Bill Text: IA SF2297 | 2013-2014 | 85th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the criminal transmission of a contagious or infectious disease, providing penalties, and including effective date provisions. (Formerly SSB 3196.) Effective 5-30-14.

Spectrum: Committee Bill

Status: (Passed) 2014-05-30 - Signed by Governor. S.J. 930. [SF2297 Detail]

Download: Iowa-2013-SF2297-Enrolled.html

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Senate File 2297
AN ACT
RELATING TO THE CRIMINAL TRANSMISSION OF A CONTAGIOUS OR
INFECTIOUS DISEASE, PROVIDING PENALTIES, AND INCLUDING
EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION . 709D.1 Title.
This chapter shall be known and may be cited as the
“Contagious or Infectious Disease Transmission Act” .
Sec. 2. NEW SECTION . 709D.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Contagious or infectious disease” means hepatitis in any
form, meningococcal disease, AIDS or HIV as defined in section
141A.1, or tuberculosis.
2. “Exposes” means engaging in conduct that poses a
substantial risk of transmission.
3. “Practical means to prevent transmission” means
substantial good faith compliance with a treatment regimen
prescribed by the person’s health care provider, if applicable,
and with behavioral recommendations of the person’s health care
provider or public health officials, which may include but are
not limited to the use of a medically indicated respiratory
mask or a prophylactic device, to measurably limit the risk of
transmission of the contagious or infectious disease.
Sec. 3. NEW SECTION . 709D.3 Criminal transmission of a
contagious or infectious disease.
1. A person commits a class “B” felony when the person
knows the person is infected with a contagious or infectious
disease and exposes an uninfected person to the contagious or
infectious disease with the intent that the uninfected person

Senate File 2297, p. 2
contract the contagious or infectious disease, and the conduct
results in the uninfected person becoming infected with the
contagious or infectious disease.
2. A person commits a class “D” felony when the person
knows the person is infected with a contagious or infectious
disease and exposes an uninfected person to the contagious or
infectious disease with the intent that the uninfected person
contract the contagious or infectious disease, but the conduct
does not result in the uninfected person becoming infected with
the contagious or infectious disease.
3. A person commits a class “D” felony when the person
knows the person is infected with a contagious or infectious
disease and exposes an uninfected person to the contagious
or infectious disease acting with a reckless disregard as to
whether the uninfected person contracts the contagious or
infectious disease, and the conduct results in the uninfected
person becoming infected with the contagious or infectious
disease.
4. A person commits a serious misdemeanor when the person
knows the person is infected with a contagious or infectious
disease and exposes an uninfected person to the contagious
or infectious disease acting with a reckless disregard as to
whether the uninfected person contracts the contagious or
infectious disease, but the conduct does not result in the
uninfected person becoming infected with the contagious or
infectious disease.
5. The act of becoming pregnant while infected with a
contagious or infectious disease, continuing a pregnancy while
infected with a contagious or infectious disease, or declining
treatment for a contagious or infectious disease during
pregnancy shall not constitute a crime under this chapter.
6. Evidence that a person knows the person is infected with
a contagious or infectious disease and has engaged in conduct
that exposes others to the contagious or infectious disease,
regardless of the frequency of the conduct, is insufficient
on its own to prove the intent to transmit the contagious or
infectious disease.
7. A person does not act with the intent required pursuant
to subsection 1 or 2, or with the reckless disregard required
pursuant to subsection 3 or 4, if the person takes practical
means to prevent transmission, or if the person informs
the uninfected person that the person has a contagious
or infectious disease and offers to take practical means

