Via Los Angeles Times:
The Governor Jerry Brown on Friday signed a bill that reduces a crime to a
misdemeanor crime to expose knowingly a sexual partner to HIV without
revealing the infection.
The measure also applies to those who give blood without saying the blood
bank that they are HIV positive.
Modern medicine allows people with HIV to live longer and virtually
eliminates the possibility of transmission, according to state Sen. Scott
Wiener (D-San Francisco) and Assemblyman Todd Gloria (D-San Diego), the
sponsors of law.
"Today, California has taken an important step towards the treatment of HIV
as a public health problem, instead of treating people living with HIV as
criminals," Wiener said in a statement. "HIV should be treated like any
other serious infectious diseases, and this is what SB 239 does. "
Supporters of the change said the current law requires intent to transmit
HIV to justify a crime, but others noted the cases were prosecuted where
there was no contact, so there was a argument of intent was lacking.
Brown declined to comment on his action.
HIV was the only communicable disease for which exposure is a crime under
California law. The current law, Wiener argued, can convince people not to
test for HIV, because without a test, they can not be charged with a crime
if they expose a partner to infection.
"We're going to end new HIV infections, and we will not do it by
threatening people with the time to state prison, but by getting people to
test and providing access to health care" Wiener said.
Supporters of the bill said that women in prostitution are
disproportionately targeted criminal charges, even in cases where the
infection is not spread.
Republican lawmakers, including Senator Joel Anderson Alpine voted against
the bill, arguing that it puts the public at risk.
"I'm of the mind that if you intentionally inflict another with a disease
that alters their lifestyle the rest of their life, which puts them in a
drug plan to maintain some kind of normality, it should be a
crime , "Anderson said during the debate on the floor. "It is absolutely
crazy to me that we should go light on this. "
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