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1998 SESSION

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983071346
HOUSE BILL NO. 296 Offered January 15, 1998 A BILL to amend the Code of Virginia by adding a section numbered 18.2-67.4:1, relating to infected sexual battery; penalty. ---------- Patron-- McClure ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-67.4:1 as follows:

§ 18.2-67.4:1. Infected sexual battery.

Any person who, knowing he is infected with HIV, has intimate sexual contact with another, including but not limited to sexual intercourse, shall be guilty of infected sexual battery, unless the person, prior to such sexual contact, advises the other person that he is infected, and that such other person then consents to such sexual contact. A minor shall be deemed legally incompetent to give consent.

If a person commits infected sexual battery he is guilty of a Class 6 felony.

If a person commits a second offense of infected sexual battery and it is alleged in the warrant, indictment or information on which he is convicted, and admitted, or found by the jury or judge before whom he is tried, that he has been before convicted in the Commonwealth of Virginia or in another jurisdiction for any offense of infected sexual battery or any offense deemed or punishable as infected sexual battery, regardless of whether the prior conviction was a misdemeanor or a felony, he is guilty of a Class 5 felony.

If a person commits a third or subsequent offense of infected sexual battery and it is alleged in the warrant, indictment or information on which he is convicted, and admitted, or found by the jury or judge before whom he is tried, that he has been at least twice before convicted in the Commonwealth of Virginia or in another jurisdiction for any offense of infected sexual battery or any offense deemed or punishable as infected sexual battery, regardless of whether the prior convictions were misdemeanors, felonies or a combination thereof, he is guilty of a Class 4 felony.

As used in this section:

"HIV" means the human immunodeficiency virus or any other related virus identified as a probable causative agent of acquired immunodeficiency syndrome (AIDS).

2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0.