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If the person is actually infected as a result of the intentional HIV exposure, PC 120290 can be punished by:
Up to 6 months in jail, and/or
A fine of up to $1,000.
Attempting (unsuccessfully) to transmit an infectious or communicable disease can be punished by up to 90 days in jail.
2. Is non-disclosure still a crime?
SB 239 also added Section 1170.21 to the California Penal Code to negate HIV criminalization laws. Penal Code 1170.21 automatically vacates prior arrests and convictions for these HIV-specific criminal laws:
Non-disclosure of HIV status (former Penal Code 647f), and/or
Felony prostitution convictions based on HIV status.
In a misguided attempt to promote public health issues, encourage HIV prevention, and stop the spread of HIV using criminal laws, former Penal Code 647f made it a felony for someone who knew he or she was HIV positive to have unprotected sex with a partner without first informing the partner.
California law also made it a felony for a defendant who tested positive for AIDS after a prostitution conviction to be convicted of a second prostitution offense.
SB 239 automaticallyvacated these arrests and convictions. For all legal intents and purposes, they never occurred. This means that people who were arrested, charged or convicted of these counts do not need to disclose them when applying for employment or a California state license.
But anyone currently serving a sentence for such a charge must petition the court to vacate the conviction. Time served will be credited to any related charges on which the defendant was also convicted (such as Penal Code 647b, California’s law on prostitution).
SB 239 was authored by Sen. Scott Wiener and Assemblyman Todd Gloria and was signed into law by then-Governor Jerry Brown. The bill was championed by many Californians in the LGBTQ community, including
transgender women and men,
people of color, including
black men and black women, as well as
Many Republicans opposed the bill.
There are now very effective treatments for HIV as well as widespread HIV testing. It is no longer the death sentence for HIV-positive people that it used to be.
3. Is there mandatory HIV-education for prostitution or solicitation convictions?
Under California’s HIV law prior to SB 239, anyone convicted of a first offense for prostitution or soliciting prostitution was required to take an AIDS education course about HIV transmission.
But following the enactment of SB 239 people convicted of a first offense for these charges no longer need to do so.
4. Can I be sued for not disclosing my HIV-positive status to a partner?
California law allows a plaintiff to sue for damages if:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.