HB-6020, As Passed House, December 20, 2018

HB-6020, As Passed Senate, December 19, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 6020

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 5210 (MCL 333.5210), as added by 1988 PA 490.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

been diagnosed as having acquired immunodeficiency syndrome or

acquired immunodeficiency syndrome related complex, or who knows

that he or she is HIV infected, and the human immunodeficiency

virus (HIV) who engages in sexual penetration anal or vaginal

intercourse with another person without having first informed the

other person that he or she has acquired immunodeficiency syndrome

or acquired immunodeficiency syndrome related complex or is HIV

infected, with the specific intent that the uninfected person

contract HIV 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.

     (2) A person who knows that he or she has HIV who, without

having first informed the other person that he or she has HIV,

engages in vaginal or anal intercourse, and transmits HIV to an

uninfected person causing that person to become HIV positive, acts

with reckless disregard and is guilty of a felony.

     (3) A person who knows that he or she has HIV who, without

having first informed the other person that he or she has HIV,

engages in vaginal or anal intercourse, and who acts with reckless

disregard but does not transmit HIV, is guilty of a misdemeanor

punishable by imprisonment for not more than 1 year or a fine of

not more than $1,000.00, or both.

     (4) A person who knows that he or she has HIV who is adherent

with the treatment plan of an attending physician and has been

medically suppressed per accepted medical standards is not acting

with reckless disregard.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.