Gov. Jerry Brown signed a bill Friday that lowers from a felony to a misdemeanor the crime of knowingly exposing a sexual partner to HIV without disclosing the infection.
The measure also applies to those who give blood without telling the blood bank that they are HIV-positive.
Modern medicine allows those with HIV to live longer lives and nearly eliminates the possibility of transmission, according to state Sen. Scott Wiener (D-San Francisco) and Assemblyman Todd Gloria (D-San Diego), authors of the bill.
“Today California took a major step toward treating HIV as a public health issue, instead of treating people living with HIV as criminals,” Wiener said in a statement. “HIV should be treated like all other serious infectious diseases, and that’s what SB 239 does.”
Supporters of the change said the current law requires an intent to transmit HIV to justify a felony, but others noted cases have been prosecuted where there was no physical contact, so there was an argument intent was lacking.
Brown declined to comment on his action.
HIV has been the only communicable disease for which exposure is a felony under California law. The current law, Wiener argued, may convince people not to be tested for HIV, because without a test they cannot be charged with a felony if they expose a partner to the infection.
“We are going to end new HIV infections, and we will do so not by threatening people with state prison time, but rather by getting people to test and providing them access to care,” Wiener said.
Supporters of the bill said women engaging in prostitution are disproportionately targeted with criminal charges, even in cases where the infection is not transmitted.
Republican lawmakers including Sen. Joel Anderson of Alpine voted against the bill, arguing it puts the public at risk.
“I’m of the mind that if you purposefully inflict another with a disease that alters their lifestyle the rest of their life, puts them on a regimen of medications to maintain any kind of normalcy, it should be a felony,” Anderson said during the floor debate. “It’s absolutely crazy to me that we should go light on this.”
Anderson said the answer could be to extend tougher penalties to those who expose others to other infectious diseases.
Just, wow
- tlynn78
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Just, wow
To argue with a person who has renounced the use of reason is like administering medicine to the dead. -Thomas Paine
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Those who can make you believe absurdities, can make you commit atrocities. -Voltaire
You can ignore reality, but you can't ignore the consequences of ignoring reality. -Ayn Rand
Those who can make you believe absurdities, can make you commit atrocities. -Voltaire
- jarnon
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Re: Just, wow
Makes sense. The law singled out a disease prevalent among gay men and minorities, but not more infectious diseases that mostly white people have. It's like punishing crack cocaine use more severely than powdered cocaine. The most blatant cases can still be prosecuted as assaults.
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- BackInTex
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Re: Just, wow
Wow, just wow.jarnon wrote:Makes sense. The law singled out a disease prevalent among gay men and minorities, but not more infectious diseases that mostly white people have. It's like punishing crack cocaine use more severely than powdered cocaine. The most blatant cases can still be prosecuted as assaults.
..what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? let them take arms.
~~ Thomas Jefferson
War is where the government tells you who the bad guy is.
Revolution is when you decide that for yourself.
-- Benjamin Franklin (maybe)
~~ Thomas Jefferson
War is where the government tells you who the bad guy is.
Revolution is when you decide that for yourself.
-- Benjamin Franklin (maybe)
- tlynn78
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Re: Just, wow
Right? Any everyone who wants one gets a unicorn.BackInTex wrote:Wow, just wow.jarnon wrote:Makes sense. The law singled out a disease prevalent among gay men and minorities, but not more infectious diseases that mostly white people have. It's like punishing crack cocaine use more severely than powdered cocaine. The most blatant cases can still be prosecuted as assaults.
To argue with a person who has renounced the use of reason is like administering medicine to the dead. -Thomas Paine
You can ignore reality, but you can't ignore the consequences of ignoring reality. -Ayn Rand
Those who can make you believe absurdities, can make you commit atrocities. -Voltaire
You can ignore reality, but you can't ignore the consequences of ignoring reality. -Ayn Rand
Those who can make you believe absurdities, can make you commit atrocities. -Voltaire
- Bob Juch
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Re: Just, wow
He did that in October of 2017. Why bring it up now?tlynn78 wrote:Gov. Jerry Brown signed a bill Friday that lowers from a felony to a misdemeanor the crime of knowingly exposing a sexual partner to HIV without disclosing the infection.
The measure also applies to those who give blood without telling the blood bank that they are HIV-positive.
Modern medicine allows those with HIV to live longer lives and nearly eliminates the possibility of transmission, according to state Sen. Scott Wiener (D-San Francisco) and Assemblyman Todd Gloria (D-San Diego), authors of the bill.
