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HB 199: "An Act creating the crime of criminal transmission of HIV."

00 HOUSE BILL NO. 199                                                                                                      
01 "An Act creating the crime of criminal transmission of HIV."                                                            
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 11.41 is amended by adding new sections to read:                                                    
04 ARTICLE 6.  CRIMINAL TRANSMISSION OF HIV.                                                                               
05  Sec. 11.41.600.  CRIMINAL TRANSMISSION OF HIV.  (a)  A person                                                         
06 commits the crime of criminal transmission of HIV when the person, knowing that the                                     
07 person is infected with HIV,                                                                                            
08   (1)  voluntarily engages in intimate sexual contact with another person                                              
09 in a manner that could result in the transmission of HIV;                                                               
10   (2)  deliberately exposes the person's bodily fluid to the body of another                                           
11 person in a manner that could result in the transmission of HIV;                                                        
12   (3)  transfers, donates, or provides the person's blood, tissue, semen,                                              
13 organs, or other potentially infectious body fluids for transfusion, transplantation,                                   
14 insemination, or other administration to another; or                                                                    
01   (4)  dispenses, delivers, exchanges, sells, or in another way transfers to                                           
02 another a nonsterile device or paraphernalia designed for the intravenous or                                            
03 intramuscular administration of drugs.                                                                                  
04  (b)  It is an affirmative defense to a prosecution under                                                              
05   (1)  (a)(1) of this section that the intimate sexual contact occurred under                                          
06 the following conditions:                                                                                               
07   (A)  the parties to the intimate sexual contact were legally                                                        
08 married at the time of the contact;                                                                                     
09   (B)  the person exposed knew that the defendant was infected                                                        
10 with HIV, knew that the contact could result in transmission of HIV, and                                                
11 voluntarily participated in the contact with the knowledge; and                                                         
12   (C)  during the contact, the parties used reasonable prophylactic                                                   
13 measures designed to minimize the risk of transmission of sexually transmitted                                          
14 disease;                                                                                                                
15   (2)  (a)(2) of this section, that the exposure was incidental to the                                                 
16 administration of medical treatment to the defendant, that the treatment took place at                                  
17 the direction of a medical professional licensed and qualified to authorize the                                         
18 treatment, and that the defendant made efforts that were reasonable considering the                                     
19 circumstances to inform the medical professional that the defendant was infected with                                   
20 HIV;                                                                                                                    
21   (3)  (a)(1) or (2) of this section, that the person exposed to HIV by the                                            
22 proscribed conduct had, before that exposure, been medically diagnosed as being                                         
23 infected with HIV.                                                                                                      
24  (c)  In a prosecution under (a) of this section, the determination of whether a                                       
25 defendant acted with knowledge that the defendant was infected with HIV shall be                                        
26 based on the totality of the evidence concerning the existence of the knowledge, and                                    
27 may not be construed as requiring that the accused has submitted to or received the                                     
28 results of a particular test or method of diagnosis.                                                                    
29  (d)  This section does not require transmission of HIV to have actually occurred                                      
30 in order for a person to have committed criminal transmission of HIV.                                                   
31  (e)  In this section, "HIV" means human immunodeficiency virus.                                                       
01  (f)  Criminal transmission of HIV is a class A felony.