House File 320 - Introduced




                                 HOUSE FILE       
                                 BY  WESSEL=KROESCHELL

                                      A BILL FOR

  1 An Act relating to the intentional transmission of a contagious
  2    or infectious disease, and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1985HH (7) 85
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PAG LIN



  1  1    Section 1.  NEW SECTION.  709D.1  Title.
  1  2    This chapter shall be known and may be cited as the
  1  3 "Contagious or Infectious Disease Transmission Act".
  1  4    Sec. 2.  NEW SECTION.  709D.2  Definitions.
  1  5    As used in this chapter, unless the context otherwise
  1  6 requires:
  1  7    1.  "Contagious or infectious disease" means hepatitis in any
  1  8 form, meningococcal disease, AIDS or HIV as defined in section
  1  9 141A.1, or tuberculosis.
  1 10    2.  "Exposes" means engaging in conduct that poses a
  1 11 substantial risk of transmission, but does not include conduct
  1 12 posing a low or negligible risk of transmission, consistent
  1 13 with guidance issued by the centers for disease control and
  1 14 prevention of the United States department of health and human
  1 15 services.
  1 16    3.  "Practical means to prevent transmission" means
  1 17 substantial compliance with a treatment regimen prescribed
  1 18 by a health care provider that measurably limits the risk
  1 19 of transmission of the contagious or infectious disease,
  1 20 substantial compliance with behavioral recommendations of
  1 21 the infected person's health care provider or public health
  1 22 officials to measurably limit the risk of transmission of the
  1 23 contagious or infectious disease, or other methods generally
  1 24 accepted by the medical profession to measurably limit the risk
  1 25 of transmission of the contagious or infectious disease, such
  1 26 as use of a medically indicated respiratory mask or use of a
  1 27 prophylactic device.
  1 28    Sec. 3.  NEW SECTION.  709D.3  Intentional transmission of a
  1 29 contagious or infectious disease.
  1 30    1.  A person commits a class "C" felony when the person
  1 31 knows the person is infected with a contagious or infectious
  1 32 disease and exposes an uninfected person to the contagious or
  1 33 infectious disease with the intent that the uninfected person
  1 34 contract the contagious or infectious disease, and the conduct
  1 35 results in the uninfected person becoming infected with the
  2  1 contagious or infectious disease.
  2  2    2.  A person commits a class "D" felony when the person
  2  3 knows the person is infected with a contagious or infectious
  2  4 disease and exposes an uninfected person to the contagious or
  2  5 infectious disease with the intent that the uninfected person
  2  6 contract the contagious or infectious disease, but the conduct
  2  7 does not result in the uninfected person becoming infected with
  2  8 the contagious or infectious disease.
  2  9    3.  A person commits an aggravated misdemeanor when the
  2 10 person knows the person is infected with a contagious or
  2 11 infectious disease and exposes an uninfected person to the
  2 12 contagious or infectious disease acting with a reckless
  2 13 disregard as to whether the uninfected person contracts the
  2 14 contagious or infectious disease, and the conduct results in
  2 15 the uninfected person becoming infected with the contagious or
  2 16 infectious disease.
  2 17    4.  The act of becoming pregnant while infected with a
  2 18 contagious or infectious disease, continuing a pregnancy while
  2 19 infected with a contagious or infectious disease, or declining
  2 20 treatment for a contagious or infectious disease during
  2 21 pregnancy shall not constitute a crime under this chapter.
  2 22    5.  Evidence that a person knows the person is infected with
  2 23 a contagious or infectious disease and has engaged in conduct
  2 24 that exposes others to the contagious or infectious disease,
  2 25 regardless of the frequency of the conduct, is insufficient
  2 26 on its own to prove the intent to transmit the contagious or
  2 27 infectious disease.
  2 28    6.  A person does not act with the intent required pursuant
  2 29 to subsection 1 or 2, or with the reckless disregard required
  2 30 pursuant to subsection 3, if the person takes practical
  2 31 means to prevent transmission, or if the person informs
  2 32 the uninfected person that the person has a contagious
  2 33 or infectious disease and offers to take practical means
  2 34 to prevent transmission but that offer is rejected by the
  2 35 uninfected person subsequently exposed to the infectious or
  3  1 contagious disease.
  3  2    7.  It is an affirmative defense to a charge under this
  3  3 section if the person exposed to the contagious or infectious
  3  4 disease knew that the infected person was infected with the
  3  5 contagious or infectious disease at the time of the exposure
  3  6 and consented to exposure with that knowledge.
