House Bill No. 808, introduced by Representative McMahen, amends existing laws regarding the crime of intentional exposure to HIV. The bill specifies that no person shall intentionally expose another person to HIV without the victim's knowing and lawful consent if the offender was aware of their HIV-positive status at the time of exposure and the contact posed a substantial likelihood of transmission. The bill outlines specific circumstances under which this crime can occur, including sexual contact, sharing hypodermic needles, or any other means that could lead to transmission, particularly if the victim is a first responder acting in their official capacity.

Additionally, the bill establishes affirmative defenses for defendants, allowing them to prove that they disclosed their HIV-positive status to the victim or maintained a viral load that effectively eliminated the risk of transmission. It also introduces a new provision requiring defendants to notify the district attorney if they intend to present medical evidence related to an affirmative defense, with specific timelines for such notifications. The bill clarifies that nothing within it should criminalize conduct that does not pose a medically recognized risk of HIV transmission. Overall, the legislation aims to refine the legal framework surrounding HIV exposure and enhance the protections for both victims and defendants.

Statutes affected:
HB808 Original: 15:541(24)
HB808 Engrossed:
HB808 Reengrossed: