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CA SB239

CA SB239
Infectious and communicable diseases: HIV and AIDS: criminal penalties.


summary

Introduced
02/06/2017
In Committee
08/23/2017
Crossed Over
05/31/2017
Passed
09/11/2017
Dead
Signed/Enacted/Adopted
10/06/2017

Introduced Session

2017-2018 Regular Session

Bill Summary

An act to amend Sections 1603.3 and 1644.5 of, to repeal Sections 1621.5, 120291, and 120292 of, and to repeal and add Section 120290 of, the Health and Safety Code, and to amend Sections 1001, 1001.1, and 1202.1 of, to add Sections 1170.21 and 1170.22 to, to repeal Sections 647f, 1001.10, 1001.11, and 1463.23 of, and to repeal and add Section 1202.6 of, the Penal Code, relating to infectious and communicable diseases.

AI Summary

This bill makes several changes to laws related to infectious and communicable diseases, particularly HIV and AIDS: - It repeals provisions that made it a felony to expose someone to HIV without disclosing one's status or to donate blood/tissue/semen/breastmilk while knowing one has AIDS or has tested positive for HIV. Instead, it makes the intentional transmission of an infectious or communicable disease a misdemeanor punishable by up to 6 months in county jail if certain conditions are met, such as acting with the specific intent to transmit the disease. The bill also makes attempted intentional transmission a misdemeanor punishable by up to 90 days in jail. - It repeals a provision that allowed prior prostitution convictions with informed positive HIV test results to be charged as a felony. The bill vacates any convictions and deems arrests under this provision to never have occurred. - It repeals requirements for courts to order certain defendants convicted of soliciting or engaging in prostitution to complete AIDS education and testing. - It provides various confidentiality protections and evidentiary standards related to prosecutions under the new disease transmission law. - It makes other conforming changes and addresses state mandate reimbursement provisions.

Committee Categories

Budget and Finance, Health and Social Services, Justice

Sponsors (8)

Last Action

Chaptered by Secretary of State. Chapter 537, Statutes of 2017. (on 10/06/2017)

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