CA Governor Makes The Intentional Spread of HIV Less Punishable

HIV Positive Californians now have little risk not disclosing to the Blood Bank or their partner that they are HIV Positive. Doing so used to be a felony in the state, but now it’s equivalent to a misdemeanor or a parking ticket.

Senate Bill 239 passed on Friday and the Bill was co-authored by Senator Scott Weiner (CA-D) and signed by Gov. Jerry Brown (D). This along with the Weiner-Brown team of passing the SB 219 which now allows imprisonment and fines for people who do not use the correct gender pronouns or refuse to room with the opposite gender. Click here to see the original article.

Click here to read the California SB 239 Infectious and communicable diseases: HIV and AIDS: Criminal penalties.

Instead of requiring individuals to disclose they have HIV at a Blood Bank they are basically having the Blood Bank screening ALL Blood for HIV then notifying the donor if they are positive. Click here to see the legislation.

(1) That the blood or blood components shall be tested for evidence of antibodies to HIV.
(2) That the donor shall be notified of the test results in accordance with the requirements described in subdivision (c).
(3) That the donor blood or blood component that is found to have the antibodies shall not be used for transfusion.
(4) That blood or blood components shall not be donated for transfusion purposes by a person if the person may have reason to believe that he or she has been exposed to HIV or AIDS.
Also for sperm donation the HIV Positive does not have to be disclosed.
Before insemination or other assisted reproductive technology services are performed, the physician providing the services shall inform the recipient of sperm from a spouse, partner, or designated donor who has tested reactive for HIV or HTLV of all of the following:
(I) That sperm processing may not eliminate all of the risks of HIV or HTLV transmission.
(II) That the sperm may be tested to determine whether or not it is reactive for HIV or HTLV.

Reported by the LA Times: Republican lawmakers including Sen. Joel Anderson of Alpine voted against the bill, arguing it puts the public at risk.

“I’m of the mind that if you purposefully inflict another with a disease that alters their lifestyle the rest of their life, puts them on a regimen of medications to maintain any kind of normalcy, it should be a felony,” Anderson said during the floor debate. “It’s absolutely crazy to me that we should go light on this.” 

Do you agree that it should be a felony to not disclose a deadly disease to a blood bank, sperm bank or partner ? Drop a line a below and tell us what you think.

(Feature Photo courtesy of Scott Weiner website)

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2 Comments on "CA Governor Makes The Intentional Spread of HIV Less Punishable"

  1. I HOPE THAT THE BLOOD BANK IS STILL TESTING THE BLOOD AND NOT TAKING SOMEONES WORD FOR IT. YES IT SHOULD BE A CRIME IF THEY KNOW THAT THEY ARE SPREADING AIDS. AND THEY SHOULD BE SUED. THIS GOVERNOR IS TERRIBLE THE WAY HE THINKS. HE’S SUPPOSE TO PROTECT US.

  2. Agree, Beverly. Blood Banks can make mistakes too. I’d rather have both. The individual divulging and the Blood Bank testing. It is an accident waiting to happen.

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