HB2688

Report Title:

Crime

Description:

A bill to criminalize the intentional spreading of HIV.

HOUSE OF REPRESENTATIVES	H.B. NO.	2688
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to the CRIME OF CRIMINAL EXPOSURE OF HIV.

 

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

SECTION 1. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§707-_____Criminal Exposure of HIV. (1) A person commits the offense of criminal exposure of HIV if the person who, knowing himself or herself to be infected with HIV, intentionally exposes another person to infection by:

(a) Engaging in sexual intercourse or other sexual contact with another person;

(b) Transferring, donating, or providing blood, tissue, semen, organs, or other potentially infectious body fluids or parts for transfusion, transplantation, insemination, or other administration to another in any manner that presents a significant risk of HIV transmission;

(c) Dispensing, delivering, exchanging, selling, or in any other way transferring to another person any nonsterile intravenous or intramuscular drug paraphernalia that has been contaminated by himself or herself; or

(d) Throwing, smearing, or otherwise causing blood or semen, to come in contact with another person for the purpose of exposing that person to HIV infection.

(2) As used in this section:

(a) The term 'HIV' means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome;

(b) The term 'intravenous or intramuscular drug paraphernalia' means any equipment, product, or material of any kind which is particular to and marketed for use in injecting a substance into the human body.

(3) It is an affirmative defense to prosecution under section (a) if proven by the preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and consented to the action with that knowledge.

(4) Nothing in this section shall be construed to require the actual transmission of HIV in order for a person to have committed the offense of criminal exposure of HIV.

(5) Criminal exposure of HIV is a class A felony.

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________