Senate File 2297, p. 3
to prevent transmission but that offer is rejected by the
uninfected person subsequently exposed to the infectious or
contagious disease.
8. It is an affirmative defense to a charge under this
section if the person exposed to the contagious or infectious
disease knew that the infected person was infected with the
contagious or infectious disease at the time of the exposure
and consented to exposure with that knowledge.
Sec. 4. NEW SECTION . 709D.4 Additional remedies.
This chapter shall not be construed to preclude the use of
any other civil or criminal remedy available relating to the
transmission of a contagious or infectious disease.
Sec. 5. Section 141A.9, subsection 2, paragraph i, Code
2014, is amended to read as follows:
i. Pursuant to sections 915.42 and 915.43 , to a convicted or
alleged sexual assault offender; the physician or other health
care provider who orders the test of a convicted or alleged
offender; the victim; the parent, guardian, or custodian of the
victim if the victim is a minor; the physician of the victim
if requested by the victim; the victim counselor or person
requested by the victim to provide counseling regarding the
HIV-related test and results; the victim’s spouse; persons
with whom the victim has engaged in vaginal, anal, or oral
intercourse subsequent to the sexual assault; members of the
victim’s family within the third degree of consanguinity; and
the county attorney who may use the results as evidence in the
prosecution of sexual assault under chapter 915, subchapter V ,
or prosecution of the offense of criminal transmission of HIV
under chapter 709C filed the petition for HIV-related testing
under section 915.42 . For the purposes of this paragraph,
“victim” means victim as defined in section 915.40 .
Sec. 6. Section 692A.101, subsection 1, paragraph a,
subparagraph (9), Code 2014, is amended by striking the
subparagraph.
Sec. 7. Section 692A.102, subsection 1, paragraph c,
subparagraph (23), Code 2014, is amended by striking the
subparagraph.
Sec. 8. Section 915.43, subsections 4 and 5, Code 2014, are
amended to read as follows:
4. Results of a test performed under this subchapter ,
except as provided in subsection 13 , shall be disclosed only
to the physician or other practitioner who orders the test of
the convicted or alleged offender; the convicted or alleged

Senate File 2297, p. 4
offender; the victim; the victim counselor or person requested
by the victim to provide counseling regarding the HIV-related
test and results; the physician of the victim if requested by
the victim; the parent, guardian, or custodian of the victim,
if the victim is a minor; and the county attorney who filed
the petition for HIV-related testing under this chapter , who
may use the results to file charges of criminal transmission
of HIV under chapter 709C . Results of a test performed under
this subchapter shall not be disclosed to any other person
without the written informed consent of the convicted or
alleged offender. A person to whom the results of a test
have been disclosed under this subchapter is subject to the
confidentiality provisions of section 141A.9 , and shall not
disclose the results to another person except as authorized by
section 141A.9, subsection 2 , paragraph “i” .
5. If testing is ordered under this subchapter , the court
shall also order periodic testing of the convicted offender
during the period of incarceration, probation, or parole or of
the alleged offender during a period of six months following
the initial test if the physician or other practitioner who
ordered the initial test of the convicted or alleged offender
certifies that, based upon prevailing scientific opinion
regarding the maximum period during which the results of an
HIV-related test may be negative for a person after being
HIV-infected, additional testing is necessary to determine
whether the convicted or alleged offender was HIV-infected
at the time the sexual assault or alleged sexual assault was
perpetrated. The results of the test conducted pursuant to
this subsection shall be released only to the physician or
other practitioner who orders the test of the convicted or
alleged offender, the convicted or alleged offender, the victim
counselor or person requested by the victim to provide the
counseling regarding the HIV-related test and results who shall
disclose the results to the petitioner, the physician of the
victim, if requested by the victim, and the county attorney
who may use the results as evidence in the prosecution of the
sexual assault or in the prosecution of the offense of criminal
transmission of HIV under chapter 709C filed the petition for
HIV-related testing under section 915.42 .
Sec. 9. REPEAL. Chapter 709C, Code 2014, is repealed.
Sec. 10. SEX OFFENDER REGISTRY —— EXPUNGEMENT OF RECORD.
1. The division of criminal investigation in the department
of public safety shall expunge the registration of a registrant

Senate File 2297, p. 5
who was required to register on the state’s sex offender
registry pursuant to chapter 692A, Code 2014, on the basis of
having been convicted of the aggravated offense of criminal
transmission of human immunodeficiency virus in violation
of section 709C.1, subsection 1, paragraph “a”, Code 2014,
provided the registrant has been convicted of no other offense
requiring registration.
2. The department of public safety shall also remove the
relevant information of such a person specified in subsection
1 from the sex offender registry internet site provided
the person has been convicted of no other offense requiring
registration. Upon removal of the relevant information
from the sex offender registry internet site, the relevant
information of the person shall no longer be displayed on
the sex offender registry internet site unless the person is
convicted of another offense that requires registration.
Sec. 11. EFFECTIVE DATE. This Act, being deemed of
immediate importance, takes effect upon enactment.
______________________________
PAM JOCHUM
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2297, Eighty-fifth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2014
______________________________
TERRY E. BRANSTAD
Governor