GREEN SHEET REDIGEST
HB 275 2018 Regular Session Jordan
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CRIME: Prohibits the intentional exposure to HIV.
DIGEST
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
further removes the definition of "means or contact." Proposed law further changes the
application of present law and proposed law from "police officers" to "first responders" and
provides a definition of "first responder" for purposes of proposed law that includes police
officers, 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 of intentional exposure to HIV.
(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.
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.
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Prepared by Alden A. Clement, Jr. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossed bill
1. Change application of present law and proposed law from police officers to first
responders.
2. Add definition of "first responder" for purposes of proposed law.
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Prepared by Alden A. Clement, Jr.