Health

Opinion: Legislature Reduces Penalties for Intentionally Infecting Someone with HIV/AIDS

Published

7 years ago

January 3, 2018

By Jerome Horton

Having sex with a person with the specific intent of infecting them with the HIV/AIDS virus is a felony punishable by imprisonment for 3, 5, or 8 years.

At least that was the case until this year, when the California legislature reduced the penalty for intentionally exposing someone to HIV without telling them, or for deliberatively donating blood contaminated with the HIV/AIDS virus, from a felony to a misdemeanor punishable by county jail time of not more than six months.

However, under California Penal Code Section 502(c) a person can be fined up to $10,000 and/or sentenced to state prison for up to three years for intentionally contaminating a computer with a virus. Go figure!

As recently as 2015, California was 2nd in the U.S. in annual HIV infections, according to the California Department of Public Health. Thankfully, California is making progress in its fight against HIV and AIDS and the number of new infections is declining.

Equally significant, every drop of blood donated in the United States (U.S.) since 1985 has been tested for HIV, according to the American Red Cross. The last known case of someone contracting HIV from a blood transfusion in the U.S. was in 2008, according to the Center for Disease and Control Prevention.

Studies show that decriminalizing the act of intentionally donating HIV-infected blood may actually increase the occurrence. According to the Food and Drug Administration (FDA), the success in reducing the incidence of donated blood being infected with HIV is attributable in part to the ban on collecting blood from certain people.

Further, according to FDA, there would be greater risk involved with relying solely on the testing system to prevent transmission, suggesting that without the donor ban an additional 31 units of HIV infected blood would slip past the screening annually, potentially exposing as many as 54 people.

Supporters of the legislation have argued the opposite: that criminalizing the act of intentionally, deliberatively, and purposefully donating infected blood would increase the risk of the infection through donated blood.

The primary concern about HIV-positive blood entering the donor system is the lag between when a person becomes infected and when the infection is detectable, which is what scientists refer to as the “window period.”

Proponents of the legislation also suggest that as of 2017, laws that criminalize infecting someone with HIV are not based on modern scientific data, as the Center for Disease Control and Prevention states that those persons who are treating the virus with medication decrease their chance of transmitting the virus by over 95 percent.

According to the Joint United Nations Program on HIV/AIDS (UNAIDS), the U.S. has a concentrated HIV epidemic, primarily among men who have sex with men (MSM) and injection drug users, and it has greatly affected the economically disadvantaged in many urban areas.

Indicative of this impact, the cost of HIV/AIDS medication can range from $2,000 to $5,000, which is especially challenging for poor to middle-income Californians.

Thus, the reason many argue that the recently signed legislation is inherently discriminatory is because if a person intentionally, purposely, and deliberatively infects a low- to middle-income person who cannot afford the cost of the medicine, the victim will effectively get a death sentence while the perpetrator of the crime only gets up to six months in jail without required restitution.

This article is dedicated to my surrogate brother, Tony, who died from the AIDS virus.

Board of Equalization Member Jerome Horton has over 37 years of public and tax policy experience, serving as a member of the Inglewood City Council, State Legislature, California Medical Commission, California Cultural Endowment and Workforce Investment Board and as the 1st African American elected to the California State Board of Equalization.

Oakland Post

Posts by Oakland Post

Up Next

Opinion: The Rule of the American Optimates

Don't Miss

Infection Lapses Rampant in Nursing Homes But Punishment Is Rare

Oakland Post

Click to comment

Activism

LIVE! — TOWN HALL ON RACISM AND ITS IMPACT — THURS. 11.14.24 5PM PST

Join us for a LIVE Virtual Town Hall on the Impact of Racism hosted by Post News Group Journalist Carla Thomas and featuring Oakland, CA NAACP President Cynthia Adams & other Special Guests.
Thursday, November 14, 2024, 5 p.m. – 6:30 p.m. PST

Published

5 days ago

November 12, 2024

Oakland Post

Discussion Topics:
• Since the pandemic, what battles have the NAACP fought nationally, and how have they impacted us locally?
• What trends are you seeing concerning Racism? Is it more covert or overt?
• What are the top 5 issues resulting from racism in our communities?
• How do racial and other types of discrimination impact local communities?
• What are the most effective ways our community can combat racism and hate?

Your questions and comments will be shared LIVE with the moderators and viewers during the broadcast.

