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Calista241

(5,586 posts)
Sun Oct 8, 2017, 09:24 AM Oct 2017

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

32 replies = new reply since forum marked as read
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California lowers penalty for knowingly exposing partners to HIV (Original Post) Calista241 Oct 2017 OP
That's just wrong. That's assault, as far as I'm concerned. Honeycombe8 Oct 2017 #1
Exactly. LisaL Oct 2017 #2
Assault? It's murder. Man_Bear_Pig Oct 2017 #13
You don't necessarily die from HIV/aids, any more.nt Honeycombe8 Oct 2017 #18
WTH??? Why lower this? "knowingly" is the key word here. USALiberal Oct 2017 #3
I don't get it either. LisaL Oct 2017 #4
No big deal. RhodeIslandOne Oct 2017 #21
So now it is legal to murder someone? Doreen Oct 2017 #5
How very un-Californian Bayard Oct 2017 #6
Unless I'm missing something... dhill926 Oct 2017 #7
not cool. They_Live Oct 2017 #8
I really thought this was "fake" news, but I looked it up & it's true. burfman Oct 2017 #9
Judging from a number of comments here... yallerdawg Oct 2017 #10
Excellent observation A Morpheus Felinae Oct 2017 #11
I'd be fine with legal consequences for knowing giving me..HepC/TB/etc EX500rider Oct 2017 #12
There are legitimate reasons we don't make having a disease a crime. yallerdawg Oct 2017 #15
I don't think having it should be a crime..but knowingly hiding it & giving it to someone... EX500rider Oct 2017 #17
No one is arguing that having a disease, in and of itself should be a crime. LanternWaste Oct 2017 #23
"Hysterical?" yallerdawg Oct 2017 #24
it is not HAVING a disease that is a crime Skittles Oct 2017 #31
You're right. HIV is no big deal. RhodeIslandOne Oct 2017 #19
Here's what I'll actually let you know (from CNN, a reliable source): yallerdawg Oct 2017 #22
It wasn't "extreme and discriminatory" at all ClarendonDem Oct 2017 #26
Fear-based authoritarianism has never impacted my liberal progressive views. yallerdawg Oct 2017 #28
I read the article ClarendonDem Oct 2017 #29
Governor Signs Bill Modernizing California HIV Laws yallerdawg Oct 2017 #30
This is terrible. romanic Oct 2017 #14
Read about it... yallerdawg Oct 2017 #16
It actually reduces obamanut2012 Oct 2017 #20
HIV isn't stigmatized becuse of the law Jose Garcia Oct 2017 #25
Its well needed and PAST TIME FreeState Oct 2017 #32
This new law does not remove civil consequences of knowingly spreading HIV. Hoyt Oct 2017 #27

Honeycombe8

(37,648 posts)
1. That's just wrong. That's assault, as far as I'm concerned.
Sun Oct 8, 2017, 10:00 AM
Oct 2017

And a misdemeanor to knowingly give HIV blood? What is Gov Brown thinking?

LisaL

(44,973 posts)
2. Exactly.
Sun Oct 8, 2017, 10:02 AM
Oct 2017

What purpose would someone who knows they are HIV positive have to donate blood, other than to infect people? How is that a misdemeanor?

LisaL

(44,973 posts)
4. I don't get it either.
Sun Oct 8, 2017, 10:19 AM
Oct 2017

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)
21. No big deal.
Mon Oct 9, 2017, 03:51 PM
Oct 2017

Just get a better job or something. It's stigmas that are fatal.

You heard it here first.

Doreen

(11,686 posts)
5. So now it is legal to murder someone?
Sun Oct 8, 2017, 10:25 AM
Oct 2017

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.

burfman

(264 posts)
9. I really thought this was "fake" news, but I looked it up & it's true.
Sun Oct 8, 2017, 02:26 PM
Oct 2017

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)
10. Judging from a number of comments here...
Sun Oct 8, 2017, 02:34 PM
Oct 2017

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.

yallerdawg

(16,104 posts)
15. There are legitimate reasons we don't make having a disease a crime.
Sun Oct 8, 2017, 06:59 PM
Oct 2017

They are the basis of fixing the HIV felony status.

EX500rider

(10,848 posts)
17. I don't think having it should be a crime..but knowingly hiding it & giving it to someone...
Sun Oct 8, 2017, 07:25 PM
Oct 2017

....is different.

 

LanternWaste

(37,748 posts)
23. No one is arguing that having a disease, in and of itself should be a crime.
Mon Oct 9, 2017, 04:31 PM
Oct 2017

No one is arguing that having a disease, in and of itself should be a crime. You're getting hysterical.

Skittles

(153,160 posts)
31. it is not HAVING a disease that is a crime
Tue Oct 10, 2017, 09:35 PM
Oct 2017

it is failing to inform your sexual partners

and by the way, misdemeanors are STILL crimes

yallerdawg

(16,104 posts)
22. Here's what I'll actually let you know (from CNN, a reliable source):
Mon Oct 9, 2017, 04:17 PM
Oct 2017
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.

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)
26. It wasn't "extreme and discriminatory" at all
Tue Oct 10, 2017, 08:56 AM
Oct 2017

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)
28. Fear-based authoritarianism has never impacted my liberal progressive views.
Tue Oct 10, 2017, 10:09 AM
Oct 2017

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)
29. I read the article
Tue Oct 10, 2017, 10:16 AM
Oct 2017

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)
30. Governor Signs Bill Modernizing California HIV Laws
Tue Oct 10, 2017, 10:34 AM
Oct 2017
SB 239 updates California criminal law to approach transmission of HIV in the same way as transmission of other serious communicable diseases. It also brings California statutes up to date with the current understanding of HIV prevention, treatment and transmission. The bill fulfills a key goal of the National HIV/AIDS Strategy and is consistent with guidance from the U.S. Department of Justice and with California’s “Getting to Zero” HIV transmission reduction strategy.

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 California’s 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 it’s good public health. When people are no longer penalized for knowing their status, it encourages them to come forward, get tested and get treatment. That’s good for all Californians.”

https://www.eqca.org/239signed/

yallerdawg

(16,104 posts)
16. Read about it...
Sun Oct 8, 2017, 07:06 PM
Oct 2017

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.".

Jose Garcia

(2,598 posts)
25. HIV isn't stigmatized becuse of the law
Tue Oct 10, 2017, 07:46 AM
Oct 2017

HIV is stigmatized because it causes AIDS. AIDS is a horrible disease to have.

FreeState

(10,572 posts)
32. Its well needed and PAST TIME
Tue Oct 10, 2017, 09:55 PM
Oct 2017

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 Women’s 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 that’s 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 Governor’s 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.”
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