CCS/HCS/SB 347 - This act revises the statute which makes it a crime for a person with HIV to engage in behavior which could expose another person to the disease. Specifically it would be unlawful for a person knowing he/she is HIV infected to be or attempt to be a blood, blood products, organ, sperm or tissue donor except as deemed necessary for medical research; or by acting 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 sexual intercourse or by sharing needles.

Evidence that a person with HIV knew of such infection before engaging in sexual activity with another person, and such other person is unaware of the HIV infected person's condition or does not consent to contact with in sexual activity or by the sharing of needles; the HIV infected person has subsequently been infected with and tested positive to primary and secondary syphilis, or gonorrhea or chlamydia; or another person provides corroborated evidence of sexual contact with the HIV infected person after a diagnosis of an HIV status.

Violation of these provisions with a person under the age of 17 is a Class C felony if the perpetrator is over the age of 21. The Department of Health, the local law enforcement agency, the victim or others may file a complaint with the prosecuting attorney alleging that a person has violated the provisions of this act.

The act also defines prostitution-related offenses and persistent prostitution offender and that a judge may order a drug and alcohol abuse treatment program for any person found guilty of prostitution, either after trial or upon a plea of guilty before sentencing. Upon the successful completion of such program by the defendant, the court shall allow the defendant to withdraw the plea of guilty or reverse the verdict and enter a plea of not guilty.

Any person who pleads guilty or is found guilty of a violation of section 567.020 or section 567.030 and who is alleged and proved to be a persistent prostitution offender is guilty of a Class D felony. Any person arrested for a prostitution related offense, who has previously been convicted of or pled guilty to a prostitution related offense, may, within the sound discretion of the court, be required to undergo HIV testing as a condition precedent to the issuance of bond for the offense.
CHERYL GRAZIER