California lowers penalty for exposing partners to HIV - CNN
California lowers penalty for knowingly exposing partners to HIV
(CNN)Starting January 1, it will no longer be a felony in California to knowingly expose a sexual partner to HIV with the intent of transmitting the virus. Gov. Jerry Brown signed legislation Friday that lowers the offense to a misdemeanor.
The California legislature passed SB 239 in September.
The law previously punished people who intentionally exposed or infected others with HIV by up to eight years in prison. The new legislation will lower jail time to a maximum of six months.
The new law will also eliminate the penalty for knowingly donating HIV-infected blood. This action is a felony under current law and will be decriminalized starting in January. Supporters of the change argue the previous law was antiquated because all donated blood is tested for HIV.
Bill sponsors Sen. Scott Wiener and Assemblyman Todd Gloria, both Democrats, argued California law was outdated and stigmatized people living with HIV, especially given recent advancements in medicine. Evidence has shown that a person with HIV who undergoes regular treatment has a negligible chance of spreading the infection to others through sexual contact.
Governor Signs Bill Modernizing California HIV Laws - ACLU of San Diego and Imperial Counties
Governor Signs Bill Modernizing California HIV Laws
Published: October 6, 2017
SACRAMENTO – Today, Governor Jerry Brown signed into law landmark legislation to reform outdated laws that unfairly criminalized and stigmatized people living with HIV. Senate Bill (SB) 239 was authored by Sen. Scott Wiener (D-San Francisco) and Asm. Todd Gloria (D-San Diego) and cosponsored by Equality California, the ACLU of California, APLA Health, Black AIDS Institute, Lambda Legal and Positive Women’s Network – USA. The organizations are part of Californians for HIV Criminalization Reform (CHCR), a broad coalition of people living with HIV, HIV and health service providers, civil rights organizations and public health professionals dedicated to ending the criminalization of people living with HIV in California.
“Today California took a major step toward treating HIV as a public health issue, instead of treating people living with HIV as criminals,”
said Senator Wiener. “HIV should be treated like all other serious infectious diseases, and that’s what SB 239 does. We are going to end new HIV infections, and we will do so not by threatening people with state prison time, but rather by getting people tested and into treatment. I want to thank Governor Brown for his support in helping to put California at the forefront of a national movement to reform these discriminatory laws.”
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