RÉSUMÉ DIGEST
ACT 427 (HB 275) 2018 Regular Session Jordan
Prior law provided that no person shall intentionally expose another to any acquired
immunodeficiency syndrome (AIDS) virus through any means or contact, as defined by prior
law, without the knowing and lawful consent of the victim. Further provided for criminal
penalties with enhanced penalties when the person exposed is a police officer.
New 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.
New law removes the definition of "means or contact", changes the term "police officer" to
"first responder", and amends the definition of the term to include licensed emergency
medical services practitioners and firefighters.
New 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.
Effective August 1, 2018.
(Amends R.S. 14:43.5)