Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020        

Infected sexual battery; knowledge of convicted person.

Provides that, in order for a person to be convicted of infected sexual battery, such person (i) knew that he was infected at the time of the offense with HIV, syphilis, or hepatitis B and (ii) knew that his infection was currently detectable and transmittable, and committed the offense without using a prophylactic barrier, including a condom or dental dam.

Date Version PDF TXT
01/31/2020 House: Committee substitute printed 20107223D-H1 Open
01/07/2020 House: Prefiled and ordered printed; offered 01/08/20 20104879D Open

            

2020 SESSION

    20107223D
    HOUSE BILL NO. 864
    AMENDMENT IN THE NATURE OF A SUBSTITUTE
    (Proposed by the House Committee for Courts of Justice
    on January 31, 2020)
    (Patron Prior to Substitute--Delegate Levine)
    A BILL to amend and reenact � 18.2-67.4:1 of the Code of Virginia, relating to infected sexual battery.

    Be it enacted by the General Assembly of Virginia:

    1. That � 18.2-67.4:1 of the Code of Virginia is amended and reenacted as follows:

    18.2-67.4:1. Infected sexual battery; penalty.

    A. Any person who, knowing he is infected with HIV, syphilis, or hepatitis B, has sexual intercourse, cunnilingus, fellatio, anilingus, or anal intercourse with the intent to transmit the infection to another person is guilty of a Class 6 felony.

    B. Any person who, (i) knowing he is infected with HIV, syphilis, or hepatitis B and (ii) knowing his infection is currently detectable and transmittable, has sexual intercourse, cunnilingus, fellatio, anilingus, or anal intercourse with another person without having previously disclosed the existence of his infection to the other person and without either person using any prophylactic barrier, including a condom or dental dam, or medication approved by the U.S. Food and Drug Administration to prevent transmission is guilty of a Class 1 misdemeanor.

    C. For the purposes of this section,  "HIV" means the human immunodeficiency virus or any other related virus that causes acquired immunodeficiency syndrome (AIDS).

    Nothing in this section shall prevent the prosecution of any other crime against persons under Chapter 4 (� 18.2-30 et seq.) of this title. Any person charged with a violation of this section alleging he is infected with HIV shall be subject to the testing provisions of � 18.2-62.

    Picture Name From Date Type
    Mark H. Levine D-Richmond Sponsor
    Ibraheem S. Samirah D-Richmond Cosponsor
    Date Branch Action
    01/31/2020 House House: Reported from Courts of Justice with substitute (10-Y 6-N)
    01/29/2020 House House: Subcommittee recommends reporting with amendments (5-Y 3-N)
    01/28/2020 House House: Assigned Courts sub: Criminal
    01/07/2020 House House: Prefiled and ordered printed; offered 01/08/20 20104879D
    01/07/2020 House House: Referred to Committee for Courts of Justice
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    House 1/31/2020 12:00:00 AM 10 8 0
    House 1/28/2020 12:00:00 AM 5 4 0
    Wiki





    Start Description.
    Provides that, in order for a person to be convicted of infected sexual battery, such person (i) knew that he was infected at the time of the offense with HIV, syphilis, or hepatitis B and (ii) knew that his infection was currently detectable and transmittable, and committed the offense without using a prophylactic barrier, including a condom or dental dam.
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    HIV
    Any person who, (i) knowing he is infected with HIV, syphilis, or hepatitis B, and (ii) knowing his infection is currently detectable and transmittable, has sexual intercourse, cunnilingus, fellatio, anilingus, or anal intercourse without using any prophylactic barrier, including a condom or dental dam, with the intent to transmit the infection to another person is guilty of a Class 6 felony


    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type