MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Judiciary B

By: Representative Moore, Wells-Smith, Bentz, Chism, Ellington, Fillingane, Martinson, Mayhall, Reed, Reeves, Staples

House Bill 1298

(As Sent to Governor)

AN ACT TO PROHIBIT KNOWINGLY EXPOSING ANOTHER PERSON TO A HUMAN IMMUNODEFICIENCY VIRUS (HIV); TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  It shall be unlawful for any person to knowingly expose another person to a human immunodeficiency virus (HIV).  Prior knowledge and willing consent to the exposure is a defense to the crime set forth herein.

     (2)  For a violation of this section where no cure is available for such disease such violation shall be a felony and, upon conviction, a violator shall be punished by imprisonment for not more than ten (10) years and a fine of not more than Ten Thousand Dollars ($10,000.00).

     (3)  The provisions of this section shall be in addition to any other provisions of law for which the actions described in this section may be prosecuted.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2004.