Senate
File
2297
AN
ACT
RELATING
TO
THE
CRIMINAL
TRANSMISSION
OF
A
CONTAGIOUS
OR
INFECTIOUS
DISEASE,
PROVIDING
PENALTIES,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
709D.1
Title.
This
chapter
shall
be
known
and
may
be
cited
as
the
“Contagious
or
Infectious
Disease
Transmission
Act”
.
Sec.
2.
NEW
SECTION
.
709D.2
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Contagious
or
infectious
disease”
means
hepatitis
in
any
form,
meningococcal
disease,
AIDS
or
HIV
as
defined
in
section
141A.1,
or
tuberculosis.
2.
“Exposes”
means
engaging
in
conduct
that
poses
a
substantial
risk
of
transmission.
3.
“Practical
means
to
prevent
transmission”
means
substantial
good
faith
compliance
with
a
treatment
regimen
prescribed
by
the
person’s
health
care
provider,
if
applicable,
and
with
behavioral
recommendations
of
the
person’s
health
care
provider
or
public
health
officials,
which
may
include
but
are
not
limited
to
the
use
of
a
medically
indicated
respiratory
mask
or
a
prophylactic
device,
to
measurably
limit
the
risk
of
transmission
of
the
contagious
or
infectious
disease.
Sec.
3.
NEW
SECTION
.
709D.3
Criminal
transmission
of
a
contagious
or
infectious
disease.
1.
A
person
commits
a
class
“B”
felony
when
the
person
knows
the
person
is
infected
with
a
contagious
or
infectious
disease
and
exposes
an
uninfected
person
to
the
contagious
or
infectious
disease
with
the
intent
that
the
uninfected
person
Senate
File
2297,
p.
2
contract
the
contagious
or
infectious
disease,
and
the
conduct
results
in
the
uninfected
person
becoming
infected
with
the
contagious
or
infectious
disease.
2.
A
person
commits
a
class
“D”
felony
when
the
person
knows
the
person
is
infected
with
a
contagious
or
infectious
disease
and
exposes
an
uninfected
person
to
the
contagious
or
infectious
disease
with
the
intent
that
the
uninfected
person
contract
the
contagious
or
infectious
disease,
but
the
conduct
does
not
result
in
the
uninfected
person
becoming
infected
with
the
contagious
or
infectious
disease.
3.
A
person
commits
a
class
“D”
felony
when
the
person
knows
the
person
is
infected
with
a
contagious
or
infectious
disease
and
exposes
an
uninfected
person
to
the
contagious
or
infectious
disease
acting
with
a
reckless
disregard
as
to
whether
the
uninfected
person
contracts
the
contagious
or
infectious
disease,
and
the
conduct
results
in
the
uninfected
person
becoming
infected
with
the
contagious
or
infectious
disease.
4.
A
person
commits
a
serious
misdemeanor
when
the
person
knows
the
person
is
infected
with
a
contagious
or
infectious
disease
and
exposes
an
uninfected
person
to
the
contagious
or
infectious
disease
acting
with
a
reckless
disregard
as
to
whether
the
uninfected
person
contracts
the
contagious
or
infectious
disease,
but
the
conduct
does
not
result
in
the
uninfected
person
becoming
infected
with
the
contagious
or
infectious
disease.
5.
The
act
of
becoming
pregnant
while
infected
with
a
contagious
or
infectious
disease,
continuing
a
pregnancy
while
infected
with
a
contagious
or
infectious
disease,
or
declining
treatment
for
a
contagious
or
infectious
disease
during
pregnancy
shall
not
constitute
a
crime
under
this
chapter.
6.
Evidence
that
a
person
knows
the
person
is
infected
with
a
contagious
or
infectious
disease
and
has
engaged
in
conduct
that
exposes
others
to
the
contagious
or
infectious
disease,
regardless
of
the
frequency
of
the
conduct,
is
insufficient
on
its
own
to
prove
the
intent
to
transmit
the
contagious
or
infectious
disease.
7.
A
person
does
not
act
with
the
intent
required
pursuant
to
subsection
1
or
2,
or
with
the
reckless
disregard
required
pursuant
to
subsection
3
or
4,
if
the
person
takes
practical
means
to
prevent
transmission,
or
if
the
person
informs
the
uninfected
person
that
the
person
has
a
contagious
or
infectious
disease
and
offers
to
take
practical
means
Senate
File
2297,
p.
3
to
prevent
transmission
but
that
offer
is
rejected
by
the
uninfected
person
subsequently
exposed
to
the
infectious
or
contagious
disease.
8.
It
is
an
affirmative
defense
to
a
charge
under
this
section
if
the
person
exposed
to
the
contagious
or
infectious
disease
knew
that
the
infected
person
was
infected
with
the
contagious
or
infectious
disease
at
the
time
of
the
exposure
and
consented
to
exposure
with
that
knowledge.
Sec.
4.
NEW
SECTION
.
709D.4
Additional
remedies.
This
chapter
shall
not
be
construed
to
preclude
the
use
of
any
other
civil
or
criminal
remedy
available
relating
to
the
transmission
of
a
contagious
or
infectious
disease.
Sec.
5.
Section
141A.9,
subsection
2,
paragraph
i,
Code
2014,
is
amended
to
read
as
follows:
i.