  3  7    Sec. 4.  Section 141A.9, subsection 2, paragraph i, Code
  3  8 2013, is amended to read as follows:
  3  9    i.  Pursuant to sections 915.42 and 915.43, to a convicted or
  3 10 alleged sexual assault offender; the physician or other health
  3 11 care provider who orders the test of a convicted or alleged
  3 12 offender; the victim; the parent, guardian, or custodian of the
  3 13 victim if the victim is a minor; the physician of the victim
  3 14 if requested by the victim; the victim counselor or person
  3 15 requested by the victim to provide counseling regarding the
  3 16 HIV=related test and results; the victim's spouse; persons
  3 17 with whom the victim has engaged in vaginal, anal, or oral
  3 18 intercourse subsequent to the sexual assault; members of the
  3 19 victim's family within the third degree of consanguinity; and
  3 20 the county attorney who may use the results as evidence in the
  3 21 prosecution of sexual assault under chapter 915, subchapter V,
  3 22 or prosecution of the offense of criminal transmission of HIV
  3 23 under chapter 709C filed the petition for HIV=related testing
  3 24 under section 915.42. For the purposes of this paragraph,
  3 25 "victim" means victim as defined in section 915.40.
  3 26    Sec. 5.  Section 692A.101, subsection 1, paragraph a,
  3 27 subparagraph (9), Code 2013, is amended by striking the
  3 28 subparagraph.
  3 29    Sec. 6.  Section 692A.102, subsection 1, paragraph c,
  3 30 subparagraph (23), Code 2013, is amended by striking the
  3 31 subparagraph.
  3 32    Sec. 7.  Section 915.43, subsections 4 and 5, Code 2013, are
  3 33 amended to read as follows:
  3 34    4.  Results of a test performed under this subchapter,
  3 35 except as provided in subsection 13, shall be disclosed only
  4  1 to the physician or other practitioner who orders the test of
  4  2 the convicted or alleged offender; the convicted or alleged
  4  3 offender; the victim; the victim counselor or person requested
  4  4 by the victim to provide counseling regarding the HIV=related
  4  5 test and results; the physician of the victim if requested by
  4  6 the victim; the parent, guardian, or custodian of the victim,
  4  7 if the victim is a minor; and the county attorney who filed
  4  8 the petition for HIV=related testing under this chapter, who
  4  9 may use the results to file charges of criminal transmission
  4 10 of HIV under chapter 709C.  Results of a test performed under
  4 11 this subchapter shall not be disclosed to any other person
  4 12 without the written informed consent of the convicted or
  4 13 alleged offender. A person to whom the results of a test
  4 14 have been disclosed under this subchapter is subject to the
  4 15 confidentiality provisions of section 141A.9, and shall not
  4 16 disclose the results to another person except as authorized by
  4 17 section 141A.9, subsection 2, paragraph "i".
  4 18    5.  If testing is ordered under this subchapter, the court
  4 19 shall also order periodic testing of the convicted offender
  4 20 during the period of incarceration, probation, or parole or of
  4 21 the alleged offender during a period of six months following
  4 22 the initial test if the physician or other practitioner who
  4 23 ordered the initial test of the convicted or alleged offender
  4 24 certifies that, based upon prevailing scientific opinion
  4 25 regarding the maximum period during which the results of an
  4 26 HIV=related test may be negative for a person after being
  4 27 HIV=infected, additional testing is necessary to determine
  4 28 whether the convicted or alleged offender was HIV=infected
  4 29 at the time the sexual assault or alleged sexual assault was
  4 30 perpetrated. The results of the test conducted pursuant to
  4 31 this subsection shall be released only to the physician or
  4 32 other practitioner who orders the test of the convicted or
  4 33 alleged offender, the convicted or alleged offender, the victim
  4 34 counselor or person requested by the victim to provide the
  4 35 counseling regarding the HIV=related test and results who shall
  5  1 disclose the results to the petitioner, the physician of the
  5  2 victim, if requested by the victim, and the county attorney
  5  3 who may use the results as evidence in the prosecution of the
  5  4 sexual assault or in the prosecution of the offense of criminal
  5  5 transmission of HIV under chapter 709C filed the petition for
  5  6 HIV=related testing under section 915.42.
  5  7    Sec. 8.  REPEAL.  Chapter 709C, Code 2013, is repealed.
