HB 808 — CRIME/SEX OFFENSES: Provides relative to the intentional exposure to HIV (EN NO IMPACT See Note)

HLSENROLLED 26RS-952 REENGROSSED Regular Session HOUSE BILL NO.

808 BY REPRESENTATIVEREPRESENTATIVES MCMAHEN CRIME/SEXAND OFFENSES:MANDIE LANDRY AN ACT To amend and reenactR.S.

Provides relative to the intentional exposure to HIV AN ACT To amend and reenactR.S.

B.(3) NopersonshallintentionallyexposeanothertoHIVthroughThroughNopersonshallintentionallyexposeanotherto HIVthroughThrough anymeansor contact without the knowingand lawful consent of the victim, ifattheifat the time of the exposure the infected person knew he was HIV positive that poses a substantial likelihood of transmission.

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808 C.ENROLLED C.(4) Nopersonshallintentionallyexposeafirstresponderto HIVthrough Through any means or contact without the knowing and lawful consent of the first responder when that poses a substantial likelihood of transmission if the offender knows at the time of the offensethat he is HIV positive, and has reasonablegrounds tobelievethevictimisafirstresponderactingintheperformanceofhisdutyofficial duties.

(4) Nopersonshall intentionallyexposeafirstresponderto HIVthrough Through any means or contact without the knowing and lawful consent of the first responder when that poses a substantial likelihood of transmission if the offender knows at the time of the offensethat he is HIV positive, and has reasonablegrounds tobelievethevictimisafirstresponderactingintheperformanceofhisdutyofficial duties.

(a) A commissioned police officer, sheriff, deputysheriff,deputy sheriff, marshal, deputy marshal,correctionalofficer,constable,wildlifeenforcementagent,andorprobation and parole officer, any.

E.C.(1) WhoevercommitsthecrimeofintentionalexposuretoHIVviolates the provisions ofParagraph(A)(1),(2),or(3)ofthisof SectionParagraph shall(A)(1),(2), beor(3)ofthis finedSectionshall notbefinednot more than five thousand dollars, imprisoned with or without hard labor for not more than ten years, or both.

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808 ENROLLED F.

(i) Disclosedhis HIV-positivestatustothevictim, andtookand took practicalmeans to prevent transmission as advised bya physician or other healthcare provider or is.

If a defendant intends to introduce documents or testimonyrelating to a medicalconditionorrelatedtreatmentonthebasisofanaffirmativedefense,heshall notify the district attorney in writing of such intention and file a copy of the notice Page 3 of 54 CODING:

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808 notifyENROLLED thewith district attorney in writing of such intention and file a copy of the noticeclerk withnot theclerknotlaterthantendays laterthantendayspriortopriortotrialorin trial or in a reasonabletime as the court maypermit.

The court may,may,for forcause causeshown,shown, allow late filing of the notice or grant additional time to the parties to prepare for trial or issue anyanyother other orders as maybemay be appropriate.

DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeServices.OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ItPage constitutes4 nopart of the4 legislativeCODING: instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 808 Reengrossed 2026 Regular Session McMahen Abstract:

Provides relative to the crime of intentional exposure to HIV.

Present law (R.S.

14:43.5) provides for the crime of intentional exposure to HIV and provides for penalties.

Proposed law retains the definition for "first responder" and penalties, but amends present law as follows:

(1) Prohibits a person from intentionally exposing another person to HIV without the knowing and lawful consent of the victim when the offender knew that he was positive for HIV at the time of the exposure and the contact posed a substantial likelihood of transmission under certain circumstances.

(2) Provides for circumstances that violate proposed law as follows:

(a) Through sexual contact.

(b) Through the sharing of hypodermic needles or syringes.

(c) Through any means or contact that poses a substantial likelihood of transmission.

(d) Through any means or contact that poses a substantial likelihood of transmission if the offender has reasonable grounds to believe the victim is a first responder acting in the performance of his official duties.

Proposed law defines "substantial likelihood of transmission".

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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-952 REENGROSSED HB NO.

808 Proposedlawprovidesforanaffirmativedefensetoprosecutionifthedefendant,atthetime oftheallegedtransmission,disclosedtothevictimthatthedefendantwasreceivingmedical care for HIV and maintained a viral load that effectively eliminated the risk of HIV transmission through sexual contact.

Proposed law provides that the defendant bears the burden of proof for asserting any affirmative defense provided in present law.

Proposed law provides that nothing in proposed law shall be construed to criminalize conduct that poses no medically recognized risk of HIV transmission.