SENATE FILE 2149

BY  McCOY

A BILL FOR

An Act relating to the criminal transmission of the human immunodeficiency virus and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 692A.101, subsection 1, paragraph a, subparagraph (9), Code 2011, is amended by striking the subparagraph.
    Sec. 2.  Section 692A.102, subsection 1, paragraph c, subparagraph (23), Code Supplement 2011, is amended by striking the subparagraph.
    Sec. 3.  Section 709C.1, subsection 1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   A person commits criminal transmission of the human immunodeficiency virus
 
or attempted criminal transmission of the human immunodeficiency virus if the person, knowing that the person’s human immunodeficiency virus status is positive, does any of the following:
    Sec. 4.  Section 709C.1, subsection 3, Code 2011, is amended to read as follows:
   3.
  a.  Criminal transmission of the human immunodeficiency virus is a class “B” felony
 
if infection with the human immunodeficiency virus occurred.
   b.  Attempted criminal transmission of the human immunodeficiency virus is an aggravated misdemeanor if no infection with the human immunodeficiency virus occurred.
    Sec. 5.  Section 709C.1, subsection 4, Code 2011, is amended by striking the subsection.
EXPLANATION
   This bill relates to the criminal transmission of the human immunodeficiency virus.
   The bill provides a different criminal penalty for criminal transmission of the human immunodeficiency virus and for attempted criminal transmission of the human immunodeficiency virus. Under the bill, the criminal penalty for criminal transmission of the human immunodeficiency virus remains a class “B” felony if a human immunodeficiency virus infection occurred. If no human immunodeficiency virus infection occurs, the offense is classified as attempted criminal transmission of the human immunodeficiency virus, and this offense is classified as an aggravated misdemeanor.
   Current law classifies criminal transmission of the human immunodeficiency virus as a class “B” felony and specifies that it is not necessary for an infection with the human immunodeficiency virus to occur in order to be convicted of criminal transmission of the human immunodeficiency virus.
   The bill strikes a provision requiring a person convicted of criminal transmission of the human immunodeficiency virus to register as a tier III sex offender. The bill also strikes the offense from the definition of “aggravated offense” under Code chapter 692A which requires lifetime registration as a sex offender under Code section 692A.106(5). 
   A class “B” felony is punishable by confinement for no more than 25 years. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.