AN ACT to amend Tennessee Code Annotated, Title 39, relative to criminal offenses.
Summary
SB0813 revises Tennessee’s criminal law on HIV exposure. Under current law, criminal exposure of another to HIV is addressed in Tennessee Code Annotated § 39-13-109. This bill keeps the offense as a Class B misdemeanor when a person exposes another to HIV, but adds a new higher-penalty category: if the exposure results in transmission of HIV to another person, the offense becomes a Class C felony.
The bill is limited to Title 39 criminal offenses and does not create a new regulatory scheme. Instead, it amends the existing HIV exposure statute to distinguish between exposure alone and exposure that actually leads to transmission, with the latter carrying a more serious criminal consequence. The act is scheduled to take effect on July 1, 2025.
Impact
SB0813 would amend Tennessee Code Annotated § 39-13-109(e)(1) to increase the penalty for HIV-related conduct when transmission occurs, moving that conduct from misdemeanor treatment to a Class C felony. The practical effect is to expand criminal liability and sentencing exposure for individuals accused of exposing another person to HIV and causing transmission, while leaving non-transmitting exposure as a Class B misdemeanor. The bill affects defendants charged under the HIV exposure statute, prosecutors, and courts applying Title 39.
Sentiment
No committee transcripts or recorded votes were provided, so there is no documented debate or vote history to indicate support or opposition. Based on the text alone, the bill appears to reflect a punitive approach to HIV exposure by creating a more serious felony offense when transmission occurs. Because there is no discussion record, the overall sentiment cannot be reliably characterized beyond the bill’s clear intent to strengthen criminal penalties.
Contention
The main point of potential contention is the bill’s decision to criminalize HIV transmission more severely than exposure alone. Supporters may view the felony enhancement as a way to deter harmful conduct and recognize the seriousness of transmission, while critics may argue that HIV-specific criminal penalties can be stigmatizing, may discourage testing or disclosure, and may not align with modern public health approaches. No specific legislators, witnesses, or committee members were identified in the provided materials.