Pursuant
to
sections
915.42
and
915.43
,
to
a
convicted
or
alleged
sexual
assault
offender;
the
physician
or
other
health
care
provider
who
orders
the
test
of
a
convicted
or
alleged
offender;
the
victim;
the
parent,
guardian,
or
custodian
of
the
victim
if
the
victim
is
a
minor;
the
physician
of
the
victim
if
requested
by
the
victim;
the
victim
counselor
or
person
requested
by
the
victim
to
provide
counseling
regarding
the
HIV-related
test
and
results;
the
victim’s
spouse;
persons
with
whom
the
victim
has
engaged
in
vaginal,
anal,
or
oral
intercourse
subsequent
to
the
sexual
assault;
members
of
the
victim’s
family
within
the
third
degree
of
consanguinity;
and
the
county
attorney
who
may
use
the
results
as
evidence
in
the
prosecution
of
sexual
assault
under
chapter
915,
subchapter
V
,
or
prosecution
of
the
offense
of
criminal
transmission
of
HIV
under
chapter
709C
filed
the
petition
for
HIV-related
testing
under
section
915.42
.
For
the
purposes
of
this
paragraph,
“victim”
means
victim
as
defined
in
section
915.40
.
Sec.
6.
Section
692A.101,
subsection
1,
paragraph
a,
subparagraph
(9),
Code
2014,
is
amended
by
striking
the
subparagraph.
Sec.
7.
Section
692A.102,
subsection
1,
paragraph
c,
subparagraph
(23),
Code
2014,
is
amended
by
striking
the
subparagraph.
Sec.
8.
Section
915.43,
subsections
4
and
5,
Code
2014,
are
amended
to
read
as
follows:
4.
Results
of
a
test
performed
under
this
subchapter
,
except
as
provided
in
subsection
13
,
shall
be
disclosed
only
to
the
physician
or
other
practitioner
who
orders
the
test
of
the
convicted
or
alleged
offender;
the
convicted
or
alleged
Senate
File
2297,
p.
4
offender;
the
victim;
the
victim
counselor
or
person
requested
by
the
victim
to
provide
counseling
regarding
the
HIV-related
test
and
results;
the
physician
of
the
victim
if
requested
by
the
victim;
the
parent,
guardian,
or
custodian
of
the
victim,
if
the
victim
is
a
minor;
and
the
county
attorney
who
filed
the
petition
for
HIV-related
testing
under
this
chapter
,
who
may
use
the
results
to
file
charges
of
criminal
transmission
of
HIV
under
chapter
709C
.
Results
of
a
test
performed
under
this
subchapter
shall
not
be
disclosed
to
any
other
person
without
the
written
informed
consent
of
the
convicted
or
alleged
offender.
A
person
to
whom
the
results
of
a
test
have
been
disclosed
under
this
subchapter
is
subject
to
the
confidentiality
provisions
of
section
141A.9
,
and
shall
not
disclose
the
results
to
another
person
except
as
authorized
by
section
141A.9,
subsection
2
,
paragraph
“i”
.
5.
If
testing
is
ordered
under
this
subchapter
,
the
court
shall
also
order
periodic
testing
of
the
convicted
offender
during
the
period
of
incarceration,
probation,
or
parole
or
of
the
alleged
offender
during
a
period
of
six
months
following
the
initial
test
if
the
physician
or
other
practitioner
who
ordered
the
initial
test
of
the
convicted
or
alleged
offender
certifies
that,
based
upon
prevailing
scientific
opinion
regarding
the
maximum
period
during
which
the
results
of
an
HIV-related
test
may
be
negative
for
a
person
after
being
HIV-infected,
additional
testing
is
necessary
to
determine
whether
the
convicted
or
alleged
offender
was
HIV-infected
at
the
time
the
sexual
assault
or
alleged
sexual
assault
was
perpetrated.
The
results
of
the
test
conducted
pursuant
to
this
subsection
shall
be
released
only
to
the
physician
or
other
practitioner
who
orders
the
test
of
the
convicted
or
alleged
offender,
the
convicted
or
alleged
offender,
the
victim
counselor
or
person
requested
by
the
victim
to
provide
the
counseling
regarding
the
HIV-related
test
and
results
who
shall
disclose
the
results
to
the
petitioner,
the
physician
of
the
victim,
if
requested
by
the
victim,
and
the
county
attorney
who
may
use
the
results
as
evidence
in
the
prosecution
of
the
sexual
assault
or
in
the
prosecution
of
the
offense
of
criminal
transmission
of
HIV
under
chapter
709C
filed
the
petition
for
HIV-related
testing
under
section
915.42
.
Sec.
9.
REPEAL.
Chapter
709C,
Code
2014,
is
repealed.
Sec.
10.
SEX
OFFENDER
REGISTRY
——
EXPUNGEMENT
OF
RECORD.
1.
The
division
of
criminal
investigation
in
the
department
of
public
safety
shall
expunge
the
registration
of
a
registrant
Senate
File
2297,
p.
5
who
was
required
to
register
on
the
state’s
sex
offender
registry
pursuant
to
chapter
692A,
Code
2014,
on
the
basis
of
having
been
convicted
of
the
aggravated
offense
of
criminal
transmission
of
human
immunodeficiency
virus
in
violation
of
section
709C.1,
subsection
1,
paragraph
“a”,
Code
2014,
provided
the
registrant
has
been
convicted
of
no
other
offense
requiring
registration.
2.
The
department
of
public
safety
shall
also
remove
the
relevant
information
of
such
a
person
specified
in
subsection
1
from
the
sex
offender
registry
internet
site
provided
the
person
has
been
convicted
of
no
other
offense
requiring
registration.
Upon
removal
of
the
relevant
information
from
the
sex
offender
registry
internet
site,
the
relevant
information
of
the
person
shall
no
longer
be
displayed
on
the
sex
offender
registry
internet
site
unless
the
person
is
convicted
of
another
offense
that
requires
registration.
Sec.
11.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
PAM
JOCHUM
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2297,
Eighty-fifth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2014
______________________________
TERRY
E.
BRANSTAD
Governor