EXPOSING OTHERS TO SERIOUS INFECTIOUS OR COMMUNICABLE DISEASES (Sections 191.677,545.940, 575.155, & 575.157)

Under current law, it is illegal for a person knowingly infected with HIV to donate blood, organs, tissue, or sperm, unless for medical research, as well as illegal for such person to act recklessly in exposing another person to HIV without their knowledge and consent.

This act modifies those provisions to make it unlawful for a person knowingly infected with a serious infectious or communicable disease to: (1) donate blood, organs, tissue, or sperm, unless for medical research or as deemed medically appropriate by a licensed physician; (2) knowingly expose another person to the disease through an activity that creates a substantial risk of transmission; or (3) act in a reckless manner by exposing another person to the disease through an activity that creates a substantial risk of disease transmission. A "serious infectious or communicable disease" is defined as a non-airborne or non-respiratory disease spread from person to person that is fatal or causes disabling long-term consequences in the absence of lifelong treatment and management. The penalty for donation of blood, organs, tissue, or sperm while knowingly infected with the disease or knowingly exposing another person to the disease shall be a Class D felony, rather than the current Class B felony, and a Class C felony, rather than the current Class A felony, if the victim contracts the disease. The penalty for recklessly exposing another person is a Class A misdemeanor.

It shall be an affirmative defense to this offense if the person exposed to the disease knew that the infected person was infected with the disease at the time of the exposure and consented to the exposure.

This act specifies the actions to be taken during a judicial proceeding to protect the identifying information of the victim and the defendant from public release, except as otherwise specified. Additionally, this amendment changes similar provisions involving exposure of persons in correctional centers, jails, or certain mental health facilities to HIV or hepatitis B or C to exposure to a serious infectious or communicable disease when the nature of the exposure to the bodily fluid has been scientifically shown to be a means of transmission of the disease.

These provisions are substantially similar to HCS/HB 755 (2021) and SCS/SB 65 (2021) and similar to HB 1691 (2020).

OFFENSE OF STALKING (Section 455.010)

Under current law relating to the issuance of orders of protection, "stalking" is defined as a pattern of conduct composed of two or more acts over a period of time that serves no legitimate purpose and may include following the other person or unwanted communication or contact. This act modifies that definition to mean two or more acts that serve no legitimate purpose including, but not limited to, acts in which the stalker directly, indirectly, or through a third party follows, monitor, observes, surveils, threatens, or communicates to a person by any action, method, or device.

These provisions are identical to provisions in HCS/HB 292 (2021).

CRIME LABORATORY SURCHARGES (Section 488.029)

This act provides that there shall be assessed and collected a surcharge of $150 in all criminal cases for any controlled substance offense in which a crime laboratory makes an analysis of a controlled substance, but no such surcharge shall be assessed when the costs are waived or are to be paid by the state or if the proceeding as been dismissed by a court.

JURY INSTRUCTIONS (Section 556.046)

This act provides that the court shall give jury instructions to an offense included with the charged offense only if:

• The offense is established by evidence of the same or less than all the elements required to establish the commission of the charged offense;

• There is a rational basis in the evidence for a verdict acquitting the person of the offense charged and convicting him or her of the included offense; and

• Either party requests the court to charge the jury with respect to a specific included offense.

Failure of the defendant or defense counsel to request the court to charge the jury with respect to a specific included offense shall not be a basis for plain-error review on direct appeal or for post-conviction relief. It shall be the trial court's duty to determine if a rational basis in the evidence for a verdict exists. Finally, an offense is charged for purposes of this act if:

• It is an indictment or information; or

• It is an offense submitted to the jury because there is a rational basis in the evidence for a verdict acquitting the person of the offense charged and convicting the person of the included offense.

CULPABLE MENTAL STATE OF HOMICIDE OFFENSES (Section 565.003)

Under current law, the culpable mental state necessary to prove a homicide offense is found to exist if the only difference between what actually occurred and what was the object of the offender's state of mind is that a different person or people were killed.

This act adds that it is no defense to a homicide charge that the identity of the person the offender intended to kill cannot be established. If the state proves beyond a reasonable doubt that the offender had the requisite mental state toward a specific person or a general class of persons who are not identified or who are not identifiable, such intent shall be transferred to a person who is killed by the offender while such mental state existed.

These provisions are identical to provisions in HCS/HB 676 (2021).

MARY GRACE BRUNTRAGER