Senate File 2149 - Introduced SENATE FILE 2149 BY McCOY A BILL FOR An Act relating to the criminal transmission of the human 1 immunodeficiency virus and providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5970SS (2) 84 jm/nh

S.F. 2149 Section 1. Section 692A.101, subsection 1, paragraph 1 a, subparagraph (9), Code 2011, is amended by striking the 2 subparagraph. 3 Sec. 2. Section 692A.102, subsection 1, paragraph c, 4 subparagraph (23), Code Supplement 2011, is amended by striking 5 the subparagraph. 6 Sec. 3. Section 709C.1, subsection 1, unnumbered paragraph 7 1, Code 2011, is amended to read as follows: 8 A person commits criminal transmission of the human 9 immunodeficiency virus or attempted criminal transmission of 10 the human immunodeficiency virus if the person, knowing that 11 the person’s human immunodeficiency virus status is positive, 12 does any of the following: 13 Sec. 4. Section 709C.1, subsection 3, Code 2011, is amended 14 to read as follows: 15 3. a. Criminal transmission of the human immunodeficiency 16 virus is a class “B” felony if infection with the human 17 immunodeficiency virus occurred . 18 b. Attempted criminal transmission of the human 19 immunodeficiency virus is an aggravated misdemeanor if no 20 infection with the human immunodeficiency virus occurred. 21 Sec. 5. Section 709C.1, subsection 4, Code 2011, is amended 22 by striking the subsection. 23 EXPLANATION 24 This bill relates to the criminal transmission of the human 25 immunodeficiency virus. 26 The bill provides a different criminal penalty for criminal 27 transmission of the human immunodeficiency virus and for 28 attempted criminal transmission of the human immunodeficiency 29 virus. Under the bill, the criminal penalty for criminal 30 transmission of the human immunodeficiency virus remains a 31 class “B” felony if a human immunodeficiency virus infection 32 occurred. If no human immunodeficiency virus infection occurs, 33 the offense is classified as attempted criminal transmission 34 of the human immunodeficiency virus, and this offense is 35 -1- LSB 5970SS (2) 84 jm/nh 1/ 2

S.F. 2149 classified as an aggravated misdemeanor. 1 Current law classifies criminal transmission of the human 2 immunodeficiency virus as a class “B” felony and specifies 3 that it is not necessary for an infection with the human 4 immunodeficiency virus to occur in order to be convicted of 5 criminal transmission of the human immunodeficiency virus. 6 The bill strikes a provision requiring a person convicted 7 of criminal transmission of the human immunodeficiency virus 8 to register as a tier III sex offender. The bill also strikes 9 the offense from the definition of “aggravated offense” under 10 Code chapter 692A which requires lifetime registration as a sex 11 offender under Code section 692A.106(5). 12 A class “B” felony is punishable by confinement for no more 13 than 25 years. An aggravated misdemeanor is punishable by 14 confinement for no more than two years and a fine of at least 15 $625 but not more than $6,250. 16 -2- LSB 5970SS (2) 84 jm/nh 2/ 2