  5  8                           EXPLANATION
  5  9    This bill creates the Contagious or Infectious Disease
  5 10 Transmission Act and establishes crimes relating to the
  5 11 intentional transmission of a contagious or infectious disease.
  5 12    The bill provides that a person commits a class "C" felony
  5 13 when the person knows the person is infected with a contagious
  5 14 or infectious disease and exposes an uninfected person to
  5 15 the contagious or infectious disease with the intent that
  5 16 the uninfected person contract the contagious or infectious
  5 17 disease, and the conduct results in the uninfected person
  5 18 becoming infected with the contagious or infectious disease.
  5 19 A class "C" felony is punishable by confinement for no more
  5 20 than 10 years and a fine of at least $1,000 but not more than
  5 21 $10,000.
  5 22    A person commits a class "D" felony when the person knows
  5 23 that the person has a contagious or infectious disease and
  5 24 exposes an uninfected person to the contagious or infectious
  5 25 disease with the intent that the uninfected person contract
  5 26 the contagious or infectious disease, but the conduct does
  5 27 not result in the uninfected person becoming infected with
  5 28 the contagious or infectious disease. A class "D" felony is
  5 29 punishable by confinement for no more than five years and a
  5 30 fine of at least $750 but not more than $7,500.
  5 31    A person commits an aggravated misdemeanor when the person
  5 32 knows the person is infected with a contagious or infectious
  5 33 disease and exposes an uninfected person to the contagious
  5 34 or infectious disease acting with a reckless disregard as
  5 35 to whether the uninfected person contracts the contagious
  6  1 or infectious disease, and the conduct results in the
  6  2 uninfected person becoming infected with the contagious or
  6  3 infectious disease.  An aggravated misdemeanor is punishable by
  6  4 confinement for no more than two years and a fine of at least
  6  5 $625 but not more than $6,250.
  6  6    The bill provides that becoming pregnant while infected with
  6  7 a contagious or infectious disease, continuing a pregnancy
  6  8 while infected with a contagious or infectious disease, or
  6  9 declining treatment for a contagious or infectious disease
  6 10 during pregnancy does not constitute a crime under the bill.
  6 11 The bill also specifies that evidence that a person knows the
  6 12 person is infected with a contagious or infectious disease and
  6 13 has engaged in conduct that exposes others to the contagious or
  6 14 infectious disease, regardless of the frequency of the conduct,
  6 15 is insufficient on its own to prove the intent to transmit
  6 16 the contagious or infectious disease. Additionally, the bill
  6 17 specifies that a person does not act with the intent or the
  6 18 reckless disregard required to commit the crimes specified
  6 19 under the bill if the person takes practical means to prevent
  6 20 transmission, or if the person informs the uninfected person of
  6 21 the person's contagious or infectious disease status and offers
  6 22 to take practical means to prevent transmission but that offer
  6 23 is rejected by the uninfected person subsequently exposed to
  6 24 the infectious or contagious disease. Under the bill, it is an
  6 25 affirmative defense to a charge under the bill if the person
  6 26 exposed to the contagious or infectious disease knew that the
  6 27 infected person was infected with the contagious or infectious
  6 28 disease at the time of the exposure and consented to exposure
  6 29 with that knowledge.
  6 30    The bill also repeals the provision establishing the knowing
  6 31 transmission of the human immunodeficiency virus (HIV) as
  6 32 a crime under Code section 709C.1. Under current Code, a
  6 33 person commits criminal transmission of HIV if the person,
  6 34 knowing that the person's human immunodeficiency virus status
  6 35 is positive, engages in intimate contact with another person;
  7  1 transfers, donates, or provides the person's blood, tissue,
  7  2 semen, organs, or other potentially infectious bodily fluids
  7  3 for transfusion, transplantation, insemination, or other
  7  4 administration to another person; or dispenses, delivers,
  7  5 exchanges, sells, or in any other way transfers to another
  7  6 person any nonsterile intravenous or intramuscular drug
  7  7 paraphernalia previously used by the person infected with the
  7  8 human immunodeficiency virus. Under current law, criminal
  7  9 transmission of the human immunodeficiency virus is a class "B"
  7 10 felony, which is punishable by confinement for no more than 25
  7 11 years. The bill also makes conforming amendments throughout
  7 12 the Code to eliminate references to the repealed Code section.
       LSB 1985HH (7) 85
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