Bill Text: HI SB2896 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 2896 (Prior Session Legislation)

Introduced

Bill Title: HIV; Human Immunodeficiency Virus; Penal Code; Offenses Against the Person

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2012-02-03 - (S) The committee(s) on HTH recommend(s) that the measure be HELD. The votes in HTH were as follows: 4 Aye(s): Senator(s) Green, Baker, Shimabukuro, Wakai; Aye(s) with reservations: none ; 0 No(es): none; and 3 Excused: Senator(s) Nishihara, Chun Oakland, Slom. [SB2896 Detail]

Download: Hawaii-2012-SB2896-Introduced.html

THE SENATE	S.B. NO.	2896
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

relating to offenses against the person.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§707-A Knowing exposure to HIV. (1) A person commits the offense of knowing exposure to the human immunodeficiency virus (HIV) if a person:

(a) Engages in sexual penetration, as defined in section 707-700, with another person with the intent to expose the other person to HIV; or

(b) Shares with another person hypodermic syringes or needles used for parenterally injecting prohibited controlled substances, as defined in section 329-1, into the human body, with the intent to expose the other person to HIV.

(2) In any prosecution under this section, it is an affirmative defense if the person exposed to HIV knew that the infected defendant was infected with HIV and the person thereafter consented to being exposed to HIV by the defendant. Actual transmission of HIV is not required under this section.

(3) Knowing exposure to HIV is a class C felony."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

HIV; Human Immunodeficiency Virus; Penal Code; Offenses Against the Person

Description:

Establishes the class C felony offense of knowing exposure to HIV.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.