Bill Text: IA SF323 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the criminal or attempted criminal transmission of the human immunodeficiency virus, and providing a penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF323 Detail]
Download: Iowa-2011-SF323-Introduced.html
Senate
File
323
-
Introduced
SENATE
FILE
323
BY
McCOY
A
BILL
FOR
An
Act
relating
to
the
criminal
or
attempted
criminal
1
transmission
of
the
human
immunodeficiency
virus,
and
2
providing
a
penalty.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
692A.101,
subsection
1,
paragraph
1
a,
subparagraph
(9),
Code
2011,
is
amended
by
striking
the
2
subparagraph.
3
Sec.
2.
Section
692A.102,
subsection
1,
paragraph
c,
4
subparagraph
(23),
Code
2011,
is
amended
by
striking
the
5
subparagraph.
6
Sec.
3.
Section
709C.1,
Code
2011,
is
amended
to
read
as
7
follows:
8
709C.1
Criminal
or
attempted
criminal
transmission
of
human
9
immunodeficiency
virus.
10
1.
A
person
commits
criminal
or
attempted
criminal
11
transmission
of
the
human
immunodeficiency
virus
if
the
person,
12
knowing
that
the
person’s
human
immunodeficiency
virus
status
13
is
positive,
does
any
of
the
following:
14
a.
Engages
in
unprotected
intimate
contact
with
another
15
person.
16
b.
Transfers,
donates,
or
provides
the
person’s
blood,
17
tissue,
semen,
organs,
or
other
potentially
infectious
bodily
18
fluids
for
transfusion,
transplantation,
insemination,
or
other
19
administration
to
another
person.
20
c.
Dispenses,
delivers,
exchanges,
sells,
or
in
any
other
21
way
transfers
to
another
person
any
nonsterile
intravenous
or
22
intramuscular
drug
paraphernalia
previously
used
by
the
person
23
infected
with
the
human
immunodeficiency
virus.
24
2.
For
the
purposes
of
this
section
:
25
a.
“Another
person”
means
a
person
who
does
not
know
the
26
infected
person’s
human
immunodeficiency
virus
status
is
27
positive
at
the
time
of
the
exposure,
does
not
know
the
action
28
of
exposure
could
result
in
the
transmission
of
the
human
29
immunodeficiency
virus,
or,
with
the
knowledge
the
infected
30
person
has
a
positive
human
immunodeficiency
virus
status,
does
31
not
consent
to
the
action
of
exposure.
32
a.
b.
“Human
immunodeficiency
virus”
means
the
human
33
immunodeficiency
virus
identified
as
the
causative
agent
of
34
acquired
immune
deficiency
syndrome.
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b.
c.
“Intimate
contact”
means
the
intentional
exposure
1
of
the
body
of
one
person
to
a
bodily
fluid
of
another
person
2
in
a
manner
that
could
result
in
the
transmission
of
the
human
3
immunodeficiency
virus.
4
c.
d.
“Intravenous
or
intramuscular
drug
paraphernalia”
5
means
any
equipment,
product,
or
material
of
any
kind
which
is
6
peculiar
to
and
marketed
for
use
in
injecting
a
substance
into
7
or
withdrawing
a
bodily
fluid
from
the
human
body.
8
e.
“Unprotected
intimate
contact”
means
intimate
contact
9
that
does
not
involve
the
use
of
a
condom
or
similar
device.
10
3.
a.
Criminal
transmission
of
the
human
immunodeficiency
11
virus
is
a
class
“B”
felony
if
an
infection
with
the
human
12
immunodeficiency
virus
occurred
.
13
b.
Attempted
criminal
transmission
of
the
human
14
immunodeficiency
virus
is
an
aggravated
misdemeanor
if
no
15
infection
with
the
human
immunodeficiency
virus
occurred.
16
4.
This
section
shall
not
be
construed
to
require
that
an
17
infection
with
the
human
immunodeficiency
virus
has
occurred
18
for
a
person
to
have
committed
criminal
transmission
of
the
19
human
immunodeficiency
virus.
20
5.
It
is
an
affirmative
defense
that
the
person
exposed
to
21
the
human
immunodeficiency
virus
knew
that
the
infected
person
22
had
a
positive
human
immunodeficiency
virus
status
at
the
time
23
of
the
action
of
exposure,
knew
that
the
action
of
exposure
24
could
result
in
transmission
of
the
human
immunodeficiency
25
virus,
and
consented
to
the
action
of
exposure
with
that
26
knowledge.
27
EXPLANATION
28
This
bill
relates
to
criminal
transmission
of
the
human
29
immunodeficiency
virus.
30
The
bill
provides
that
a
person
commits
criminal
31
transmission
of
the
human
immunodeficiency
virus
if
the
32
person
has
unprotected
intimate
contact
with
another
person
33
who
does
not
have
knowledge
of
the
person’s
positive
human
34
immunodeficiency
virus
status,
does
not
know
the
action
of
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323
exposure
could
result
in
the
transmission
of
the
virus,
or,
1
with
the
knowledge
the
infected
person
has
a
positive
human
2
immunodeficiency
virus
status,
does
not
consent
to
the
action
3
of
exposure.
The
bill
defines
“unprotected
intimate
contact”
4
to
mean
intimate
contact
that
does
not
involve
the
use
of
a
5
condom
or
similar
device.
Current
law
does
not
specify
whether
6
the
intimate
contact
be
protected
contact
or
unprotected
7
contact,
only
that
the
intimate
contact
lead
to
the
intentional
8
exposure
of
the
body
of
one
person
to
a
bodily
fluid
of
another
9
person
in
a
manner
that
could
result
in
the
transmission
of
the
10
human
immunodeficiency
virus.
11
The
bill
provides
a
different
criminal
penalty
for
criminal
12
transmission
of
the
human
immunodeficiency
virus
and
for
13
attempted
criminal
transmission
of
the
human
immunodeficiency
14
virus.
Under
the
bill,
the
criminal
penalty
for
criminal
15
transmission
of
the
human
immunodeficiency
virus
remains
a
16
class
“B”
felony
if
a
human
immunodeficiency
virus
infection
17
occurred.
If
no
human
immunodeficiency
virus
infection
occurs,
18
the
offense
is
classified
as
attempted
criminal
transmission
19
of
the
human
immunodeficiency
virus,
and
this
offense
is
20
classified
as
an
aggravated
misdemeanor.
21
The
bill
strikes
a
provision
providing
an
affirmative
22
defense
to
the
crime
of
criminal
transmission
of
the
human
23
immunodeficiency
virus
when
the
alleged
victim
knew
of
the
24
defendant’s
positive
human
immunodeficiency
virus
status,
knew
25
the
action
of
exposure
could
result
in
the
transmission
of
26
the
virus,
and
consented
to
the
action
of
exposure
with
that
27
knowledge.
28
The
bill
strikes
the
requirement
that
a
person
convicted
29
of
criminal
transmission
of
the
human
immunodeficiency
virus
30
be
required
to
register
as
a
sex
offender
and
also
does
not
31
require
a
person
convicted
of
attempted
criminal
transmission
32
of
the
human
immunodeficiency
virus
to
register
as
a
sex
33
offender.
34
A
class
“B”
felony
is
punishable
by
confinement
for
no
more
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