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Modernizing criminal law on infectious disease

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Iowa’s criminal law relating to transmission of HIV is outdated and severely punishes people who have no criminal intent to transmit the disease. The law stigmatizes everyone who suffers from HIV and ends up discouraging people from seeking treatment. No other disease is dealt with in such a punitive way under Iowa law.

Over the years, advances in health care have resulted in big successes in controlling HIV with medication and other treatments. With the knowledge and understanding research has provided us in recent decades, it’s time to update Iowa’s law on infectious diseases. This week, the Iowa Senate unanimously approved Senate File 2297 to do just that. 

Under the bill, it is a crime to intentionally transmit or try to transmit various infectious or contagious diseases, including HIV, hepatitis, tuberculosis and meningococcal disease. However, a person who has one of these diseases who does not behave in a way that would transmit the disease would not be guilty of a crime.

The bill promotes public health by encouraging those who may be carrying a disease to seek treatment rather than live fear of being charged with a crime if they have intimate relations with another person.

For more information about HIV and other infectious diseases, go to www.cdc.gov/hiv.


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