For amend and vote only, the House Courts and Criminal Code Committee heard HB 1198 on serious communicable diseases authored by Rep. McNamara. A version of this bill has been introduced the last four legislative sessions with the intent to update the law consistent with medical advances. The bill:
- Removes sentencing enhancements for battery and malicious mischief that relate to HIV.
- Repeals certain offenses concerning the donation, sale, or transfer of blood or semen that contains HIV.
- Provides that a person with a communicable disease who knowingly or intentionally violates or fails to inform a person at risk with the intent to pose a serious and present risk to the health of the other person commits a Level 6 felony.
At the January 18th meeting, representatives from Indiana Minority Health Coalition, Indiana Public Defender Council, and Indiana Prosecuting Attorneys Council testified in favor of the bill. A representative of Indiana Fraternal Order of Police testified against the bill.
At this week’s meeting, an amendment was introduced to retain the current Level 5 felony for cases involving safety officers (as defined in Ind. Code 35-42-2-1) and retain the Level 6 felony for individuals who have serious communicable disease and knowingly and intentionally exposes another person. The amendment was adopted by consent. The bill amended passed 11-1.
Read the bill at https://iga.in.gov/legislative/2023/bills/house/1198