California lowers penalty for knowingly exposing partners to HIV
Source: CNN
Starting January 1, 2018, it will no longer be a major crime in California to knowingly expose a sexual partner to HIV without disclosing the infection. Gov. Jerry Brown signed legislation on Friday that lowers the offense from a felony to a misdemeanor.
The California legislature passed SB 239 on September 11.
The law previously punished people who knowingly exposed or infected others with HIV by up to eight years in prison. This new legislation will lower jail time to a maximum of six months.
The new law also reduces the penalty for knowingly donating HIV-infected blood from a felony to a misdemeanor.
Read more: http://www.cnn.com/2017/10/07/health/california-hiv-bill-signed/index.html
Honeycombe8
(37,648 posts)And a misdemeanor to knowingly give HIV blood? What is Gov Brown thinking?
What purpose would someone who knows they are HIV positive have to donate blood, other than to infect people? How is that a misdemeanor?
Man_Bear_Pig
(89 posts)Honeycombe8
(37,648 posts)USALiberal
(10,877 posts)LisaL
(44,973 posts)It's treatable now, but you still have to take expensive meds for the rest of you life, it's not like its curable. Meds that have side effects.
RhodeIslandOne
(5,042 posts)Just get a better job or something. It's stigmas that are fatal.
You heard it here first.
Doreen
(11,686 posts)Or murder several people. How much do you want to fucking bet that if that was done to one of those fucks that lowered the penalty they would still be jailing that person for those eight years or longer? This is just another fight against LGBQT. They are stupid to think HIV is just an LGBQT problem. Our government should just get it over with and make murder legal all the way around because it seems like that is where all of this is going.
Bayard
(22,073 posts)I'm surprised.
dhill926
(16,339 posts)this is beyond fucked up. Knowingly?
They_Live
(3,233 posts)and totally illogical.
burfman
(264 posts)Don't understand the 'logic' allowing someone to knowingly risk giving someone HIV without warning the other person, with the penalty for this just being a 'slap' on the wrist.
LA Times: http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-lawmakers-support-reducing-penalty-for-1505179836-htmlstory.html
yallerdawg
(16,104 posts)it is obvious how "HIV" has a stigma not associated with any other diseases easily transmitted from one person to another that carry no legal consequences.
A Morpheus Felinae
(41 posts)EX500rider
(10,848 posts)yallerdawg
(16,104 posts)They are the basis of fixing the HIV felony status.
EX500rider
(10,848 posts)....is different.
LanternWaste
(37,748 posts)No one is arguing that having a disease, in and of itself should be a crime. You're getting hysterical.
yallerdawg
(16,104 posts)Skittles
(153,160 posts)it is failing to inform your sexual partners
and by the way, misdemeanors are STILL crimes
RhodeIslandOne
(5,042 posts)Thanks for letting us all know.
yallerdawg
(16,104 posts)The new law also reduces the penalty for knowingly donating HIV-infected blood from a felony to a misdemeanor.
Bill sponsors Sen. Scott Wiener and Assemblyman Todd Gloria, both Democrats, argued California law was outdated and stigmatized people living with HIV, especially given recent advancements in medicine. Evidence has shown that a person with HIV who undergoes regular treatment has a negligible chance of spreading the infection to others through sexual contact.
"The most effective way to reduce HIV infections is to destigmatize HIV," Wiener told CNN. "To make people comfortable talking about their infection, get tested, get into treatment."
Since the previous law did not require a risk of infection, meaning people on HIV medication could still be charged with a felony, Wiener told CNN it was "extreme and discriminatory."
http://www.cnn.com/2017/10/07/health/california-hiv-bill-signed/index.html
ClarendonDem
(720 posts)If you "knowingly exposed or infected" someone with HIV -- which was in fact a death sentence for many years and for many people -- you should be charged with a crime, and I'm perfectly ok with it being a felony.
yallerdawg
(16,104 posts)If you read the article - and there are many, many other articles and sources including on the origins of this corrected legislation and the fearful discriminatory basis of it - you will understand the issue much better.
"You can lead a horse to water, but you can't make him drink."
ClarendonDem
(720 posts)I just disagree that someone with a potentially fatal disease who knowingly passes that disease on to someone else should only be subjected to a misdemeanor charge. This has nothing to do with "fear-based authoritarianism," but rather the appropriate penalty for assault, arguably assault with intent to kill. How does a felony charge for knowingly giving someone a potentially fatal disease stigmatize the entire HIV-positive population of California?
yallerdawg
(16,104 posts)Beginning in the late 1980s and at the height of the HIV epidemic, lawmakers passed several laws criminalizing otherwise legal behaviors of people living with HIV and added HIV-related penalties to existing crimes. These laws were based on fear and the limited medical understanding of the time. When most of these laws were passed, there were no effective treatments for HIV and discrimination against people living with HIV was rampant. Research now demonstrates that people living with HIV on effective treatment cannot transmit the virus to their partners. HIV-negative individuals can now take medication, known as PrEP (pre-exposure prophylaxis), to reduce the risk of acquiring HIV by up to 99 percent. SB 239 ensures that these advances inform our laws and the manner in which we address our public health response to HIV.
With his signature, Governor Brown has moved Californias archaic HIV laws out of the 1980s and into the 21st century, said Rick Zbur, executive director of Equality California. SB 239 will do much to reduce stigma and discrimination against people living with HIV it is not only fair, but its good public health. When people are no longer penalized for knowing their status, it encourages them to come forward, get tested and get treatment. Thats good for all Californians.
https://www.eqca.org/239signed/
romanic
(2,841 posts)This will definitely increase the stigma of having HIV.
yallerdawg
(16,104 posts)and you'll understand how this reduces the stigma and prejudice that is left over from the original deep fear we held - which treated HIV "differently.".
obamanut2012
(26,076 posts)Jose Garcia
(2,598 posts)HIV is stigmatized because it causes AIDS. AIDS is a horrible disease to have.
FreeState
(10,572 posts)The gay community has been pushing for this for a while.
Edit to add:
https://www.lambdalegal.org/blog/ca_20171006_governor-signs-bill-modernizing-hiv-laws
Governor Jerry Brown today signed into law landmark legislation to reform outdated laws that unfairly criminalized and stigmatized people living with HIV. Senate Bill (SB) 239 was authored by Sen. Scott Wiener (D-San Francisco) and Asm. Todd Gloria (D-San Diego) and cosponsored by Lambda Legal, Equality California, the ACLU of California, APLA Health, Black AIDS Institute, and Positive Womens Network USA.
These organizations are part of Californians for HIV Criminalization Reform (CHCR), a broad coalition of people living with HIV, HIV and health service providers, civil rights organizations and public health professionals dedicated to ending the criminalization of people living with HIV in California.
Today California took a major step toward treating HIV as a public health issue, instead of treating people living with HIV as criminals, said Senator Wiener. HIV should be treated like all other serious infectious diseases, and thats what SB 239 does. We are going to end new HIV infections, and we will do so not by threatening people with state prison time, but rather by getting people to test and providing them access to care. I want to thank Governor Brown for his support in helping to put California at the forefront of a national movement to reform these discriminatory laws."
State law will no longer discourage Californians from getting tested for HIV, said Asm. Gloria. With the Governors signature today, we are helping to reduce the stigma that keeps some from learning their HIV status and getting into treatment to improve their health, extend their lives, and prevent additional infections. I want to thank Governor Brown for signing SB 239. This action keeps California at the forefront in the fight to stop the spread of HIV.