California’s insane new HIV/AIDS law

California’s Governor has once again taken my home state to where no other state has ever gone before.  Jerry Brown signed into law a bill that reduces the penalty for purposefully exposing someone to HIV—the virus that leads to the deadly illness known as AIDS—to that of a misdemeanor.

You didn’t misread that first paragraph.  My state has gone insane.

Prior to signing the law if someone who knew they had HIV (or full-blown AIDS) had a sexual encounter without informing their partner that they carried the infirmity they could have been charged with a felony and sentenced up to eight years in prison if the partner contracted the disease.

Not anymore.

By the way, the new misdemeanor charge also includes those who donate blood without informing healthcare workers about their HIV/AIDS status.  Intentional transmission of any other communicable disease, even a potentially deadly condition like hepatitis, is also a misdemeanor.

“Today California took a major step toward treating HIV as a public health issue, instead of treating people living with HIV as criminals,” Scott Wiener, Democratic State Senator from San Francisco, told the Los Angeles Times. “It’s time for California to lead and to repeal these laws to send a clear signal that we are going to take a science-based approach to HIV, not a fear-based approach.”

Wiener also told the home of fake news, CNN, “The most effective way to reduce HIV infections is to de-stigmatize HIV.”

Note to Wiener: anyone who knowing transfers a sickness like HIV to another person is not just a criminal but an evil, depraved, sub-human being.  Additionally, strict laws with significant penalties help deter crime.  Your junk science-based idiotic legislation will only encourage reprobate behavior and potentially kill people.

Republican State Senator Joel Anderson voted against the bill, saying, “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.”

The California legislature passed the new law, SB 239, in September.  The previous law punished people who intentionally exposed or infected others with HIV by up to eight years in prison. The new legislation will lower jail time to a maximum of six months.


Brian Sussman

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  1. Maureen says

    Brian, I thank you for keeping us informed all over the USA. You have by far the best Morning Show ever! Thanks to you three for being so real, I love it!! The Morning Show On KSFO rocks! #HangingUpOnMyself lol!

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