West Virginia HB 2215: Making it a felony to knowingly expose another individual to HIV

Bill Text

HB 2215 Text

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Introduced Version

« House Bill 2215 History

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 Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2019 regular session

Introduced

House Bill 2215

By Delegates Sypolt and Rowan

[Introduced January 10, 
2019; Referred

to the Committee on Health and Human Resources then the Judiciary.]

A BILL to amend and 
reenact §16-4-20 of the Code of West Virginia, 1931, as amended, relating to 
making it a felony to knowingly expose another individual to HIV without his or 
her informed consent; establishing criminal penalties; and imposing civil 
liability.

Be it enacted by the 
Legislature of West Virginia:

ARTICLE 4. SEXUALLY 
TRANSMITTED DISEASES.

§16-4-20. Communication 
of disease; certificate; prohibiting knowing and willful exposure of another 
to HIV; criminal penalties; civil penalties.

(a) It shall be unlawful for any person suffering with an 
infectious venereal disease to perform any act which exposes another person to 
infection with said disease, or knowingly to infect or expose another person to 
infection with such disease; and no physician, health officer or other person 
shall give any certificate showing a person to be free from a venereal disease, 
but such certificate shall simply state the results of tests and examinations 
that may have been made, and what tests were made to arrive at the results 
stated.

(b) An individual who, 
knowing that he or she is infected with the human immunodeficiency virus (HIV), 
willfully performs any act which exposes another person to HIV without that 
person’s informed consent shall be guilty of a felony and, upon conviction 
thereof, shall be confined in a state correctional facility not less than one 
nor more than five years, and fined not less than $1,000, nor more than $5,000. 
In addition to any criminal penalties imposed under this subsection, the court 
may order any individual convicted under this subsection to pay all or any 
portion of the cost of medical, psychological or psychiatric treatment of the 
victim, the need for which results from the act or acts for which the defendant 
is convicted, regardless of whether the victim is considered to have sustained 
bodily injury.

NOTE: The purpose of this bill is 
to make it a felony to knowingly expose another individual to HIV without his 
or her consent; to impose penalties therefor; and to impose civil liability.

Strike-throughs indicate language 
that would be stricken from a heading or the present law and underscoring 
indicates new language that would be added.

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