REPORT TITLE:
HIV; Criminal Exposure


DESCRIPTION:
Makes a class C felony the criminal exposure of another to HIV.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2602
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE PENAL CODE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that individuals need to
 
 2 be protected from being unknowingly infected with the human
 
 3 immunodeficiency virus (HIV).  Currently, there is no criminal
 
 4 sanction or disincentive to refrain from knowingly infecting
 
 5 another person with HIV through a variety of ways, including
 
 6 intimate contact, donating infected bodily fluids or organs, or
 
 7 sharing nonsterile drug paraphernalia.  The purpose of this Act
 
 8 is to make the knowing exposure of another to HIV a class C
 
 9 felony.
 
10      SECTION 2.  Chapter 707, Hawaii Revised Statutes, is amended
 
11 by adding a new section to be appropriately designated and to
 
12 read as follows:
 
13      "§707-    Criminal exposure of another to the human
 
14 immunodeficiency virus.  (1)  A person, who knows that he or she
 
15 is infected with human immunodeficiency virus (HIV), commits the
 
16 offense of criminal exposure of another to the human
 
17 immunodeficiency virus if the person knowingly:
 
18      (a)  Engages in intimate contact with another;
 
19      (b)  Transfers, donates, or provides the person's blood,
 

 
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 1           tissue, semen, organs, or other potentially infectious
 
 2           bodily fluids or parts for transfusion,
 
 3           transplantation, insemination, or other administration
 
 4           to another in any manner that presents a significant
 
 5           risk of HIV transmission; or
 
 6      (c)  Dispenses, delivers, exchanges, sells, or in any other
 
 7           way transfers to another any nonsterile intravenous or
 
 8           intramuscular drug paraphernalia.
 
 9      (2)  To create an affirmative defense to prosecution, the
 
10 defense must be proven by a preponderance of the evidence that
 
11 the person exposed to HIV:
 
12      (a)  Knew that the infected person was infected with HIV;
 
13      (b)  Knew that the action could result in infection with
 
14           HIV; and
 
15      (c)  Gave advance consent to the action with that knowledge.
 
16      (3)  The actual transmission of HIV is not required in order
 
17 for a person to have committed the offense of criminal exposure
 
18 of another to the human immunodeficiency virus."
 
19      SECTION 3.  This Act does not affect rights and duties that
 
20 matured, penalties that were incurred, and proceedings that were
 
21 begun, before its effective date.
 
22      SECTION 4.  New statutory material is underscored.
 

 
 
 
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 1      SECTION 5.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:_________________________