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 Engrossed 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(A), (B), (C), (D), and (E); Adds R.S. 14:43.5(F))
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.
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.