HLS 18RS-579 REENGROSSED
2018 Regular Session
HOUSE BILL NO. 275
BY REPRESENTATIVE JORDAN
CRIME: Prohibits the intentional exposure to HIV
1 AN ACT
2To amend and reenact R.S. 14:43.5, relative to the crime of intentional exposure to the
3 human immunodeficiency virus; to provide for the elements of the offense; to
4 provide for definitions; to provide for affirmative defenses; and to provide for
5 related matters.
6Be 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 ยง43.5. Intentional exposure to AIDS virus HIV
9 A. No person shall intentionally expose another to any acquired
10 immunodeficiency syndrome (AIDS) the human immunodeficiency virus (HIV)
11 through sexual contact without the knowing and lawful consent of the victim, if at
12 the time of the exposure the infected person knew he was HIV positive.
13 B. No person shall intentionally expose another to any acquired
14 immunodeficiency syndrome (AIDS) virus HIV through any means or contact
15 without the knowing and lawful consent of the victim, if at the time of the exposure
16 the infected person knew he was HIV positive.
17 C. No person shall intentionally expose a police officer to any AIDS virus
18 HIV through any means or contact without the knowing and lawful consent of the
19 police officer when the offender knows at the time of the offense that he is HIV
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HB NO. 275
1 positive, and has reasonable grounds to believe the victim is a police officer acting
2 in the performance of his duty.
3 D. For purposes of this Section, the following words have the following
4 meanings:
5 (1) "Means or contact" is defined as spitting, biting, stabbing with an AIDS
6 contaminated object, or throwing of blood or other bodily substances.
7 (2) "Police "police officer" includes a commissioned police officer, sheriff,
8 deputy sheriff, marshal, deputy marshal, correctional officer, constable, wildlife
9 enforcement agent, and probation and parole officer. "Police officer" shall also
10 include any licensed emergency medical services practitioner as defined by R.S.
11 40:1131 and any firefighter regularly employed by a fire department of any
12 municipality, parish, or fire protection district of the state or any volunteer firefighter
13 of the state.
14 E.(1) Whoever commits the crime of intentional exposure to AIDS virus
15 HIV shall be fined not more than five thousand dollars, imprisoned with or without
16 hard labor for not more than ten years, or both.
17 (2) Whoever commits the crime of intentional exposure to AIDS virus HIV
18 against a police officer shall be fined not more than six thousand dollars, imprisoned
19 with or without hard labor for not more than eleven years, or both.
20 F.(1) It is an affirmative defense, if proven by a preponderance of the
21 evidence, that the person exposed to HIV knew the infected person was infected with
22 HIV, knew the action could result in infection with HIV, and gave consent to the
23 action with that knowledge.
24 (2) It is also an affirmative defense that the transfer of bodily fluid, tissue,
25 or organs occurred after advice from a licensed physician that the accused was
26 noninfectious, and the accused disclosed his HIV-positive status to the victim.
27 (3) It is also an affirmative defense that the HIV-positive person disclosed
28 his HIV-positive status to the victim, and took practical means to prevent
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HB NO. 275
1 transmission as advised by a physician or other healthcare provider or is a healthcare
2 provider who was following professionally accepted infection control procedures.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 275 Reengrossed 2018 Regular Session Jordan
Abstract: Amends the elements of the crime of intentional exposure to the AIDS virus to
apply to the intentional exposure to HIV.
Present law provides that no person shall intentionally expose another to any acquired
immunodeficiency syndrome (AIDS) virus through any means or contact, as defined by
present law, without the knowing and lawful consent of the victim. Further provides for
criminal penalties with enhanced penalties when the person exposed is a police officer.
Proposed law changes the elements to apply to the human immunodeficiency virus (HIV)
instead of acquired immunodeficiency syndrome (AIDS), and further adds the requirement
that at the time of the exposure the infected person knew he was HIV positive.
Proposed law removes the definition of "means or contact" and amends the definition of
"police officer" to include licensed emergency medical services practitioners and
firefighters.
Proposed law provides for the following affirmative defenses to the crime:
(1)The person exposed to HIV knew the infected person was infected with HIV, knew
the action could result in infection with HIV, and gave consent to the action with that
knowledge.
(2)The transfer of bodily fluid, tissue, or organs occurred after advice from a licensed
physician that the accused was noninfectious and the accused disclosed his HIV-
positive status to the victim.
(3)The HIV-positive person disclosed his HIV-positive status to the victim and took
practical means to prevent transmission as advised by a physician or other healthcare
provider or is a healthcare provider who was following professionally accepted
infection control procedures.
Proposed law provides affirmative defenses to the crime.
(Amends R.S. 14:43.5)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Remove the proposed law definition of "intentional exposure".
2. Add as an element of the offense that the offender knew at the time of the
exposure that he was HIV positive.
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3. Provide that the definition of police officer also includes licensed emergency
medical services practitioners and firefighters.
4. Make changes to certain affirmative defenses provided by proposed law to
require the accused to disclose his HIV-positive status.
5. Make changes to the affirmative defense provided by proposed law which
requires the victim to give consent to the action instead of "advance" consent.
The House Floor Amendments to the engrossed bill:
1. Make technical corrections.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.