S.F. 2297 Section 1. NEW SECTION . 709D.1 Title. 1 This chapter shall be known and may be cited as the 2 “Contagious or Infectious Disease Transmission Act” . 3 Sec. 2. NEW SECTION . 709D.2 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Contagious or infectious disease” means hepatitis in any 7 form, meningococcal disease, AIDS or HIV as defined in section 8 141A.1, or tuberculosis. 9 2. “Exposes” means engaging in conduct that poses a 10 substantial risk of transmission. 11 3. “Practical means to prevent transmission” means 12 substantial good faith compliance with a treatment regimen 13 prescribed by the person’s health care provider, if applicable, 14 and with behavioral recommendations of the person’s health care 15 provider or public health officials, which may include but are 16 not limited to the use of a medically indicated respiratory 17 mask or a prophylactic device, to measurably limit the risk of 18 transmission of the contagious or infectious disease. 19 Sec. 3. NEW SECTION . 709D.3 Criminal transmission of a 20 contagious or infectious disease. 21 1. A person commits a class “B” felony when the person 22 knows the person is infected with a contagious or infectious 23 disease and exposes an uninfected person to the contagious or 24 infectious disease with the intent that the uninfected person 25 contract the contagious or infectious disease, and the conduct 26 results in the uninfected person becoming infected with the 27 contagious or infectious disease. 28 2. A person commits a class “D” felony when the person 29 knows the person is infected with a contagious or infectious 30 disease and exposes an uninfected person to the contagious or 31 infectious disease with the intent that the uninfected person 32 contract the contagious or infectious disease, but the conduct 33 does not result in the uninfected person becoming infected with 34 the contagious or infectious disease. 35 -1- LSB 5088SV (1) 85 pf/nh 1/ 8

S.F. 2297 3. A person commits a class “D” felony when the person 1 knows the person is infected with a contagious or infectious 2 disease and exposes an uninfected person to the contagious 3 or infectious disease acting with a reckless disregard as to 4 whether the uninfected person contracts the contagious or 5 infectious disease, and the conduct results in the uninfected 6 person becoming infected with the contagious or infectious 7 disease. 8 4. A person commits a serious misdemeanor when the person 9 knows the person is infected with a contagious or infectious 10 disease and exposes an uninfected person to the contagious 11 or infectious disease acting with a reckless disregard as to 12 whether the uninfected person contracts the contagious or 13 infectious disease, but the conduct does not result in the 14 uninfected person becoming infected with the contagious or 15 infectious disease. 16 5. The act of becoming pregnant while infected with a 17 contagious or infectious disease, continuing a pregnancy while 18 infected with a contagious or infectious disease, or declining 19 treatment for a contagious or infectious disease during 20 pregnancy shall not constitute a crime under this chapter. 21 6. Evidence that a person knows the person is infected with 22 a contagious or infectious disease and has engaged in conduct 23 that exposes others to the contagious or infectious disease, 24 regardless of the frequency of the conduct, is insufficient 25 on its own to prove the intent to transmit the contagious or 26 infectious disease. 27 7. A person does not act with the intent required pursuant 28 to subsection 1 or 2, or with the reckless disregard required 29 pursuant to subsection 3 or 4, if the person takes practical 30 means to prevent transmission, or if the person informs 31 the uninfected person that the person has a contagious 32 or infectious disease and offers to take practical means 33 to prevent transmission but that offer is rejected by the 34 uninfected person subsequently exposed to the infectious or 35 -2- LSB 5088SV (1) 85 pf/nh 2/ 8

S.F. 2297 contagious disease. 1 8. It is an affirmative defense to a charge under this 2 section if the person exposed to the contagious or infectious 3 disease knew that the infected person was infected with the 4 contagious or infectious disease at the time of the exposure 5 and consented to exposure with that knowledge. 6 Sec. 4. NEW SECTION . 709D.4 Additional remedies. 7 This chapter shall not be construed to preclude the use of 8 any other civil or criminal remedy available relating to the 9 transmission of a contagious or infectious disease. 10 Sec. 5. Section 141A.9, subsection 2, paragraph i, Code 11 2014, is amended to read as follows: 12 i. Pursuant to sections 915.42 and 915.43 , to a convicted or 13 alleged sexual assault offender; the physician or other health 14 care provider who orders the test of a convicted or alleged 15 offender; the victim; the parent, guardian, or custodian of the 16 victim if the victim is a minor; the physician of the victim 17 if requested by the victim; the victim counselor or person 18 requested by the victim to provide counseling regarding the 19 HIV-related test and results; the victim’s spouse; persons 20 with whom the victim has engaged in vaginal, anal, or oral 21 intercourse subsequent to the sexual assault; members of the 22 victim’s family within the third degree of consanguinity; and 23 the county attorney who may use the results as evidence in the 24 prosecution of sexual assault under chapter 915, subchapter V , 25 or prosecution of the offense of criminal transmission of HIV 26 under chapter 709C filed the petition for HIV-related testing 27 under section 915.42 . For the purposes of this paragraph, 28 “victim” means victim as defined in section 915.40 . 29 Sec. 6. Section 692A.101, subsection 1, paragraph a, 30 subparagraph (9), Code 2014, is amended by striking the 31 subparagraph. 32 Sec. 7. Section 692A.102, subsection 1, paragraph c, 33 subparagraph (23), Code 2014, is amended by striking the 34 subparagraph. 35 -3- LSB 5088SV (1) 85 pf/nh 3/ 8

