapter 709C 709D . 16 Sec. 9. REPEAL. Chapter 709C, Code 2014, is 17 repealed. 18 Sec. 10. EFFECTIVE UPON ENACTMENT. This Act, being 19 deemed of immediate importance, takes effect upon 20 enactment. > 21 ______________________________ COMMITTEE ON JUDICIARY BALTIMORE of Boone, Chairperson -4- SF2297.3316 (2) 85 pf/nh 4/ 4