S.F. 363 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, but does not include conduct 11 posing a low or negligible risk of transmission, consistent 12 with guidance issued by the centers for disease control and 13 prevention of the United States department of health and human 14 services. 15 3. “Practical means to prevent transmission” means 16 substantial compliance with a treatment regimen prescribed 17 by a health care provider that measurably limits the risk 18 of transmission of the contagious or infectious disease, 19 substantial compliance with behavioral recommendations of 20 the infected person’s health care provider or public health 21 officials to measurably limit the risk of transmission of the 22 contagious or infectious disease, or other methods generally 23 accepted by the medical profession to measurably limit the risk 24 of transmission of the contagious or infectious disease, such 25 as use of a medically indicated respiratory mask or use of a 26 prophylactic device. 27 Sec. 3. NEW SECTION . 709D.3 Intentional transmission of a 28 contagious or infectious disease. 29 1. A person commits a class “C” felony when the person 30 knows the person is infected with a contagious or infectious 31 disease and exposes an uninfected person to the contagious or 32 infectious disease with the intent that the uninfected person 33 contract the contagious or infectious disease, and the conduct 34 results in the uninfected person becoming infected with the 35 -1- LSB 1985SV (1) 85 pf/nh 1/ 7

S.F. 363 contagious or infectious disease. 1 2. A person commits a class “D” felony when the person 2 knows the person is infected with a contagious or infectious 3 disease and exposes an uninfected person to the contagious or 4 infectious disease with the intent that the uninfected person 5 contract the contagious or infectious disease, but the conduct 6 does not result in the uninfected person becoming infected with 7 the contagious or infectious disease. 8 3. A person commits an aggravated misdemeanor when the 9 person knows the person is infected with a contagious or 10 infectious disease and exposes an uninfected person to the 11 contagious or infectious disease acting with a reckless 12 disregard as to whether the uninfected person contracts the 13 contagious or infectious disease, and the conduct results in 14 the uninfected person becoming infected with the contagious or 15 infectious disease. 16 4. 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 5. 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 6. 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, 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 1985SV (1) 85 pf/nh 2/ 7

S.F. 363 contagious disease. 1 7. 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. Section 141A.9, subsection 2, paragraph i, Code 7 2013, is amended to read as follows: 8 i. Pursuant to sections 915.42 and 915.43 , to a convicted or 9 alleged sexual assault offender; the physician or other health 10 care provider who orders the test of a convicted or alleged 11 offender; the victim; the parent, guardian, or custodian of the 12 victim if the victim is a minor; the physician of the victim 13 if requested by the victim; the victim counselor or person 14 requested by the victim to provide counseling regarding the 15 HIV-related test and results; the victim’s spouse; persons 16 with whom the victim has engaged in vaginal, anal, or oral 17 intercourse subsequent to the sexual assault; members of the 18 victim’s family within the third degree of consanguinity; and 19 the county attorney who may use the results as evidence in the 20 prosecution of sexual assault under chapter 915, subchapter V , 21 or prosecution of the offense of criminal transmission of HIV 22 under chapter 709C filed the petition for HIV-related testing 23 under section 915.42 . For the purposes of this paragraph, 24 “victim” means victim as defined in section 915.40 . 25 Sec. 5. Section 692A.101, subsection 1, paragraph a, 26 subparagraph (9), Code 2013, is amended by striking the 27 subparagraph. 28 Sec. 6. Section 692A.102, subsection 1, paragraph c, 29 subparagraph (23), Code 2013, is amended by striking the 30 subparagraph. 31 Sec. 7. Section 915.43, subsections 4 and 5, Code 2013, are 32 amended to read as follows: 33 4. Results of a test performed under this subchapter , 34 except as provided in subsection 13 , shall be disclosed only 35 -3- LSB 1985SV (1) 85 pf/nh 3/ 7

S.F. 363 to the physician or other practitioner who orders the test of 1 the convicted or alleged offender; the convicted or alleged 2 offender; the victim; the victim counselor or person requested 3 by the victim to provide counseling regarding the HIV-related 4 test and results; the physician of the victim if requested by 5 the victim; the parent, guardian, or custodian of the victim, 6 if the victim is a minor; and the county attorney who filed 7 the petition for HIV-related testing under this chapter , who 8 may use the results to file charges of criminal transmission 9 of HIV under chapter 709C . Results of a test performed under 10 this subchapter shall not be disclosed to any other person 11 without the written informed consent of the convicted or 12 alleged offender. A person to whom the results of a test 13 have been disclosed under this subchapter is subject to the 14 confidentiality provisions of section 141A.9 , and shall not 15 disclose the results to another person except as authorized by 16 section 141A.9, subsection 2 , paragraph “i” . 17 5. If testing is ordered under this subchapter , the court 18 shall also order periodic testing of the convicted offender 19 during the period of incarceration, probation, or parole or of 20 the alleged offender during a period of six months following 21 the initial test if the physician or other practitioner who 22 ordered the initial test of the convicted or alleged offender 23 certifies that, based upon prevailing scientific opinion 24 regarding the maximum period during which the results of an 25 HIV-related test may be negative for a person after being 26 HIV-infected, additional testing is necessary to determine 27 whether the convicted or alleged offender was HIV-infected 28 at the time the sexual assault or alleged sexual assault was 29 perpetrated. The results of the test conducted pursuant to 30 this subsection shall be released only to the physician or 31 other practitioner who orders the test of the convicted or 32 alleged offender, the convicted or alleged offender, the victim 33 counselor or person requested by the victim to provide the 34 counseling regarding the HIV-related test and results who shall 35 -4- LSB 1985SV (1) 85 pf/nh 4/ 7

