Bill Text: NJ S312 | 2022-2023 | Regular Session | Introduced
Bill Title: Reduces offense of deliberately transmitting a sexually-transmitted infection to a disorderly persons offense and revises elements of the offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S312 Detail]
Download: New_Jersey-2022-S312-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator M. TERESA RUIZ
District 29 (Essex)
SYNOPSIS
Reduces offense of deliberately transmitting a sexually-transmitted infection to a disorderly persons offense and revises elements of the offense.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning purposely transmitting a disease by engaging in an act of sexual penetration and amending N.J.S.2C:34-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:34-5 is amended to read as follows:
2C:34-5. [Diseased person] Purposely transmitting a disease by committing an act of sexual penetration.
a. (1) A person is guilty of a [crime of the fourth degree] disorderly persons offense [who, knowing that he or she is infected with a venereal disease such as chancroid, gonorrhea, syphilis, herpes virus, or any of the varieties or stages of such diseases, commits an act of sexual penetration without the informed consent of the other person] if the person purposely transmits a sexually-transmitted infection and all of the following apply:
(a) the person knows that he or she is diagnosed with sexually-transmitted infection;
(b) the person acts with the specific intent to transmit the sexually-transmitted infection to another person;
(c) the person does not take or attempt to take means to prevent the transmission of the sexually-transmitted infection; and
(d) the person transmits the sexually-transmitted infection.
(2) A failure to take or attempt to take means to prevent the transmission of sexually-transmitted infection is not by itself sufficient to prove that the person acted with specific intent to transmit the sexually-transmitted infection for the purposes of paragraph (1) of this subsection.
(3) This section shall not apply to a woman with a sexually-transmitted infection who transmits the infection to her child prenatally or during childbirth.
b. [A person is guilty of a crime of the third degree who, knowing that he or she is infected with human immune deficiency virus (HIV) or any other related virus identified as a probable causative agent of acquired immune deficiency syndrome (AIDS), commits an act of sexual penetration without the informed consent of the other person.] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)
(1) The defendant's medical records, including but not limited to any medications or medical devices prescribed for or used by the defendant, shall not be the sole basis for establishing the specific intent required by subparagraph (b) of paragraph (1) of subsection a. of this section.
(2) No surveillance reports or records maintained by State or local health officials shall be subpoenaed or released for the sole purpose of establishing the specific intent required by subparagraph (b) of paragraph (1) of subsection a. of this section.
(3) The defendant may submit medical evidence to show the absence of the specific intent required by subparagraph (b) of paragraph (1) of subsection a. of this section.
d. All records shall be confidential and shall not be made available to any individual or institution except as otherwise provided by law.
e. As used in this section:
"Means to prevent transmission" means a method, device, behavior, or activity demonstrated scientifically to measurably reduce the risk of transmission of a sexually-transmitted infection through an act of sexual penetration, including, but not limited to, the use of a condom, barrier protection, or prophylactic device, or compliance with a medical treatment regimen prescribed by a licensed health care professional that prevents or measurably reduces the risk of transmitting the sexually-transmitted infection to another person through an act of sexual penetration.
"Sexual penetration" means the same as that term is defined in subsection c. of N.J.S.2C:14-1.
"Sexually-transmitted infection" means any communicable or infectious disease that may be readily transmitted by an act of sexual penetration in the absence of the use of an appropriate means to prevent transmission of the sexually-transmitted infection.
(cf: P.L.1997, c.201, s.1)
2. This act shall take effect on the 60th day following enactment.
STATEMENT
This bill reduces the criminal penalties that apply to the offense of committing an act of sexual penetration while infected with a venereal disease without the informed consent of the other person.
Under current law, it is a crime of the fourth degree if a person, knowing that he or she is infected with a venereal disease such as chancroid, gonorrhea, syphilis, herpes virus, or any of the varieties or stages of such diseases, commits an act of sexual penetration without the informed consent of the other person. It is a crime of the third degree if the person knows that he or she is infected with AIDS or HIV and commits an act of sexual penetration without the informed consent of the other person. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both; a crime of the third degree, by a term of three to five years or a fine up to $15,000, or both.
This bill would revise the statute to apply only to a person who purposely transmits a sexually-transmitted infection by engaging in an act of sexual penetration when:
(1) the person knows that he or she is diagnosed with a sexually-transmitted infection;
(2) the person acts with the specific intent to transmit the sexually-transmitted infection to another person;
(3) the person does not take or attempt to take means to prevent the transmission of the sexually-transmitted infection; and
(4) the person transmits the sexually-transmitted infection to another person.
The bill provides that, in determining whether a person acted with the specific intent to transmit a sexually-transmitted infection, a failure to take or attempt to take means to prevent the transmission of the sexually-transmitted infection is not, by itself, sufficient to prove specific intent to transmit the sexually-transmitted infection.
The bill reduces the offense to a disorderly persons offense, which is punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.
As used in the bill, "sexual penetration" means vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor's instruction. "Sexually-transmitted infection" means any communicable or infectious disease that may be readily transmitted by an act of sexual penetration in the absence of the use of an appropriate means to prevent transmission of the sexually-transmitted infection. "Means to prevent transmission" is defined as a method, device, behavior, or activity demonstrated scientifically to measurably reduce the risk of transmission of a sexually-transmitted infection, including, but not limited to, the use of a condom, barrier protection, or prophylactic device, or compliance with a medical treatment regimen prescribed by a licensed health care professional that prevents or measurably reduces the risk of transmitting the sexually-transmitted infection to another person through an act of sexual penetration.
In addition, the bill provides that no surveillance reports or records maintained by State or local health officials shall be subpoenaed or released for the sole purpose of establishing the specific intent.
The bill specifies that all records are to be confidential and will not be made available to any individual or institution except as otherwise provided by law.
The bill specifies that the defendant may submit medical evidence to show the absence of the specific stated intent.
