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CSHB 199(STA): "An Act creating the crime of criminal transmission of HIV."

00 CS FOR HOUSE BILL NO. 199(STA)                                                                                          
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,                                                                                                 
01   (1)  "HIV" means human immunodeficiency virus or another identified                                                  
02 causative agent of acquired immunodeficiency syndrome;                                                                  
03   (2)  "intimate sexual contact" means sexual penetration or any sexual                                                
04 contact in which the body of one person is exposed to a body fluid of another person.                                   
05  (f)  Criminal transmission of HIV is a class A felony.                                                                
06    * Sec. 2.  AS 18.67.101 is amended to read:                                                                          
07  Sec. 18.67.101.  INCIDENTS AND OFFENSES TO WHICH THIS CHAPTER                                                         
08 APPLIES.  The board may order the payment of compensation in accordance with the                                        
09 provisions of this chapter for personal injury or death that resulted from                                              
10   (1)  an attempt on the part of the applicant to prevent the commission                                               
11 of crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police                                 
12 officer to do so, or aiding a victim of crime; or                                                                       
13   (2)  the commission or attempt on the part of one other than the                                                     
14 applicant to commit any of the following offenses:                                                                      
15   (A)  murder in any degree;                                                                                          
16   (B)  manslaughter;                                                                                                  
17   (C)  criminally negligent homicide;                                                                                 
18   (D)  assault in any degree;                                                                                         
19   (E)  kidnapping;                                                                                                    
20   (F)  sexual assault in any degree;                                                                                  
21   (G)  sexual abuse of a minor;                                                                                       
22   (H)  robbery in any degree;                                                                                         
23   (I)  threats to do bodily harm; [OR]                                                                                
24   (J)  driving while intoxicated or another crime resulting from the                                                  
25 operation of a motor vehicle, boat, or airplane when the offender is intoxicated;                                      
26 or                                                                                                                      
27   (K)  criminal transmission of HIV.