SB 1618 - HIV Prevention Justice Act

• Reduces criminal penalty for HIV-positive individuals who donate blood, plasma, organs, or tissue from felony of the third degree to misdemeanor of the first degree, except when deemed medically appropriate by a licensed physician.

• Adds HIV to the list of sexually transmissible diseases under criminal transmission law and redefines unlawful conduct to require either intent to transmit or engaging in sexual conduct posing substantial risk of transmission when the other person is unaware of the carrier status.

• Establishes affirmative defense when a person complies in good faith with a treatment regimen or behavioral recommendations (including prophylactic use) prescribed by health care providers, and clarifies that failure to comply with such recommendations does not alone establish intent to transmit.

• Reduces penalty for criminal transmission of HIV from felony of the third degree to misdemeanor of the first degree and removes HIV tissue donation from the list of offenses triggering mandatory HIV testing procedures.

• Defines key terms including "sexual conduct" (contact capable of transmitting sexually transmissible disease) and "substantial risk of transmission" (reasonable probability proven by competent medical evidence).