Proposed state legislation would change the current human immunodeficiency transmission law in Iowa and add other contagious diseases to the law. The legislation was approved by the Iowa Senate with a 48-0 vote on Feb. 27.

The bill has a tiered-system with lesser penalties instead of a single sentence for criminal transmission of HIV, hepatitis, tuberculosis and meningococcal disease. It also provides for a defense in the court based on following a treatment regimen and physician’s advice.

The bill, introduced by Sen. Robert Hogg, D-Cedar Rapids, was debated and put up for a vote on the Senate floor on Feb. 27. Previously, it also received bipartisan support in the Senate Judiciary Committee. Hogg said there is a good chance of the bill becoming law during this legislative session.

“Right now, we have this outdated, draconian law that says if you engage in conduct that has the potential of transmitting HIV, you are facing a 25-year sentence, a class-B felony … regardless of whether you have taken action to prevent the transmission,” Hogg said. “We are going to update it.”

According to Iowa Code 709C, a person can be convicted of criminal transmission of HIV on failing to disclose HIV positive status during intimate contact, exchange of bodily fluids or sharing needles. Penalties include a class-B felony and registering as a sex offender for life. The penalty is not any different even if the virus was not transmitted.

The proposed legislation provides for varying penalties from a serious misdemeanor to a class-B felony, depending on the intent of the accused and exposure of a virus to an uninfected person.

“This bill is a step in the right direction and will have a profound impact on the lives of Iowans living with HIV and AIDS,” said Tami Haught, organizer for Community HIV and Hepatitis Advocates of Iowa Network.

Haught said the legislation “will be a significant victory for Iowa and Iowans living with HIV,” if it becomes law. The organization has partnered with other organizations to advocate for this legislation for approximately five years.

Hogg said the new law is an improvement from the current law that was passed in 1998. He said the current law was signed at a time when there was a mass hysteria over AIDS and does not reflect medical advancements in HIV detection and transmission over the years.

The current proposed law takes into account scientific advancements in control transmission of HIV, Hogg said. He added that advocates were expecting broader terms, but writing current laws to reflect future medical improvements is difficult to do.

“The problem is when you are writing criminal law, you have to provide clear notice to the people about what’s legal and what’s not legal … These issues change, the legislature has to update the criminal laws, just like we are trying to do this year,” Hogg said.

The bill is supported by the Coalition Against Sexual Assault, American Civil Liberties Union and Iowa Public Health Association, among others. There are no lobbyists opposed to the bill.

“We had a lot of support within the community. A lot of people are now just learning about 709C and the implications of having a law like this on the books. Currently, Iowa has one of the harshest laws in the nation that targets people living with HIV and AIDS,” said Matty Smith, director of communications for One Iowa, a lesbian, gay, bisexual and transgender organization.

In 2009, Nick Rhoades, a then 34-year-old Iowa man plead guilty to criminal transmission of HIV after he failed to disclose his HIV positive status during his sexual encounter with another man, Adam Plendl. Rhoades was sentenced to 25 years of imprisonment even though a condom was used, and Plendl was not infected with the virus. Smith said this case gave a face to the issue.

“HIV and AIDS is a disease that does not discriminate regardless of whether or not [people] are LGBT or straight … The work that CHAIN and One Iowa are doing is really helping to bring those faces to public attention,” Smith said.