CALIFORNIA LEGISLATURE REDUCING PENALTIES FOR HIV PATIENTS WHO DELIBERATLY SPREAD THE VIRUS (INCLUDING DONATING BLOOD)…….


CALIFORNIA SB 239

Enrolled  September 13, 2017
Passed  IN  Senate  September 11, 2017
Passed  IN  Assembly  September 07, 2017
Amended  IN  Assembly  August 28, 2017
Amended  IN  Assembly  June 21, 2017
Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  April 04, 2017
Amended  IN  Senate  March 21, 2017

SCOTT WIENER


 

Introduced by Senator Wiener
(Principal coauthor: Assembly Member Gloria)
(Coauthors: Senators Atkins, Mitchell, and Skinner)
(Coauthors: Assembly Members Chiu, Eggman, and Gipson)

(1) Existing law makes it a felony punishable by imprisonment for 3, 5, or 8 years in the state prison to expose another person to the human immunodeficiency virus (HIV) by engaging in unprotected sexual activity when the infected person knows at the time of the unprotected sex that he or she is infected with HIV, has not disclosed his or her HIV-positive status, and acts with the specific intent to infect the other person with HIV. Existing law makes it a felony punishable by imprisonment for 2, 4, or 6 years for any person to donate blood, tissue, or, under specified circumstances, semen or breast milk, if the person knows that he or she has acquired immunodeficiency syndrome (AIDS), or that he or she has tested reactive to HIV. Existing law provides that a person who is afflicted with a contagious, infectious, or communicable disease who willfully exposes himself or herself to another person, or any person who willfully exposes another person afflicted with the disease to someone else, is guilty of a misdemeanor.

This bill would repeal those provisions. The bill would instead make the intentional transmission of an infectious or communicable disease, as defined, a misdemeanor punishable by imprisonment in a county jail for not more than 6 months if certain circumstances apply, including that the defendant knows he or she or a 3rd party is afflicted with the disease, that the defendant acts with the specific intent to transmit or cause an afflicted 3rd party to transmit the disease to another person, that the defendant or the afflicted 3rd party engages in conduct that poses a substantial risk of transmission, as defined, that the defendant or the afflicted 3rd party transmits the disease to the other person, and if the exposure occurs through interaction with the defendant and not a 3rd party, that the person exposed to the disease during voluntary interaction with the defendant did not know that the defendant was afflicted with the disease. The bill would also make it a misdemeanor to attempt to intentionally transmit an infectious and communicable disease, as specified, punishable by imprisonment in a county jail for not more than 90 days. This bill would make willful exposure to an infectious or communicable disease, as defined, a misdemeanor punishable by imprisonment in a county jail for not more than 6 months, and would prohibit a health officer, or a health officer’s designee, from issuing a maximum of 2 instructions to a defendant that would result in a violation of this provision. The bill would impose various requirements upon the court in order to prevent the public disclosure of the identifying characteristics, as defined, of the complaining witness and the defendant. By creating new crimes, the bill would impose a state-mandated local program.

Read bill HERE

NOTE: THESE ARE JUST THE FIRST TWO PARAGRAPHS OF THE BILL THAT IS A TERRIBLE IDEA…….

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