Read 1st time February 5, 1997, and 1,000 copies ordered printed.

Read 2nd time February 10, 1997, and referred to the Committee on Public Health and Welfare.

Reported from the Committee February 19, 1997, with recommendation that the bill do pass and be placed on the Consent Calendar.

Taken up March 17, 1997. Read 3rd time and placed upon its final passage; bill passed.

TERRY L. SPIELER, Secretary.

S0779.03P

To repeal section 191.677, RSMo 1994, relating to health and welfare, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

     Section A. Section 191.677, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 191.677, to read as follows:

     191.677. 1. It shall be unlawful for any individual knowingly infected with HIV to:

     (1) Be or attempt to be a blood, blood products, organ, sperm or tissue donor except as deemed necessary for medical research; or

     (2) [Deliberately create a grave and unjustifiable risk of infecting another with HIV through sexual or other contact when an individual knows that he is creating that risk.] Act in a reckless manner by exposing another person to HIV without the knowledge and consent of that person to be exposed to HIV, through contact with blood, semen or vaginal fluid in the course of oral, anal or vaginal sexual intercourse, or by the sharing of needles. Evidence that a person has contracted a subsequent sexually transmitted condition, after testing positive for HIV, shall be prima facie evidence that the person acted recklessly in creating a risk of infecting another individual with HIV, if that person was aware that he or she was HIV positive before he or she contracted the subsequent sexually transmitted condition.

     2. Violation of the provisions of subsection 1 or 2 of this section is a class D felony.

     3. Violation of the provisions of subsections 1 or 2 of this section with a person under the age of seventeen is a class C felony if the actor is over the age of twenty-one.

     [3.] 4. The department of health or local law enforcement agency, victim or others may file a complaint with the prosecuting attorney of a court of competent jurisdiction alleging that an individual has violated a provision of subsection 1 of this section. The department of health shall assist the prosecutor in preparing such case.