The state Senate on Wednesday voted to no longer make it a felony for someone infected with HIV to knowingly expose others to the disease by having unprotected sex without telling his or her partner about the infection.
The crime would be downgraded to a misdemeanor, and the bill would also apply to people who donate blood or semen without telling the blood or semen bank that they have acquired immunodeficiency syndrome, or AIDS, or have tested positive for human immunodeficiency virus, or HIV, the precursor to AIDS.
The measure, which next goes to the Assembly for consideration, was introduced by Sen. Scott Wiener (D-San Francisco), who said it is unfair to make HIV/AIDS the only communicable disease given such harsh treatment by prosecutors.
“These laws are irrational and discriminatory,” Wiener told the Senate, adding that the current felony status is “creating an incentive not to be tested, because if you don’t know your status you can’t be guilty of a felony.”
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