Senate File 363 S-3112 Amend the amendment, S-3102, to Senate File 363, as 1 follows: 2 1. Page 1, by striking lines 1 through 30 and 3 inserting: 4 <Amend Senate File 363 as follows: 5 1. By striking everything after the enacting clause 6 and inserting: 7 < Section 1. LEGISLATIVE FINDINGS. The general 8 assembly finds that establishing a sound criminal 9 justice and public health policy toward individuals 10 living with a contagious or infectious disease is 11 consistent with an evidence-based approach to disease 12 control that focuses on prevention strategies that 13 include notification of current and previously exposed 14 partners, evidence-based behavioral risk-reduction 15 programming, promotion of voluntary disclosure to 16 sexual and needle-sharing partners, and suppression of 17 viral load through engagement in care and treatment 18 programs. 19 Sec. 2. NEW SECTION . 709D.1 Title. 20 This chapter shall be known and may be cited as the 21 “Contagious or Infectious Disease Transmission Act” . 22 Sec. 3. NEW SECTION . 709D.2 Definitions. 23 As used in this chapter, unless the context 24 otherwise requires: 25 1. “Contagious or infectious disease” means 26 hepatitis in any form, meningococcal disease, AIDS or 27 HIV as defined in section 141A.1, or tuberculosis. 28 2. “Exposes” means engaging in conduct that poses 29 a substantial risk of transmission, but does not 30 include conduct posing a low or negligible risk of 31 transmission, consistent with guidance issued by the 32 centers for disease control and prevention of the 33 United States department of health and human services. 34 3. “Practical means to prevent transmission” means 35 substantial compliance with a treatment regimen 36 prescribed by a health care provider that measurably 37 limits the risk of transmission of the contagious 38 or infectious disease, substantial compliance with 39 behavioral recommendations of the infected person’s 40 health care provider or public health officials to 41 measurably limit the risk of transmission of the 42 contagious or infectious disease, or other methods 43 generally accepted by the medical profession to 44 measurably limit the risk of transmission of the 45 contagious or infectious disease, such as use of 46 a medically indicated respiratory mask or use of a 47 prophylactic device. 48 Sec. 4. NEW SECTION . 709D.3 Criminal transmission 49 of a contagious or infectious disease. 50 -1- S3102.1420 (3) 85 pf/nh 1/ 5 #1.

1. A person commits a class “C” felony when the 1 person knows the person is infected with a contagious 2 or infectious disease and exposes an uninfected person 3 to the contagious or infectious disease with the intent 4 that the uninfected person contract the contagious or 5 infectious disease, and the conduct results in the 6 uninfected person becoming infected with the contagious 7 or infectious disease. If a person commits a class “C” 8 felony under this subsection, and the person against 9 whom the class “C” felony is committed is pregnant 10 at the time of the exposure, the person exposing the 11 uninfected person to the contagious or infectious 12 disease commits an additional class “C” felony for each 13 unborn child constituting the pregnancy notwithstanding 14 the actual result of the exposure to each unborn child. 15 2. A person commits a class “D” felony when the 16 person knows the person is infected with a contagious 17 or infectious disease and exposes an uninfected person 18 to the contagious or infectious disease with the intent 19 that the uninfected person contract the contagious or 20 infectious disease, but the conduct does not result 21 in the uninfected person becoming infected with the 22 contagious or infectious disease. If a person commits 23 a class “D” felony under this subsection, and the 24 person against whom the class “D” felony is committed 25 is pregnant at the time of the exposure, the person 26 exposing the uninfected person to the contagious or 27 infectious disease commits an additional class “D” 28 felony for each unborn child constituting the pregnancy 29 notwithstanding the actual result of the exposure to 30 each unborn child. 31 3. A person commits an aggravated misdemeanor 32 when the person knows the person is infected with 33 a contagious or infectious disease and exposes an 34 uninfected person to the contagious or infectious 35 disease acting with a reckless disregard as to whether 36 the uninfected person contracts the contagious or 37 infectious disease, and the conduct results in the 38 uninfected person becoming infected with the contagious 39 or infectious disease. If a person commits an 40 aggravated misdemeanor under this subsection, and the 41 person against whom the aggravated misdemeanor is 42 committed is pregnant at the time of the exposure, the 43 person exposing the uninfected person to the contagious 44 or infectious disease commits an additional aggravated 45 misdemeanor for each unborn child constituting the 46 pregnancy notwithstanding the actual result of the 47 exposure to each unborn child. 48 4. A person commits a serious misdemeanor when the 49 person knows the person is infected with a contagious 50 -2- S3102.1420 (3) 85 pf/nh 2/ 5

