Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator M. TERESA RUIZ
District 29 (Essex)
Co-Sponsored by:
Senator Weinberg
SYNOPSIS
Reduces offense of deliberately transmitting a sexually-transmitted infection to a disorderly persons offense and revises elements of the offense.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on May 6, 2021, with amendments.
An Act concerning purposely transmitting a disease by engaging in an act of sexual penetration and amending N.J.S.2C:34-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:34-5 is amended to read as follows:
2C:34-5. [Diseased person] Purposely transmitting a disease by committing an act of sexual penetration.
a. (1) A person is guilty of a [crime of the fourth degree] disorderly persons offense [who, knowing that he or she is infected with a venereal disease such as chancroid, gonorrhea, syphilis, herpes virus, or any of the varieties or stages of such diseases, commits an act of sexual penetration without the informed consent of the other person] if the person purposely transmits 1[an infectious or communicable disease] a sexually-transmitted infection1 and all of the following apply:
(a) the person knows that he or she is diagnosed with 1[an infectious or transmissible disease] sexually-transmitted infection1 ;
(b) the person acts with the specific intent to transmit the 1[infectious or communicable disease] sexually-transmitted infection1 to another person;
(c) the person does not take or attempt to take means to prevent the transmission of the 1[infectious or communicable disease] sexually-transmitted infection1 ; and
(d) the person transmits the 1[infectious or communicable disease to another person] sexually-transmitted infection1 .
(2) A failure to take or attempt to take means to prevent the transmission of 1[an infectious or communicable disease] sexually-transmitted infection1 is not by itself sufficient to prove that the person acted with specific intent to transmit the 1[infectious or communicable disease pursuant to] sexually-transmitted infection for the purposes of1 paragraph (1) of this subsection.
(3) This section shall not apply to a woman with 1[an infectious or communicable disease] a sexually-transmitted infection1 who transmits the 1[disease] infection1 to her child prenatally or during childbirth.
b. [A person is guilty of a crime of the third degree who, knowing that he or she is infected with human immune deficiency virus (HIV) or any other related virus identified as a probable causative agent of acquired immune deficiency syndrome (AIDS), commits an act of sexual penetration without the informed consent of the other person.] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)
c. 1[As used in this section:
(1) “Conduct that poses a substantial risk of transmission” means engaging in an act of sexual penetration in a manner that poses a substantial risk of the transmission of an infectious or communicable disease.
(2) “Sexual penetration” has the meaning ascribed to it in subsection c. of N.J.S.2C:14-1.
(3) “Infectious or communicable disease” means a nonairborne disease spread from person to person that is fatal or causes disabling long-term consequences in the absence of treatment and management.
(4) “Means to prevent transmission” means a method, device, behavior, or activity demonstrated scientifically to measurably reduce the risk of transmission of an infectious or communicable disease, including but not limited to the use of a condom, barrier protection, or prophylactic device, or compliance with a medical treatment regiment for the infectious or communicable disease prescribed by a health care professional or physician.
d. (1) All court decisions, orders, petitions, motions, and other documents filed by the parties and the prosecutor shall be redacted to protect the name and other personal identifying information of the complaining witness from public disclosure, unless the complaining witness requests otherwise.
(2) The court shall enter appropriate orders to bar the disclosure of the name or other personal identifying information of the complaining witness by the parties, attorneys, law enforcement, and any other persons, unless the complaining witness requests otherwise.
(3) As used in this subsection, “personal identifying information” means any name, address, or other information that may be used, alone or in conjunction with any other information, to identify a specific individual, and any photographic image, reproduction, or other depiction of a person.
e.]1 (1) The defendant’s medical records, including but not limited to any medications or medical devices prescribed for or used by the defendant, shall not be the sole basis for establishing the specific intent required by subparagraph (b) of paragraph (1) of subsection a. of this section.
(2) No surveillance reports or records maintained by State or local health officials shall be subpoenaed or released for the sole purpose of establishing the specific intent required by subparagraph (b) of paragraph (1) of subsection a. of this section.
(3) The defendant may submit medical evidence to show the absence of the specific intent required by subparagraph (b) of paragraph (1) of subsection a. of this section.
1[f. Nothing in this section shall be deemed to preclude an indictment and conviction for any other offense.]
d. All records shall be confidential and shall not be made available to any individual or institution except as otherwise provided by law.
e. As used in this section:
“Means to prevent transmission” means a method, device, behavior, or activity demonstrated scientifically to measurably reduce the risk of transmission of a sexually-transmitted infection through an act of sexual penetration, including, but not limited to, the use of a condom, barrier protection, or prophylactic device, or compliance with a medical treatment regimen prescribed by a licensed health care professional that prevents or measurably reduces the risk of transmitting the sexually-transmitted infection to another person through an act of sexual penetration.
“Sexual penetration” means the same as that term is defined in subsection c. of N.J.S.2C:14-1.
“Sexually-transmitted infection” means any communicable or infectious disease that may be readily transmitted by an act of sexual penetration in the absence of the use of an appropriate means to prevent transmission of the sexually-transmitted infection.1
(cf: P.L.1997, c.201, s.1)
2. This act shall take effect on the 60th day following enactment.