S.F. 363 disclose the results to the petitioner, the physician of the 1 victim, if requested by the victim, and the county attorney 2 who may use the results as evidence in the prosecution of the 3 sexual assault or in the prosecution of the offense of criminal 4 transmission of HIV under chapter 709C filed the petition for 5 HIV-related testing under section 915.42 . 6 Sec. 8. REPEAL. Chapter 709C, Code 2013, is repealed. 7 EXPLANATION 8 This bill creates the Contagious or Infectious Disease 9 Transmission Act and establishes crimes relating to the 10 intentional transmission of a contagious or infectious disease. 11 The bill provides that a person commits a class “C” felony 12 when the person knows the person is infected with a contagious 13 or infectious disease and exposes an uninfected person to 14 the contagious or infectious disease with the intent that 15 the uninfected person contract the contagious or infectious 16 disease, and the conduct results in the uninfected person 17 becoming infected with the contagious or infectious disease. 18 A class “C” felony is punishable by confinement for no more 19 than 10 years and a fine of at least $1,000 but not more than 20 $10,000. 21 A person commits a class “D” felony when the person knows 22 that the person has a contagious or infectious disease and 23 exposes an uninfected person to the contagious or infectious 24 disease with the intent that the uninfected person contract 25 the contagious or infectious disease, but the conduct does 26 not result in the uninfected person becoming infected with 27 the contagious or infectious disease. A class “D” felony is 28 punishable by confinement for no more than five years and a 29 fine of at least $750 but not more than $7,500. 30 A person commits an aggravated 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 -5- LSB 1985SV (1) 85 pf/nh 5/ 7

S.F. 363 or infectious disease, and the conduct results in the 1 uninfected person becoming infected with the contagious or 2 infectious disease. An aggravated misdemeanor is punishable by 3 confinement for no more than two years and a fine of at least 4 $625 but not more than $6,250. 5 The bill provides that becoming pregnant while infected with 6 a contagious or infectious disease, continuing a pregnancy 7 while infected with a contagious or infectious disease, or 8 declining treatment for a contagious or infectious disease 9 during pregnancy does not constitute a crime under the bill. 10 The bill also specifies that evidence that a person knows the 11 person is infected with a contagious or infectious disease and 12 has engaged in conduct that exposes others to the contagious or 13 infectious disease, regardless of the frequency of the conduct, 14 is insufficient on its own to prove the intent to transmit 15 the contagious or infectious disease. Additionally, the bill 16 specifies that a person does not act with the intent or the 17 reckless disregard required to commit the crimes specified 18 under the bill if the person takes practical means to prevent 19 transmission, or if the person informs the uninfected person of 20 the person’s contagious or infectious disease status and offers 21 to take practical means to prevent transmission but that offer 22 is rejected by the uninfected person subsequently exposed to 23 the infectious or contagious disease. Under the bill, it is an 24 affirmative defense to a charge under the bill if the person 25 exposed to the contagious or infectious disease knew that the 26 infected person was infected with the contagious or infectious 27 disease at the time of the exposure and consented to exposure 28 with that knowledge. 29 The bill also repeals the provision establishing the knowing 30 transmission of the human immunodeficiency virus (HIV) as 31 a crime under Code section 709C.1. Under current Code, a 32 person commits criminal transmission of HIV if the person, 33 knowing that the person’s human immunodeficiency virus status 34 is positive, engages in intimate contact with another person; 35 -6- LSB 1985SV (1) 85 pf/nh 6/ 7

S.F. 363 transfers, donates, or provides the person’s blood, tissue, 1 semen, organs, or other potentially infectious bodily fluids 2 for transfusion, transplantation, insemination, or other 3 administration to another person; or dispenses, delivers, 4 exchanges, sells, or in any other way transfers to another 5 person any nonsterile intravenous or intramuscular drug 6 paraphernalia previously used by the person infected with the 7 human immunodeficiency virus. Under current law, criminal 8 transmission of the human immunodeficiency virus is a class “B” 9 felony, which is punishable by confinement for no more than 25 10 years. The bill also makes conforming amendments throughout 11 the Code to eliminate references to the repealed Code section. 12 -7- LSB 1985SV (1) 85 pf/nh 7/ 7