2015 -- S 0338

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LC001173

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL OFFENSES - CRIMINAL TRANSMISSION OF HIV

     

     Introduced By: Senators Kettle, and Morgan

     Date Introduced: February 12, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 69

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CRIMINAL TRANSMISSION OF HIV

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     11-69-1. Exposure of another to HIV infection. -- (a) It is unlawful for a person who

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knows he or she is infected with the human immunodeficiency virus known as HIV to:

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     (1) Knowingly engage in sexual intercourse (vaginal, anal, or oral with another person

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without first informing that person of his/her HIV infection;

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     (2) Knowingly commit an act of prostitution with another person;

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     (3) Knowingly sell or donate blood, blood products, semen, tissue, organs, or other body

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fluids;

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     (4) Forcibly engage in sexual intercourse (vaginal, anal or oral) without the consent of the

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other person, including one's legal spouse; or

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     (5) Knowingly share with another person a hypodermic needle/syringe without first

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informing that person that the needle or syringe has been used by someone infected with HIV.

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     11-69-2. Penalties. -- (a) Any person who violates the provisions of this chapter shall,

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upon conviction, be sentenced to imprisonment for a term not to exceed fifteen (15) years, or

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shall be subject to a fine not to exceed five thousand dollars ($5,000), or both.

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     (b) Any person who violates the provisions of ยง 11-69-1(a)(4) relating to forcible sexual

 

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intercourse while infected with HIV, may have their sentence enhanced by adding up to three (3)

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additional years in prison for each violation of this chapter.

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     11-69-3. Severability. -- If any provision of this chapter is held by a court to be invalid,

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that invalidity shall not affect the remaining provisions of the chapter, and to this end the

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provisions of the chapter are declared severable.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - CRIMINAL TRANSMISSION OF HIV

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     This act would create a criminal offense for knowingly transmitting HIV to another

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person.

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     This act would take effect upon passage.

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LC001173

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