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  • NJ A251
  • Provides for disclosure of person's medical records related to AIDS or HIV infection for investigations or prosecutions of crime of diseased person committing act of sexual penetration; makes crime ineligible for expungment.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill concerns criminal investigations and prosecutions under subsection b. of N.J.S.2C:34-5 against a person who, while knowingly infected with HIV or any other related virus identified as a probable causal agent of AIDS, commits an act of sexual penetration without the informed consent of the other person. Specifically, the bill would provide for the disclosure, via court order, of a person's medical records related to HIV or AIDS infection for the purpose of conducting an investigation of, or a prosecution for, the above described criminal sexual penetration. Such act is a crime of the third degree, punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. Disclosure would be accomplished under the bill by amending the existing law permitting a court-ordered disclosure of such records; the law is currently limited to providing disclosure only for the investigation or prosecution of a crime of the first degree. See P.L.1989, c.303, s.5 (C.26:5C-9). Thus, any investigation or prosecution involving a first degree crime or the third degree crime of criminal sexual penetration would warrant disclosure when authorized by a court. The bill would additionally provide that a conviction for the above described criminal sexual penetration is not eligible for expungement. Thus a person with such conviction would not be able to expunge the conviction, or the records and information relating thereto maintained with the conviction.
Judiciary
Introduced, Referred to Assembly Judiciary Committee  (on 1/27/2016)
 
 

Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Judiciary Committee
Date Motion Yea Nay Other
None specified