S.F. 2297 Sec. 8. Section 915.43, subsections 4 and 5, Code 2014, are 1 amended to read as follows: 2 4. Results of a test performed under this subchapter , 3 except as provided in subsection 13 , shall be disclosed only 4 to the physician or other practitioner who orders the test of 5 the convicted or alleged offender; the convicted or alleged 6 offender; the victim; the victim counselor or person requested 7 by the victim to provide counseling regarding the HIV-related 8 test and results; the physician of the victim if requested by 9 the victim; the parent, guardian, or custodian of the victim, 10 if the victim is a minor; and the county attorney who filed 11 the petition for HIV-related testing under this chapter , who 12 may use the results to file charges of criminal transmission 13 of HIV under chapter 709C . Results of a test performed under 14 this subchapter shall not be disclosed to any other person 15 without the written informed consent of the convicted or 16 alleged offender. A person to whom the results of a test 17 have been disclosed under this subchapter is subject to the 18 confidentiality provisions of section 141A.9 , and shall not 19 disclose the results to another person except as authorized by 20 section 141A.9, subsection 2 , paragraph “i” . 21 5. If testing is ordered under this subchapter , the court 22 shall also order periodic testing of the convicted offender 23 during the period of incarceration, probation, or parole or of 24 the alleged offender during a period of six months following 25 the initial test if the physician or other practitioner who 26 ordered the initial test of the convicted or alleged offender 27 certifies that, based upon prevailing scientific opinion 28 regarding the maximum period during which the results of an 29 HIV-related test may be negative for a person after being 30 HIV-infected, additional testing is necessary to determine 31 whether the convicted or alleged offender was HIV-infected 32 at the time the sexual assault or alleged sexual assault was 33 perpetrated. The results of the test conducted pursuant to 34 this subsection shall be released only to the physician or 35 -4- LSB 5088SV (1) 85 pf/nh 4/ 8

S.F. 2297 other practitioner who orders the test of the convicted or 1 alleged offender, the convicted or alleged offender, the victim 2 counselor or person requested by the victim to provide the 3 counseling regarding the HIV-related test and results who shall 4 disclose the results to the petitioner, the physician of the 5 victim, if requested by the victim, and the county attorney 6 who may use the results as evidence in the prosecution of the 7 sexual assault or in the prosecution of the offense of criminal 8 transmission of HIV under chapter 709C filed the petition for 9 HIV-related testing under section 915.42 . 10 Sec. 9. REPEAL. Chapter 709C, Code 2014, is repealed. 11 Sec. 10. SEX OFFENDER REGISTRY —— EXPUNGEMENT OF RECORD. 12 1. The division of criminal investigation in the department 13 of public safety shall expunge the registration of a registrant 14 who was required to register on the state’s sex offender 15 registry pursuant to chapter 692A, Code 2014, on the basis of 16 having been convicted of the aggravated offense of criminal 17 transmission of human immunodeficiency virus in violation 18 of section 709C.1, subsection 1, paragraph “a”, Code 2014, 19 provided the registrant has been convicted of no other offense 20 requiring registration. 21 2. The department of public safety shall also remove the 22 relevant information of such a person specified in subsection 23 1 from the sex offender registry internet site provided 24 the person has been convicted of no other offense requiring 25 registration. Upon removal of the relevant information 26 from the sex offender registry internet site, the relevant 27 information of the person shall no longer be displayed on 28 the sex offender registry internet site unless the person is 29 convicted of another offense that requires registration. 30 Sec. 11. EFFECTIVE DATE. This Act, being deemed of 31 immediate importance, takes effect upon enactment. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -5- LSB 5088SV (1) 85 pf/nh 5/ 8

