Senate File 363 S-3104 Amend the amendment, S-3102, to Senate File 363 as 1 follows: 2 1. Page 1, by striking lines 4 through 30 and 3 inserting: 4 << Section 1. LEGISLATIVE FINDINGS. The general 5 assembly finds that establishing a sound criminal 6 justice and public health policy toward individuals 7 living with a contagious or infectious disease is 8 consistent with an evidence-based approach to disease 9 control that focuses on prevention strategies that 10 include notification of current and previously exposed 11 partners, evidence-based behavioral risk-reduction 12 programming, promotion of voluntary disclosure to 13 sexual and needle-sharing partners, and suppression of 14 viral load through engagement in care and treatment 15 programs. 16 Sec. 2. NEW SECTION . 709D.1 Title. 17 This chapter shall be known and may be cited as the 18 “Contagious or Infectious Disease Transmission Act” . 19 Sec. 3. NEW SECTION . 709D.2 Definitions. 20 As used in this chapter, unless the context 21 otherwise requires: 22 1. “Contagious or infectious disease” means 23 hepatitis in any form, meningococcal disease, AIDS or 24 HIV as defined in section 141A.1, or tuberculosis. 25 2. “Exposes” means engaging in conduct that poses 26 a substantial risk of transmission, but does not 27 include conduct posing a low or negligible risk of 28 transmission, consistent with guidance issued by the 29 centers for disease control and prevention of the 30 United States department of health and human services. 31 3. “Practical means to prevent transmission” means 32 substantial compliance with a treatment regimen 33 prescribed by a health care provider that measurably 34 limits the risk of transmission of the contagious 35 or infectious disease, substantial compliance with 36 behavioral recommendations of the infected person’s 37 health care provider or public health officials to 38 measurably limit the risk of transmission of the 39 contagious or infectious disease, or other methods 40 generally accepted by the medical profession to 41 measurably limit the risk of transmission of the 42 contagious or infectious disease, such as use of 43 a medically indicated respiratory mask or use of a 44 prophylactic device. 45 Sec. 4. NEW SECTION . 709D.3 Criminal transmission 46 of a contagious or infectious disease. 47 1. A person commits a class “C” felony when the 48 person knows the person is infected with a contagious 49 or infectious disease and exposes an uninfected person 50 -1- S3102.1384 (3) 85 pf/nh 1/ 5 #1.

to the contagious or infectious disease with the intent 1 that the uninfected person contract the contagious or 2 infectious disease, and the conduct results in the 3 uninfected person becoming infected with the contagious 4 or infectious disease. 5 2. A person commits a class “D” felony when the 6 person knows the person is infected with a contagious 7 or infectious disease and exposes an uninfected person 8 to the contagious or infectious disease with the intent 9 that the uninfected person contract the contagious or 10 infectious disease, but the conduct does not result 11 in the uninfected person becoming infected with the 12 contagious or infectious disease. 13 3. A person commits an aggravated misdemeanor 14 when the person knows the person is infected with 15 a contagious or infectious disease and exposes an 16 uninfected person to the contagious or infectious 17 disease acting with a reckless disregard as to whether 18 the uninfected person contracts the contagious or 19 infectious disease, and the conduct results in the 20 uninfected person becoming infected with the contagious 21 or infectious disease. 22 4. A person commits a serious misdemeanor when the 23 person knows the person is infected with a contagious 24 or infectious disease and exposes an uninfected person 25 to the contagious or infectious disease acting with a 26 reckless disregard as to whether the uninfected person 27 contracts the contagious or infectious disease, but 28 the conduct does not result in the uninfected person 29 becoming infected with the contagious or infectious 30 disease. 31 5. The act of becoming pregnant while infected 32 with a contagious or infectious disease, continuing 33 a pregnancy while infected with a contagious or 34 infectious disease, or declining treatment for a 35 contagious or infectious disease during pregnancy shall 36 not constitute a crime under this chapter. 37 6. Evidence that a person knows the person is 38 infected with a contagious or infectious disease and 39 has engaged in conduct that exposes others to the 40 contagious or infectious disease, regardless of the 41 frequency of the conduct, is insufficient on its own 42 to prove the intent to transmit the contagious or 43 infectious disease. 44 7. A person does not act with the intent required 45 pursuant to subsection 1 or 2, or with the reckless 46 disregard required pursuant to subsection 3 or 47 4, if the person takes practical means to prevent 48 transmission, or if the person informs the uninfected 49 person that the person has a contagious or infectious 50 -2- S3102.1384 (3) 85 pf/nh 2/ 5

