SENATE FILE 323

BY  McCOY

A BILL FOR

An Act relating to the criminal or attempted 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 2011, is amended by striking the subparagraph.
   Sec. 3.  Section 709C.1, Code 2011, is amended to read as follows:
   709C.1  Criminal or attempted criminal transmission of human immunodeficiency virus.
   1.  A person commits criminal 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:
   a.  Engages in unprotected intimate contact with another person.
   b.  Transfers, donates, or provides the person’s blood, tissue, semen, organs, or other potentially infectious bodily fluids for transfusion, transplantation, insemination, or other administration to another person.
   c.  Dispenses, delivers, exchanges, sells, or in any other way transfers to another person any nonsterile intravenous or intramuscular drug paraphernalia previously used by the person infected with the human immunodeficiency virus.
   2.  For the purposes of this section:
   a.  “Another person” means a person who does not know the infected person’s human immunodeficiency virus status is positive at the time of the exposure, does not know the action of exposure could result in the transmission of the human immunodeficiency virus, or, with the knowledge the infected person has a positive human immunodeficiency virus status, does not consent to the action of exposure.
   a.  b.  “Human immunodeficiency virus” means the human immunodeficiency virus identified as the causative agent of acquired immune deficiency syndrome.
   b.  c.  “Intimate contact” means the intentional exposure of the body of one person to a bodily fluid of another person in a manner that could result in the transmission of the human immunodeficiency virus.
   c.  d.  “Intravenous or intramuscular drug paraphernalia”means any equipment, product, or material of any kind which is peculiar to and marketed for use in injecting a substance into or withdrawing a bodily fluid from the human body.
   e.  “Unprotected intimate contact” means intimate contact that does not involve the use of a condom or similar device.
   3.
  a.  Criminal transmission of the human immunodeficiency virus is a class “B” felony if an 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.
   4.  This section shall not be construed to require that an infection with the human immunodeficiency virus has occurred for a person to have committed criminal transmission of the human immunodeficiency virus.
   5.  It is an affirmative defense that the person exposed to the human immunodeficiency virus knew that the infected person had a positive human immunodeficiency virus status at the time of the action of exposure, knew that the action of exposure could result in transmission of the human immunodeficiency virus, and consented to the action of exposure with that knowledge.
EXPLANATION
   This bill relates to criminal transmission of the human immunodeficiency virus.
   The bill provides that a person commits criminal transmission of the human immunodeficiency virus if the person has unprotected intimate contact with another person who does not have knowledge of the person’s positive human immunodeficiency virus status, does not know the action of exposure could result in the transmission of the virus, or, with the knowledge the infected person has a positive human immunodeficiency virus status, does not consent to the action of exposure. The bill defines “unprotected intimate contact” to mean intimate contact that does not involve the use of a condom or similar device. Current law does not specify whether the intimate contact be protected contact or unprotected contact, only that the intimate contact lead to the intentional exposure of the body of one person to a bodily fluid of another person in a manner that could result in the 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.
   The bill strikes a provision providing an affirmative defense to the crime of criminal transmission of the human immunodeficiency virus when the alleged victim knew of the defendant’s positive human immunodeficiency virus status, knew the action of exposure could result in the transmission of the virus, and consented to the action of exposure with that knowledge.
   The bill strikes the requirement that a person convicted of criminal transmission of the human immunodeficiency virus be required to register as a sex offender and also does not require a person convicted of attempted criminal transmission of the human immunodeficiency virus to register as a sex offender.
   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.