“Today California took a major step toward treating HIV as a public health issue, instead of treating people living with HIV as criminals,” Wiener said in a statement. “HIV should be treated like all other serious infectious diseases, and that’s what SB 239 does.”
Supporters of the change said the current law requires an intent to transmit HIV to justify a felony, but others noted cases have been prosecuted where there was no physical contact, so there was an argument intent was lacking.
Brown declined to comment on his action.
HIV has been the only communicable disease for which exposure is a felony under California law. The current law, Wiener argued, may convince people not to be tested for HIV, because without a test they cannot be charged with a felony if they expose a partner to the infection.
“We are going to end new HIV infections, and we will do so not by threatening people with state prison time, but rather by getting people to test and providing them access to care,” Wiener said.
Supporters of the bill said women engaging in prostitution are disproportionately targeted with criminal charges, even in cases where the infection is not transmitted.
Republican lawmakers including Sen. Joel Anderson of Alpine voted against the bill, arguing it puts the public at risk.
“I’m of the mind that if you purposefully inflict another with a disease that alters their lifestyle the rest of their life, puts them on a regimen of medications to maintain any kind of normalcy, it should be a felony,” Anderson said during the floor debate. “It’s absolutely crazy to me that we should go light on this.”
Anderson said the answer could be to extend tougher penalties to those who expose others to other infectious diseases.
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Si fractum non sit, noli id reficere.
Teach a child to be polite and courteous in the home and, when he grows up, he'll never be able to drive in New Jersey.
- Douglas Adams (1952 - 2001)
Si fractum non sit, noli id reficere.
Teach a child to be polite and courteous in the home and, when he grows up, he'll never be able to drive in New Jersey.
- tlynn78
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Re: Just, wow
First I'm hearing about it, for one. My apologies, Bob, didn't realize I needed you to vet things before posting.Bob Juch wrote:He did that in October of 2017. Why bring it up now?tlynn78 wrote:Gov. Jerry Brown signed a bill Friday that lowers from a felony to a misdemeanor the crime of knowingly exposing a sexual partner to HIV without disclosing the infection.
The measure also applies to those who give blood without telling the blood bank that they are HIV-positive.
Modern medicine allows those with HIV to live longer lives and nearly eliminates the possibility of transmission, according to state Sen. Scott Wiener (D-San Francisco) and Assemblyman Todd Gloria (D-San Diego), authors of the bill.
“Today California took a major step toward treating HIV as a public health issue, instead of treating people living with HIV as criminals,” Wiener said in a statement. “HIV should be treated like all other serious infectious diseases, and that’s what SB 239 does.”
Supporters of the change said the current law requires an intent to transmit HIV to justify a felony, but others noted cases have been prosecuted where there was no physical contact, so there was an argument intent was lacking.
Brown declined to comment on his action.
HIV has been the only communicable disease for which exposure is a felony under California law. The current law, Wiener argued, may convince people not to be tested for HIV, because without a test they cannot be charged with a felony if they expose a partner to the infection.
“We are going to end new HIV infections, and we will do so not by threatening people with state prison time, but rather by getting people to test and providing them access to care,” Wiener said.
Supporters of the bill said women engaging in prostitution are disproportionately targeted with criminal charges, even in cases where the infection is not transmitted.
Republican lawmakers including Sen. Joel Anderson of Alpine voted against the bill, arguing it puts the public at risk.
“I’m of the mind that if you purposefully inflict another with a disease that alters their lifestyle the rest of their life, puts them on a regimen of medications to maintain any kind of normalcy, it should be a felony,” Anderson said during the floor debate. “It’s absolutely crazy to me that we should go light on this.”
Anderson said the answer could be to extend tougher penalties to those who expose others to other infectious diseases.
To argue with a person who has renounced the use of reason is like administering medicine to the dead. -Thomas Paine
You can ignore reality, but you can't ignore the consequences of ignoring reality. -Ayn Rand
Those who can make you believe absurdities, can make you commit atrocities. -Voltaire
You can ignore reality, but you can't ignore the consequences of ignoring reality. -Ayn Rand
Those who can make you believe absurdities, can make you commit atrocities. -Voltaire
- BackInTex
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Re: Just, wow
Seems that uninfected gay men and uninfected minorities are being thrown under the bus, or at least are being marginalized. Guess they don't matter.BackInTex wrote:Wow, just wow.jarnon wrote:Makes sense. The law singled out a disease prevalent among gay men and minorities, but not more infectious diseases that mostly white people have. It's like punishing crack cocaine use more severely than powdered cocaine. The most blatant cases can still be prosecuted as assaults.