S.F. 2297 This bill creates the “Contagious or Infectious Disease 1 Transmission Act” and establishes crimes relating to the 2 transmission of a contagious or infectious disease. 3 The bill provides that a person commits a class “B” felony 4 when the person knows the person is infected with a contagious 5 or infectious disease and exposes an uninfected person to 6 the contagious or infectious disease with the intent that 7 the uninfected person contract the contagious or infectious 8 disease, and the conduct results in the uninfected person 9 becoming infected with the contagious or infectious disease. A 10 class “B” felony is punishable by confinement for no more than 11 25 years. 12 A person commits a class “D” felony when the person knows 13 that the person has a contagious or infectious disease and 14 exposes an uninfected person to the contagious or infectious 15 disease with the intent that the uninfected person contract 16 the contagious or infectious disease, but the conduct does 17 not result in the uninfected person becoming infected with 18 the contagious or infectious disease. A class “D” felony is 19 punishable by confinement for no more than five years and a 20 fine of at least $750 but no more than $7,500. 21 A person commits a class “D” felony when the person knows the 22 person is infected with a contagious or infectious disease and 23 exposes an uninfected person to the contagious or infectious 24 disease acting with a reckless disregard as to whether the 25 uninfected person contracts the contagious or infectious 26 disease, and the conduct results in the uninfected person 27 becoming infected with the contagious or infectious disease. A 28 class “D” felony is punishable by confinement for no more than 29 five years and a fine of at least $750 but no more than $7,500. 30 A person commits a serious misdemeanor when the person 31 knows the person is infected with a contagious or infectious 32 disease and exposes an uninfected person to the contagious 33 or infectious disease acting with a reckless disregard as 34 to whether the uninfected person contracts the contagious 35 -6- LSB 5088SV (1) 85 pf/nh 6/ 8

S.F. 2297 or infectious disease, but the contact does not result in 1 the uninfected person being infected with the contagious or 2 infectious disease. 3 The bill provides that becoming pregnant while infected with 4 a contagious or infectious disease, continuing a pregnancy 5 while infected with a contagious or infectious disease, or 6 declining treatment for a contagious or infectious disease 7 during pregnancy does not constitute a crime under the bill. 8 The bill also specifies that evidence that a person knows the 9 person is infected with a contagious or infectious disease and 10 has engaged in conduct that exposes others to the contagious or 11 infectious disease, regardless of the frequency of the conduct, 12 is insufficient on its own to prove the intent to transmit 13 the contagious or infectious disease. Additionally, the bill 14 specifies that a person does not act with the intent or the 15 reckless disregard required to commit the crimes specified 16 under the bill if the person takes practical means to prevent 17 transmission, or if the person informs the uninfected person of 18 the person’s contagious or infectious disease status and offers 19 to take practical means to prevent transmission but that offer 20 is rejected by the uninfected person subsequently exposed to 21 the infectious or contagious disease. Under the bill, it is an 22 affirmative defense to a charge under the bill if the person 23 exposed to the contagious or infectious disease knew that the 24 infected person was infected with the contagious or infectious 25 disease at the time of the exposure and consented to exposure 26 with that knowledge. 27 The bill provides that the new Code chapter is not to 28 be construed to preclude other civil or criminal remedies 29 available relating to the transmission of a contagious or 30 infectious disease. 31 The bill also repeals the provision establishing the knowing 32 transmission of the human immunodeficiency virus (HIV) as 33 a crime under Code section 709C.1. Under current Code, a 34 person commits criminal transmission of HIV if the person, 35 -7- LSB 5088SV (1) 85 pf/nh 7/ 8

S.F. 2297 knowing that the person’s human immunodeficiency virus status 1 is positive, engages in intimate contact with another person; 2 transfers, donates, or provides the person’s blood, tissue, 3 semen, organs, or other potentially infectious bodily fluids 4 for transfusion, transplantation, insemination, or other 5 administration to another person; or dispenses, delivers, 6 exchanges, sells, or in any other way transfers to another 7 person any nonsterile intravenous or intramuscular drug 8 paraphernalia previously used by the person infected with the 9 human immunodeficiency virus. Under current law, criminal 10 transmission of the human immunodeficiency virus is a class “B” 11 felony, which is punishable by confinement for no more than 25 12 years. The bill also makes conforming amendments throughout 13 the Code to eliminate references to the repealed Code section. 14 The bill directs the division of criminal investigation to 15 expunge the registration of a registrant who was required to 16 register on the state’s sex offender registry on the basis of 17 having been convicted of the aggravated offense of criminal 18 transmission of human immunodeficiency virus, and directs the 19 department of public safety to remove the relevant information 20 of such person from the sex offender registry internet site, 21 provided the registrant has been convicted of no other offense 22 requiring registration. 23 The bill takes effect upon enactment. 24 -8- LSB 5088SV (1) 85 pf/nh 8/ 8