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ACT No. 1772026 Regular Session
HOUSE BILL NO. 808
BY REPRESENTATIVES MCMAHEN AND MANDIE LANDRY
1 AN ACT
2 To amend and reenact R.S. 14:43.5 and to enact Code of Criminal Procedure Article 726.1,
3 relative to the crime of intentional exposure to HIV; to provide for elements; to
4 provide for definitions; to provide relative to affirmative defenses; to provide relative
5 to notice for medical conditions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:43.5 is hereby amended and reenacted to read as follows:
8 §43.5. Intentional exposure to HIV
9 A. No person shall intentionally expose another person to the human
10 immunodeficiency virus (HIV) through without the knowing and lawful consent of
11 the victim when the offender knew that he was positive for HIV at the time of the
12 exposure and the contact posed a substantial likelihood of transmission as follows:
13 (1) Through sexual contact.
14 (2) Through the sharing of hypodermic needles or syringes without the
15 knowing and lawful consent of the victim, if at the time of the exposure the infected
16 person knew he was HIV positive.
17 B. (3) No person shall intentionally expose another to HIV through Through
18 any means or contact without the knowing and lawful consent of the victim, if at the
19 time of the exposure the infected person knew he was HIV positive that poses a
20 substantial likelihood of transmission.
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1 C. (4) No person shall intentionally expose a first responder to HIV through
2 Through any means or contact without the knowing and lawful consent of the first
3 responder when that poses a substantial likelihood of transmission if the offender
4 knows at the time of the offense that he is HIV positive, and has reasonable grounds
5 to believe the victim is a first responder acting in the performance of his duty official
6 duties.
7 D. B. For the purposes of this Section, the following terms have the
8 following meanings:
9 (1) "first First responder" includes a any of the following:
10 (a) A commissioned police officer, sheriff, deputy sheriff, marshal, deputy
11 marshal, correctional officer, constable, wildlife enforcement agent, and or probation
12 and parole officer, any.
13 (b) Any licensed emergency medical services practitioner as defined by in
14 R.S. 40:1131, and any.
15 (c) Any firefighter regularly employed by a fire department of any
16 municipality, parish, or fire protection district of the state or any volunteer firefighter
17 of the state.
18 (2) "Substantial likelihood of transmission" means conduct that includes
19 contact with blood, semen, or vaginal fluid that carries a significant probability of
20 HIV transmission according to current and generally accepted medical and scientific
21 evidence and standards. It does not include conduct that poses a negligible or
22 theoretical risk of HIV transmission.
23 E. C.(1) Whoever commits the crime of intentional exposure to HIV violates
24 the provisions of Paragraph (A)(1), (2), or (3) of this Section shall be fined not more
25 than five thousand dollars, imprisoned with or without hard labor for not more than
26 ten years, or both.
27 (2) Whoever commits the crime of intentional exposure to HIV against a first
28 responder violates the provisions of Paragraph (A)(4) of this Section shall be fined
29 not more than six thousand dollars, imprisoned with or without hard labor for not
30 more than eleven years, or both.
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1 F. D.(1) Any of the following shall be an affirmative defense, if proven by
2 a preponderance of the evidence, that to a violation of this Section:
3 (a) That the person exposed to HIV victim knew the infected person
4 defendant was infected with HIV positive for HIV, knew the action means, contact,
5 or conduct could result in infection with the transmission of HIV, and gave consent
6 to the action means, contact, or conduct with that knowledge.
7 (2) (b) It is also an affirmative defense that That the transfer of bodily fluid,
8 tissue, or organs blood, semen, or vaginal fluid occurred after advice from a licensed
9 physician that the accused defendant was noninfectious, and the accused defendant
10 disclosed his HIV-positive status to the victim.
11 (3) (c) It is also an affirmative defense that That the HIV-positive person
12 disclosed defendant either:
13 (i) Disclosed his HIV-positive status to the victim, and took practical means
14 to prevent transmission as advised by a physician or other healthcare provider or is.
15 (ii) Is a healthcare provider who was following professionally accepted
16 infection control procedures.
17 (d) That the defendant, at the time of the alleged transmission, disclosed to
18 the victim that the defendant was receiving medical care for HIV and maintained a
19 viral load consistent with levels recognized by prevailing medical standards that
20 effectively eliminated the risk of HIV transmission through sexual contact.
21 (2) The defendant bears the burden of proof for asserting any affirmative
22 defense provided in this Subsection.
23 E. Nothing in this Section shall be construed to criminalize conduct that
24 poses no medically recognized risk of HIV transmission.
25 Section 2. Code of Criminal Procedure Article 726.1 is hereby enacted to read as
26 follows:
27 Art. 726.1. Notice of medical condition
28 A. If a defendant intends to introduce documents or testimony relating to a
29 medical condition or related treatment on the basis of an affirmative defense, he shall
30 notify the district attorney in writing of such intention and file a copy of the notice
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1 with the clerk not later than ten days prior to trial or in a reasonable time as the court
2 may permit. The court may, for cause shown, allow late filing of the notice or grant
3 additional time to the parties to prepare for trial or issue any other orders as may be
4 appropriate. Upon motion of either party, the court shall order that such records be
5 filed under seal. Nothing in this Article shall be construed to relieve a defendant of
6 any obligation imposed pursuant to Article 725.
7 B. If the defendant fails to provide notice as required by Paragraph A of this
8 Article, the court may exclude the introduction of any documents or testimony of any
9 witness offered by the defendant on the issue of medical condition or related
10 treatment.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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