But hey! [/Oprah]You get some AIDS, and you, and you, and you, too! [/Oprah]
..what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? let them take arms.
~~ Thomas Jefferson
War is where the government tells you who the bad guy is.
Revolution is when you decide that for yourself.
-- Benjamin Franklin (maybe)
~~ Thomas Jefferson
War is where the government tells you who the bad guy is.
Revolution is when you decide that for yourself.
-- Benjamin Franklin (maybe)
- silverscreenselect
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Re: Just, wow
It's good to know that the State of California does one thing every 18 months or so that upsets you.tlynn78 wrote: First I'm hearing about it, for one. My apologies, Bob, didn't realize I needed you to vet things before posting.
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Re: Just, wow
The debate about minority crime is never-ending. Are policies like stop and frisk that target minorities unfair, or do they make minority communities safer? I don't have all the answers. In this case, treating all criminals who intentionally spread diseases the same makes sense to me.BackInTex wrote:Seems that uninfected gay men and uninfected minorities are being thrown under the bus, or at least are being marginalized. Guess they don't matter.BackInTex wrote:Wow, just wow.jarnon wrote:Makes sense. The law singled out a disease prevalent among gay men and minorities, but not more infectious diseases that mostly white people have. It's like punishing crack cocaine use more severely than powdered cocaine. The most blatant cases can still be prosecuted as assaults.
But hey! [/Oprah]You get some AIDS, and you, and you, and you, too! [/Oprah]
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- Bob78164
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Re: Just, wow
She probably won't like this one either. --Bobsilverscreenselect wrote:It's good to know that the State of California does one thing every 18 months or so that upsets you.tlynn78 wrote: First I'm hearing about it, for one. My apologies, Bob, didn't realize I needed you to vet things before posting.
"Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason than that of blindfolded fear." Thomas Jefferson
- BackInTex
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Re: Just, wow
We don't treat criminals who punch people and who shoot people the same. But I do like the Republican's comment about rather than lessening the punishment for spreading AIDs, increase the punishment for other diseases.jarnon wrote:The debate about minority crime is never-ending. Are policies like stop and frisk that target minorities unfair, or do they make minority communities safer? I don't have all the answers. In this case, treating all criminals who intentionally spread diseases the same makes sense to me.BackInTex wrote:Seems that uninfected gay men and uninfected minorities are being thrown under the bus, or at least are being marginalized. Guess they don't matter.BackInTex wrote:
Wow, just wow.
But hey! [/Oprah]You get some AIDS, and you, and you, and you, too! [/Oprah]
..what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? let them take arms.
~~ Thomas Jefferson
War is where the government tells you who the bad guy is.
Revolution is when you decide that for yourself.
-- Benjamin Franklin (maybe)
~~ Thomas Jefferson
War is where the government tells you who the bad guy is.
Revolution is when you decide that for yourself.
-- Benjamin Franklin (maybe)
- BackInTex
- Posts: 12890
- Joined: Mon Oct 08, 2007 12:43 pm
- Location: In Texas of course!
Re: Just, wow
Why should she care if CA wants to give your money to someone?Bob78164 wrote:She probably won't like this one either. --Bobsilverscreenselect wrote:It's good to know that the State of California does one thing every 18 months or so that upsets you.tlynn78 wrote: First I'm hearing about it, for one. My apologies, Bob, didn't realize I needed you to vet things before posting.
..what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? let them take arms.
~~ Thomas Jefferson
War is where the government tells you who the bad guy is.
Revolution is when you decide that for yourself.
-- Benjamin Franklin (maybe)
~~ Thomas Jefferson
War is where the government tells you who the bad guy is.
Revolution is when you decide that for yourself.
-- Benjamin Franklin (maybe)
- jarnon
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Re: Just, wow
Remember that I said "The most blatant cases can still be prosecuted as assaults." There's simple assault, aggravated assault, and even attempted murder, depending on the circumstances. So I don't see any problem with the least serious violations being misdemeanors.BackInTex wrote:We don't treat criminals who punch people and who shoot people the same. But I do like the Republican's comment about rather than lessening the punishment for spreading AIDs, increase the punishment for other diseases.jarnon wrote:The debate about minority crime is never-ending. Are policies like stop and frisk that target minorities unfair, or do they make minority communities safer? I don't have all the answers. In this case, treating all criminals who intentionally spread diseases the same makes sense to me.BackInTex wrote:
Seems that uninfected gay men and uninfected minorities are being thrown under the bus, or at least are being marginalized. Guess they don't matter.
But hey! [/Oprah]You get some AIDS, and you, and you, and you, too! [/Oprah]
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