STREAMED LIVE!
FACEBOOK: facebook.com/PostNewsGroup
YOUTUBE: youtube.com/blackpressusatv
X: twitter.com/blackpressusa

Oakland Post

Posts by Oakland Post

Activism

NAACP California-Hawaii State Convention Highlights Black Voter Engagement, and More

A Friday panel featuring NAACP Chairman Leon W. Russell and Regina Wilson, Executive Director of California Black Media, examined Project 2025, an initiative perceived as a potential threat to civil rights, healthcare access, and environmental protection. This session emphasized Project 2025’s projected impact on Black communities, noting that policies within the initiative could diminish gains in civil and environmental rights over decades. Russell and Wilson highlighted the need for vigilant monitoring and community mobilization to address these challenges.

Published

2 weeks ago

November 4, 2024

Oakland Post

NAACP State Conference President Rick Callender (right) engages in a discussion on voter engagement and community advocacy with NAACP President and CEO Derrick Johnson during the 37th NAACP California-Hawaii State Convention in Los Angeles. Photo by Rich Woods.

By Bo Tefu, California Black Media

The 37th NAACP California-Hawaii State Convention concluded on Sunday, Oct 27, following four days of discussions and workshops at the Los Angeles Airport Marriott. Bringing together civil rights leaders, policymakers, and advocates from California and Hawaii, the convention operated under the theme “All In.” The participants discussed critical issues impacting Black communities, including criminal justice reform, health equity, economic empowerment, education, environmental justice, and voting rights.

On Saturday, the President’s Fireside Chat brought together NAACP President Derrick Johnson and CA/HI State Conference President Rick Callender, who discussed the urgency of voter engagement and community advocacy.

Guest speakers included Congresswoman Maxine Waters (D-CA-43), who spoke at the Women in NAACP (WIN) Labor Luncheon about the intersection of labor rights and civil rights. California State Superintendent Tony Thurmond delivered remarks at the Leadership Dinner on education equity, focusing on policies to ensure all students have access to high-quality education.

Honors were given to longtime social justice advocate and former Assemblymember Mike Davis for his work in community activism. At the same time, actor and activist Danny Glover and the Rev. Dr. Amos C. Brown received the 2024 Legacy Hall of Fame Awards, recognizing their lifelong commitments to advancing civil rights.

The convention also offered practical workshops, including “What’s On Your Ballot?,” where coalition leaders provided analyses of California propositions, explaining their potential impacts on community rights and resources. The Voter Turnout Workshop provided background and encouraged participants to promote voter turnout through community-centered outreach strategies.

Sunday’s events closed with a Prayer and Memorial Breakfast honoring the contributions of past and current civil rights leaders.

Oakland Post

Posts by Oakland Post

Activism

Atty Gen Bonta: U.S. Law Mandating Emergency Care to All Patients Faces Threats

The attorney general highlighted that EMTALA is vital for ensuring that no individual is turned away from emergency services based on financial status or insurance coverage. Bonta stated that the law has been a cornerstone of emergency healthcare for decades, providing peace of mind to millions of Americans who might otherwise hesitate to seek urgent medical attention due to cost concerns.

Published

2 weeks ago

November 3, 2024

Oakland Post

iStock

By Bo Tefu, California Black Media

California Attorney General Rob Bonta emphasized the critical need to protect the Emergency Medical Treatment and Labor Act (EMTALA), mandating that hospitals provide emergency care to all patients regardless of their ability to pay.

In a recent statement, Bonta highlighted the potential threats to this essential legislation amid ongoing discussions about healthcare accessibility in the U.S.

“EMTALA ensures that no one is denied access to emergency medical care, including abortion care, and this federal law is more imperative than ever following the overturn of Roe v. Wade,” said Bonta.

This decision to support the federal government’s case comes at a time when many healthcare providers are facing pressure from rising costs and legislative changes that could undermine existing protections. Bonta called on lawmakers to reinforce EMTALA’s provisions and to combat any efforts aimed at weakening the act, asserting that equitable access to emergency care is a fundamental right.

He urged state and federal governments to ensure that all Americans, particularly marginalized communities, have the necessary access to emergency services without fear of financial repercussions. The brief indicates the coalition’s commitment to healthcare equity, emphasizing that maintaining strong protections under EMTALA is crucial for safeguarding public health.

As discussions around healthcare policy continue, Bonta remains steadfast in promoting initiatives that protect emergency care access, asserting that everyone deserves timely and appropriate medical treatment in emergencies. His efforts align with ongoing legal and advocacy battles to preserve the rights established by EMTALA in the face of evolving healthcare challenges.