or infectious disease and exposes an uninfected person 1 to the contagious or infectious disease acting with a 2 reckless disregard as to whether the uninfected person 3 contracts the contagious or infectious disease, but 4 the conduct does not result in the uninfected person 5 becoming infected with the contagious or infectious 6 disease. If a person commits a serious misdemeanor 7 under this subsection, and the person against whom 8 the serious misdemeanor is committed is pregnant at 9 the time of the exposure, the person exposing the 10 uninfected person to the contagious or infectious 11 disease commits an additional serious misdemeanor 12 for each unborn child constituting the pregnancy 13 notwithstanding the actual result of the exposure to 14 each unborn child. 15 5. The act of becoming pregnant while infected 16 with a contagious or infectious disease, continuing 17 a pregnancy while infected with a contagious or 18 infectious disease, or declining treatment for a 19 contagious or infectious disease during pregnancy shall 20 not constitute a crime under this chapter. 21 6. Evidence that a person knows the person is 22 infected with a contagious or infectious disease and 23 has engaged in conduct that exposes others to the 24 contagious or infectious disease, regardless of the 25 frequency of the conduct, is insufficient on its own 26 to prove the intent to transmit the contagious or 27 infectious disease. 28 7. A person does not act with the intent required 29 pursuant to subsection 1 or 2, or with the reckless 30 disregard required pursuant to subsection 3 or 31 4, if the person takes practical means to prevent 32 transmission, or if the person informs the uninfected 33 person that the person has a contagious or infectious 34 disease and offers to take practical means to 35 prevent transmission but that offer is rejected by 36 the uninfected person subsequently exposed to the 37 infectious or contagious disease. 38 8. It is an affirmative defense to a charge under 39 this section if the person exposed to the contagious or 40 infectious disease knew that the infected person was 41 infected with the contagious or infectious disease at 42 the time of the exposure and consented to exposure with 43 that knowledge. 44 Sec. 5. Section 141A.3, subsection 2, Code 2013, is 45 amended by adding the following new paragraph: 46 NEW PARAGRAPH . 0e. Subject to availability 47 of funding, develop and implement a comprehensive 48 prevention program for individuals with HIV that 49 includes engagement and retention in HIV care 50 -3- S3102.1420 (3) 85 pf/nh 3/ 5

activities, risk reduction and behavioral prevention 1 programming, partner notification services, case 2 management and other supportive services, and 3 assistance with health insurance coverage or medication 4 costs for low-income individuals. 5 Sec. 6. Section 141A.9, subsection 2, paragraph i, 6 Code 2013, is amended to read as follows: 7 i. Pursuant to sections 915.42 and 915.43 , to a 8 convicted or alleged sexual assault offender; the 9 physician or other health care provider who orders the 10 test of a convicted or alleged offender; the victim; 11 the parent, guardian, or custodian of the victim if 12 the victim is a minor; the physician of the victim if 13 requested by the victim; the victim counselor or person 14 requested by the victim to provide counseling regarding 15 the HIV-related test and results; the victim’s spouse; 16 persons with whom the victim has engaged in vaginal, 17 anal, or oral intercourse subsequent to the sexual 18 assault; members of the victim’s family within the 19 third degree of consanguinity; and the county attorney 20 who may use the results as evidence in the prosecution 21 of sexual assault under chapter 915, subchapter V , or 22 prosecution of the offense of criminal transmission 23 of HIV under chapter 709C filed the petition for 24 HIV-related testing under section 915.42 . For the 25 purposes of this paragraph, “victim” means victim as 26 defined in section 915.40 . 27 Sec. 7. Section 692A.101, subsection 1, paragraph 28 a, subparagraph (9), Code 2013, is amended by striking 29 the subparagraph. 30 Sec. 8. Section 692A.102, subsection 1, paragraph 31 c, subparagraph (23), Code 2013, is amended by striking 32 the subparagraph. 33 Sec. 9. Section 915.43, subsections 4 and 5, Code 34 2013, are amended to read as follows: 35 4. Results of a test performed under this 36 subchapter , except as provided in subsection 13 , 37 shall be disclosed only to the physician or other 38 practitioner who orders the test of the convicted or 39 alleged offender; the convicted or alleged offender; 40 the victim; the victim counselor or person requested 41 by the victim to provide counseling regarding the 42 HIV-related test and results; the physician of 43 the victim if requested by the victim; the parent, 44 guardian, or custodian of the victim, if the victim is 45 a minor; and the county attorney who filed the petition 46 for HIV-related testing under this chapter , who may use 47 the results to file charges of criminal transmission of 48 HIV under chapter 709C . Results of a test performed 49 under this subchapter shall not be disclosed to any 50 -4- S3102.1420 (3) 85 pf/nh 4/ 5

other person without the written informed consent of 1 the convicted or alleged offender. A person to whom 2 the results of a test have been disclosed under this 3 subchapter is subject to the confidentiality provisions 4 of section 141A.9 , and shall not disclose the results 5 to another person except as authorized by section 6 141A.9, subsection 2 , paragraph “i” . 7 5. If testing is ordered under this subchapter , 8 the court shall also order periodic testing of the 9 convicted offender during the period of incarceration, 10 probation, or parole or of the alleged offender during 11 a period of six months following the initial test if 12 the physician or other practitioner who ordered the 13 initial test of the convicted or alleged offender 14 certifies that, based upon prevailing scientific 15 opinion regarding the maximum period during which the 16 results of an HIV-related test may be negative for a 17 person after being HIV-infected, additional testing is 18 necessary to determine whether the convicted or alleged 19 offender was HIV-infected at the time the sexual 20 assault or alleged sexual assault was perpetrated. 21 The results of the test conducted pursuant to this 22 subsection shall be released only to the physician or 23 other practitioner who orders the test of the convicted 24 or alleged offender, the convicted or alleged offender, 25 the victim counselor or person requested by the victim 26 to provide the counseling regarding the HIV-related 27 test and results who shall disclose the results to the 28 petitioner, the physician of the victim, if requested 29 by the victim, and the county attorney who may use 30 the results as evidence in the prosecution of the 31 sexual assault or in the prosecution of the offense of 32 criminal transmission of HIV under chapter 709C filed 33 the petition for HIV-related testing under section 34 915.42 . 35 Sec. 10. REPEAL. Chapter 709C, Code 2013, is 36 repealed. > 37 2. Title page, line 1, by striking < relating to the 38 intentional transmission of > and inserting < creating 39 criminal offenses relating to >> 40 ______________________________ NANCY J. BOETTGER -5- S3102.1420 (3) 85 pf/nh 5/ 5 #2.