Louisiana 2021 Regular Session

Louisiana House Bill HB238

Introduced
3/26/21  
Refer
3/26/21  
Refer
3/26/21  
Refer
4/12/21  

Caption

Creates the crimes of felony and misdemeanor intentional exposure to a sexually transmitted disease (OR INCREASE GF EX See Note)

Impact

If enacted, HB 238 will amend current laws to include specific fines and prison sentences for individuals convicted of felony or misdemeanor intentional exposure to STDs. This change aims to enhance public health protections and raise awareness regarding the responsibilities of individuals to disclose their health status before engaging in behaviors that could transmit STDs. The bill emphasizes the need for accountability in sexual health, particularly aiming to protect susceptible groups from potential victimization or harm due to lack of informed consent.

Summary

House Bill 238 seeks to create new criminal offenses pertaining to the intentional exposure of individuals to sexually transmitted diseases (STDs). This legislation introduces both felony and misdemeanor categories related to the unauthorized transmission of STDs, severely penalizing those who knowingly expose another person without their consent. The proposed penalties reflect the seriousness of these offenses, with significant prison time and monetary fines stipulated, particularly when the victim is a minor or a vulnerable individual, such as the elderly or those with intellectual disabilities.

Sentiment

The sentiment surrounding HB 238 appears to be generally supportive among legislators focused on public health, as it introduces significant legal accountability aimed at reducing the spread of STDs. Advocates for sexual health and victims' rights are likely to back the bill as a crucial step in safeguarding vulnerable populations. However, potential contention may arise from civil liberties advocates who might raise concerns about the implications of criminalizing behavior associated with personal health statuses, citing the need for careful consideration of individual rights and the criminal justice approach to health behaviors.

Contention

Notable points of contention may include debates about the balance between public safety and personal freedoms. Critics may argue against the criminalization of what they could view as a public health issue better addressed through education and health services rather than punitive measures. Further discussions might also arise regarding the effective implementation and monitoring provisions outlined in the bill, particularly concerning how offenders will be monitored following their release. The proposed electronic monitoring raises additional questions around privacy and the long-term implications of such oversight.

Companion Bills

No companion bills found.

Previously Filed As

LA HB76

Creates the crime of felony intentional infection of a sexually transmitted disease (RE SEE FISC NOTE GF EX)

LA HB436

Provides relative to intentional exposure to HIV

LA HB275

Prohibits the intentional exposure to HIV

LA HB419

Creates the crime of intentional exposure to a self-spreading pathogen (OR SEE FISC NOTE GF EX)

LA HB27

Amends penalties for cruelty to juveniles when the offense involves exposure of children to controlled dangerous substances (OR INCREASE GF EX See Note)

LA HB86

Provides relative to sexual abuse of a person with a physical or mental disability (EN INCREASE GF EX See Note)

LA SB885

Sexually transmitted diseases.

LA HB334

HIV crimes; increase penalties for intentional exposure or contact with blood or seminal fluid.

LA HB49

Provides relative to human trafficking, trafficking of children for sexual purposes, and the commercial sexual exploitation of children (EN INCREASE GF EX See Note)

LA AB229

Criminal procedure: Sexually transmitted disease testing.

Similar Bills

LA HB76

Creates the crime of felony intentional infection of a sexually transmitted disease (RE SEE FISC NOTE GF EX)

CA SB1272

Crimes: intercepting telephone communications.

CA SB690

Crimes: invasion of privacy.

MS HB724

Election crime; create for the willful failure to transmit a voter's ballot in certain situations.

CA SB1332

Sexual battery.

CA SB442

Sexual battery.

NJ S312

Reduces offense of deliberately transmitting a sexually-transmitted infection to a disorderly persons offense and revises elements of the offense.

LA SB199

Creates the crime of illegal transmission of monetary funds.