disease and offers to take practical means to 1 prevent transmission but that offer is rejected by 2 the uninfected person subsequently exposed to the 3 infectious or contagious disease. 4 8. It is an affirmative defense to a charge under 5 this section if the person exposed to the contagious or 6 infectious disease knew that the infected person was 7 infected with the contagious or infectious disease at 8 the time of the exposure and consented to exposure with 9 that knowledge. 10 Sec. 5. Section 141A.3, subsection 2, Code 2013, is 11 amended by adding the following new paragraph: 12 NEW PARAGRAPH . 0e. Subject to availability 13 of funding, develop and implement a comprehensive 14 prevention program for individuals with HIV that 15 includes engagement and retention in HIV care 16 activities, risk reduction and behavioral prevention 17 programming, partner notification services, case 18 management and other supportive services, and 19 assistance with health insurance coverage or medication 20 costs for low-income individuals. 21 Sec. 6. Section 141A.9, subsection 2, paragraph i, 22 Code 2013, is amended to read as follows: 23 i. Pursuant to sections 915.42 and 915.43 , to a 24 convicted or alleged sexual assault offender; the 25 physician or other health care provider who orders the 26 test of a convicted or alleged offender; the victim; 27 the parent, guardian, or custodian of the victim if 28 the victim is a minor; the physician of the victim if 29 requested by the victim; the victim counselor or person 30 requested by the victim to provide counseling regarding 31 the HIV-related test and results; the victim’s spouse; 32 persons with whom the victim has engaged in vaginal, 33 anal, or oral intercourse subsequent to the sexual 34 assault; members of the victim’s family within the 35 third degree of consanguinity; and the county attorney 36 who may use the results as evidence in the prosecution 37 of sexual assault under chapter 915, subchapter V , or 38 prosecution of the offense of criminal transmission 39 of HIV under chapter 709C filed the petition for 40 HIV-related testing under section 915.42 . For the 41 purposes of this paragraph, “victim” means victim as 42 defined in section 915.40 . 43 Sec. 7. Section 692A.101, subsection 1, paragraph 44 a, subparagraph (9), Code 2013, is amended by striking 45 the subparagraph. 46 Sec. 8. Section 692A.102, subsection 1, paragraph 47 c, subparagraph (23), Code 2013, is amended by striking 48 the subparagraph. 49 Sec. 9. Section 915.43, subsections 4 and 5, Code 50 -3- S3102.1384 (3) 85 pf/nh 3/ 5

2013, are amended to read as follows: 1 4. Results of a test performed under this 2 subchapter , except as provided in subsection 13 , 3 shall be disclosed only to the physician or other 4 practitioner who orders the test of the convicted or 5 alleged offender; the convicted or alleged offender; 6 the victim; the victim counselor or person requested 7 by the victim to provide counseling regarding the 8 HIV-related test and results; the physician of 9 the victim if requested by the victim; the parent, 10 guardian, or custodian of the victim, if the victim is 11 a minor; and the county attorney who filed the petition 12 for HIV-related testing under this chapter , who may use 13 the results to file charges of criminal transmission of 14 HIV under chapter 709C . Results of a test performed 15 under this subchapter shall not be disclosed to any 16 other person without the written informed consent of 17 the convicted or alleged offender. A person to whom 18 the results of a test have been disclosed under this 19 subchapter is subject to the confidentiality provisions 20 of section 141A.9 , and shall not disclose the results 21 to another person except as authorized by section 22 141A.9, subsection 2 , paragraph “i” . 23 5. If testing is ordered under this subchapter , 24 the court shall also order periodic testing of the 25 convicted offender during the period of incarceration, 26 probation, or parole or of the alleged offender during 27 a period of six months following the initial test if 28 the physician or other practitioner who ordered the 29 initial test of the convicted or alleged offender 30 certifies that, based upon prevailing scientific 31 opinion regarding the maximum period during which the 32 results of an HIV-related test may be negative for a 33 person after being HIV-infected, additional testing is 34 necessary to determine whether the convicted or alleged 35 offender was HIV-infected at the time the sexual 36 assault or alleged sexual assault was perpetrated. 37 The results of the test conducted pursuant to this 38 subsection shall be released only to the physician or 39 other practitioner who orders the test of the convicted 40 or alleged offender, the convicted or alleged offender, 41 the victim counselor or person requested by the victim 42 to provide the counseling regarding the HIV-related 43 test and results who shall disclose the results to the 44 petitioner, the physician of the victim, if requested 45 by the victim, and the county attorney who may use 46 the results as evidence in the prosecution of the 47 sexual assault or in the prosecution of the offense of 48 criminal transmission of HIV under chapter 709C filed 49 the petition for HIV-related testing under section 50 -4- S3102.1384 (3) 85 pf/nh 4/ 5