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GA SB164
Bill
Status
Passed
5/9/2022
Primary Sponsor
Chuck Hufstetler
Click for details
AI Summary
- Modernizes HIV criminal law by replacing "HIV infected person" with "person living with HIV" and narrowing offenses to require intent to transmit HIV and a significant risk of transmission based on current scientifically supported levels of risk, rather than mere nondisclosure
- Reduces the maximum felony penalty for HIV-related sexual offenses from 10 years to 5 years of imprisonment
- Repeals several prior HIV-specific criminal provisions, including the offense of sharing hypodermic needles without disclosure, soliciting sodomy for money without disclosure, donating blood/organs without disclosure, and assault on peace or correctional officers with body fluids by an HIV- or hepatitis-infected person
- Excludes hypodermic needles and syringes from the definition of "drug related objects" across multiple code sections, exempting them from criminal penalties for possession, use, and distribution of drug paraphernalia
- Broadens the definition of "HIV test" by removing the requirement that the test be approved by Department of Community Health regulations, allowing any antibody, antigen, viral particle, viral culture, or other test indicating the presence of HIV
Legislative Description
HIV Tests; modernization of HIV related laws to align with science; provide
Last Action
Effective Date 2022-07-01
5/9/2022
Committee Referrals
Health and Human Services3/9/2021
Judiciary2/16/2021
Full Bill Text
No bill text available