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

00CS 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.