SB-1130, As Passed Senate, December 3, 2014

















October 22, 2014, Introduced by Senators KAHN, PAPPAGEORGE and PROOS and referred to the Committee on Judiciary.




     A bill to amend 1978 PA 368, entitled


"Public health code,"


by amending sections 5101 and 5210 (MCL 333.5101 and 333.5210),


section 5101 as amended by 2010 PA 119 and section 5210 as added by


1988 PA 490.




     Sec. 5101. (1) As used in this article:


     (a) "Care" includes treatment, control, transportation,


confinement, and isolation in a facility or other location.


     (b) "Communicable disease" means an illness due to a specific


infectious agent or its toxic products that results from


transmission of that infectious agent or its products from a


reservoir to a susceptible host, directly as from an infected


individual or animal, or indirectly through the agency of an


intermediate plant or animal host, vector, or the inanimate




     (c) "HIV" means human immunodeficiency virus.


     (d) "HIV infection" or "HIV infected" means the status of an


individual who has tested positive for HIV, as evidenced by either


a double positive enzyme-linked immunosorbent assay test, combined


with a positive western blot assay test, or a positive result under


an HIV test that is considered reliable by the federal centers for


disease control and prevention and is approved by the department.


     (e) "Immunization" means the process of increasing an


individual's immunity to a disease by use of a vaccine, antibody


preparation, or other substance.


     (f) "Infection" means the invasion of the body with


microorganisms or parasites, regardless of whether or not the


invasion results in detectable pathologic effects.


     (g) "Serious communicable disease or infection" means a


communicable disease or infection that is designated as serious by


the department pursuant to this part. Serious communicable disease


or infection includes, but is not limited to, HIV infection,


acquired immunodeficiency syndrome, hepatitis C virus, venereal


disease, and tuberculosis.


     (h) "Venereal disease" means syphilis, gonorrhea, chancroid,


lymphogranuloma venereum, granuloma inguinale, and other sexually


transmitted diseases that the department may designate and require


to be reported under section 5111.


     (2) In addition, article 1 contains general definitions and


principles of construction applicable to all articles in this code.


     Sec. 5210. (1) A person An individual who knows that he or she


has or has been diagnosed as having acquired immunodeficiency


syndrome, or acquired immunodeficiency syndrome related complex, or


the hepatitis C virus, or who knows that he or she is HIV infected,


and who engages in sexual penetration with another person


individual without having first informed the other person


individual that he or she has acquired immunodeficiency syndrome,


or acquired immunodeficiency syndrome related complex, or the


hepatitis C virus, or is HIV infected, is guilty of a felony.


     (2) As used in this section, "sexual penetration" means sexual


intercourse, cunnilingus, fellatio, anal intercourse, or any other


intrusion, however slight, of any part of a person's body or of any


object into the genital or anal openings of another person's body,


but emission of semen is not required.