Laws on purposeful HIV transmission.

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Laws on purposeful HIV transmission.

Unread postby Pity » 18th February, 2017, 2:18 pm

In California's newly introduced Senate Bill 239, intentionally transmitting any infectious or communicable disease, including HIV, would be a misdemeanor, not a felony.

According to LGBT and minority advocacy groups who are pushing for this law, it targets gays and racial minorities, including Latinos.

What are your thoughts on this? Should purposely transmission be rolled back to a misdemeanor? What should the punishment be?

Personally, I think it is absolutely insane that Democrats are doing this. It should remain a felony to purposefully transmit HIV. Unlike other sexually transmitted diseases, it cannot be cured and it can be lethal.
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Re: Laws on purposeful HIV transmission.

Unread postby Dessy » 18th February, 2017, 2:28 pm

Not sure why we would want to not make it less punishable for people to knowingly have unprotected sex while not disclosing that they have HIV/AIDS. So I feel like I'm missing something here...
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Re: Laws on purposeful HIV transmission.

Unread postby boiii » 18th February, 2017, 4:06 pm

:crazy:
I can't even think about an argument one would use to defend this idea.
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Re: Laws on purposeful HIV transmission.

Unread postby JonathanT88 » 18th February, 2017, 6:31 pm

I'd have thought LGBT rights groups would be fighting to keep it a felony in order to PROTECT gay people from incurable disease. This seems silly to me.
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Re: Laws on purposeful HIV transmission.

Unread postby Togetik » 18th February, 2017, 9:56 pm

It's because the HIV/AIDS laws weren't in line with those of other, similar communicable diseases. It's about equating the laws, rather than weakening them
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Re: Laws on purposeful HIV transmission.

Unread postby Togetik » 18th February, 2017, 9:56 pm

It's because the HIV/AIDS laws weren't in line with those of other, similar communicable diseases. It's about equating the laws, rather than weakening them
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Re: Laws on purposeful HIV transmission.

Unread postby Mawd » 18th February, 2017, 10:58 pm

Yeah I think it must have something to do with how treatable HIV is now (while still being a massive financial strain) and how at the time AIDS was regarded as a death sentence faggot disease and gaining HIV always meant progressing to AIDS. These laws were probably brought in during a time of a large public hysteria and with modern medical, social, and legal concerns the sentence is now being downgraded in line with similar offences.

AIDS kills a lot of people that don't have access to first world medical treatments or wider preventative education. HIV is at this point much more benign but still extremely frightening.
Existing HIV treatments also lead to a reduced risk in transmitting the disease.
These improvements have led to people regarding it as a chronic rather than fatal disease.
If you treat someone early before the transition to AIDS they have a life expectancy of around 20-50 years, if you catch someone just after they develop AIDS they can still live for around 10-40 years.
Untreated, AIDS will kill you within about 6-19 months.
Numbers taken from lazypedia.

The most common factor to staying alive is sticking with your medication, however that isn't achievable for many who are may be dealing with mental health issues, poor access to medical care, drug addiction, or just bad social support.

Also many other sexually transmitted diseases exist that are either incurable or becoming very hard to cure. There are also a few other that can kill. Syphilis is commonly treated with antibiotics and can cause brain damage and death as well as physical deformity in people who are born with it. If the disease ever develops a highly antibiotic resistant strain then it absolutely become a widespread killer of people again.


Also look at this:

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.


It's likely that this little addition is also gaining the bill wider support from the political body.
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