AN ACT to amend Tennessee Code Annotated, Title 39, relative to criminal offenses.
Summary
HB1106 amends Tennessee’s criminal code provisions on HIV-related offenses. Under current law, criminal exposure of another to HIV is addressed in Tennessee Code Annotated, Section 39-13-109; this bill keeps criminal exposure of another to HIV as a Class B misdemeanor, but adds a new provision making it a Class C felony if the person actually transmitted HIV to another person.
The bill is set to take effect on July 1, 2025. In practical terms, it would create a more serious penalty tier for cases involving transmission, while preserving the existing misdemeanor classification for exposure without transmission. The measure is framed as a criminal offense bill and would affect individuals prosecuted under Tennessee’s HIV exposure statute, as well as prosecutors and courts applying that statute.
Impact
HB1106 would amend Tennessee Code Annotated, Title 39, by revising the penalty structure for HIV-related criminal conduct in Section 39-13-109(e)(1). It preserves the Class B misdemeanor classification for criminal exposure of another to HIV and creates a new Class C felony offense when HIV is actually transmitted to another person. This would increase potential criminal liability and sentencing exposure in transmission cases while leaving the exposure offense itself at misdemeanor level.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the text alone, the bill appears to take a punitive approach by adding a felony penalty for transmission, but the legislative sentiment cannot be reliably characterized beyond the bill’s stated criminal-enforcement purpose.
Contention
The main point of contention likely concerns whether actual HIV transmission should be treated as a felony and whether the statute appropriately distinguishes between exposure and transmission. Potential supporters may view the bill as strengthening accountability for intentional or harmful conduct, while opponents may argue that HIV-specific criminal penalties can be overly punitive, stigmatizing, or inconsistent with modern public health approaches. No named legislators, witnesses, or recorded objections are available in the provided materials.