Bill Introduced to Reform Iowa's HIV Criminalization Law

A bill was introduced in Iowa by Senator Rob Hogg to reform the state's HIV-related criminal statute. The bill makes significant improvements to the Iowa's HIV-specific criminal law. For example, it eliminates the sex offender registration requirement for those convicted under the current Iowa HIV law, and provides a defense for defendants who take "practical means to prevent transmission." The bill creates tiered penalties taking intent to transmit -- and whether actual transmission occurred -- into account. The maximum penalty, a class B felony, would result in 25 years imprisonment (this is more than what is meted out for manslaughter). Intent to transmit that does not result in HIV transmission is a class D felony punishable by 5 years imprisonment. Conduct that reflects "reckless disregard" would be treated as a class D felony or "serious misdemeanor" depending on whether transmission occurred. Unfortunately, the bill creates two new felony offenses for exposure/ transmission of meningitis and tuberculosis (TB), which are not blood-borne and can be transmitted by coughing, sneezing and kissing. This particular provision could open inmates, detainees, homeless people and other vulnerable and marginalized folks to criminal prosecution based on coughing, sneezing or kissing.