RESOLUTION

WHEREAS, the Legislature finds that the spread of the HIV virus is a critical health concern that requires urgent and effective action; and

WHEREAS, the number of AIDS cases in Hawaii increased from one hundred nine in the year 2000 to one hundred twenty-seven in the year 2001; and

WHEREAS, according to Department of Health statistics, male-to-male sex accounts for eighty-four per cent of the reported cases in the State; and

WHEREAS, nationwide, the rate of new HIV infections have doubled in the last four years, and the largest increase has occurred in the gay male community; and

WHEREAS, there is mounting concern over the increased incidence of unprotected sex in the gay community, which increases the risk of HIV infection; and

WHEREAS, many instances of HIV-positive individuals knowingly exposing others to the virus have made national headlines; and

WHEREAS, at least thirty states now have laws that make it unlawful for those infected with HIV to knowingly expose or transmit the disease to others without their knowledge or consent; and

WHEREAS, the Legislature believes that it is essential to send a clear message that irresponsible sexual activity kills; and

WHEREAS, the Legislature accordingly finds that it is necessary and appropriate to impose criminal penalties upon those persons who knowingly put others at risk for HIV infection and AIDS; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the Senate concurring, that the Legislative Reference Bureau is requested to study the issue of appropriate criminal penalties for those persons who knowingly put others at risk for HIV infection and AIDS; and

BE IT FURTHER RESOLVED that the Bureau is requested to include in its study:

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to report its findings and recommendations to the Legislature not later than sixty days prior to the convening of the Regular Session of 2003; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Acting Director of the Legislative Reference Bureau and the Director of Health.

Report Title:

HIV Infection and AIDS