HB 427 - HIV Prevention Justice Act

• Makes it a felony of the third degree for persons with HIV who know they are infected and have been informed of transmission risk to donate blood, plasma, organs, skin, or other human tissue to non-HIV infected persons, with an exception for donations to informed and consenting recipients.

• Expands unlawful conduct provisions for persons infected with sexually transmissible diseases to include engaging in sexual conduct that poses substantial risk of transmission when the other person is unaware of the infection status, unless the other person has been informed and consented.

• Clarifies that failure to comply with treatment regimens or behavioral recommendations (including prophylactic device use) alone is not sufficient evidence to establish intent to transmit a disease.

• Increases penalties for HIV-related violations: first violation of s. 384.24(2) is a misdemeanor of the first degree; second or subsequent violations occurring after July 1, 2020 become a felony of the third degree.

• Takes effect July 1, 2020.