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IN HB1325
Bill
Status
2/21/2019
Primary Sponsor
Edward Clere
Click for details
AI Summary
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Replaces terminology throughout Indiana Code, changing "carrier" to "individual with a communicable disease" and "dangerous communicable disease" to "serious communicable disease"
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Raises the intent standard for criminal transmission of communicable diseases (HIV, Hepatitis B) to require proof that an individual acted with specific intent to transmit, knew their disease status, engaged in high-risk activity, actually transmitted the disease, and the other person was unaware
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Establishes that using or attempting to use "practical means to prevent transmission" (such as prophylactic devices or adherence to medical treatment) negates the specific intent required for criminal liability
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Adds confidentiality protections for communicable disease prosecutions, requiring court records to be redacted, proceedings to be closed, and medical information of both parties to remain confidential
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Repeals felony crimes for donating, selling, or transferring HIV-containing blood or semen, and removes provisions allowing courts to limit disease testing to HIV-only for certain battery charges
Legislative Description
Transmission of communicable diseases. Changes the following defined terms: (1) "carrier" to "individual with a communicable disease"; (2) "dangerous communicable disease" to "serious communicable disease"; and (3) "dangerous disease" to "serious disease". Specifies that an individual must intentionally meet all the delineated conditions to commit the offense of transmitting a communicable disease. Requires that for violations of the communicable disease laws: (1) an information or indictment alleging the violations be redacted in accordance with rules adopted by the Indiana supreme court; (2) the court close the proceedings; and; (3) the medical information of the parties is confidential. Removes the authority of a court to limit testing to a test only for human immunodeficiency virus (HIV) if the defendant is charged with battery or domestic battery involving placing bodily fluid or waste on another person. Removes certain references to AIDS. Repeals the crimes of: (1) recklessly, knowingly, or intentionally donating, selling, or transferring blood or semen for artificial insemination that contains HIV; and (2) infecting an individual through the act of donating, selling, or transferring blood or semen. Makes conforming changes. Makes a technical correction.
Last Action
First reading: referred to Committee on Health and Provider Services
3/5/2019