HOUSE DOCKET, NO. 2418        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1398


The Commonwealth of Massachusetts



Bradley H. Jones, Jr.


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the deliberate spread of contagious diseases.






Bradley H. Jones, Jr.

20th Middlesex

Bradford R. Hill

4th Essex

Elizabeth A. Poirier

14th Bristol

Susan Williams Gifford

2nd Plymouth

Todd M. Smola

1st Hampden

Paul K. Frost

7th Worcester

F. Jay Barrows

1st Bristol

Sheila C. Harrington

1st Middlesex

Shawn Dooley

9th Norfolk

Steven S. Howitt

4th Bristol

Kimberly N. Ferguson

1st Worcester

Nicholas A. Boldyga

3rd Hampden

HOUSE DOCKET, NO. 2418        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1398

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 1398) of Bradley H. Jones, Jr., and others relative to the deliberate spread of contagious diseases.  The Judiciary.


SEE HOUSE, NO. 1398 OF 2013-2014.]


The Commonwealth of Massachusetts



In the One Hundred and Eighty-Ninth General Court



An Act relative to the deliberate spread of contagious diseases.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Chapter 265 of the General Laws is hereby amended by inserting after section 58 the following new section:—

Section 59. (a) No person who is or has been afflicted with acquired immunodeficiency syndrome (AIDS), AIDS related complexities (ARC), or other manifestations of human immunodeficiency virus (HIV) infection, so called, shall engage in one or more of the following activities:

(1) Knowingly engaging in sexual intercourse without first informing the partner of his infection;

(2) Knowingly committing an act of prostitution with another person;

(3) Knowingly selling or donating blood, blood products, semen, tissue, organs, and other bodily fluids;

(4) Knowingly sharing with another person a hypodermic needle or syringe without first informing the person that the syringe has been used by a person infected with HIV.

A violation of this section shall be punished by imprisonment in state prison for a period of no less than five years and no more than 15 years, or by a fine of no less than $5,000 and no more than $15,000, or both.

(b) Any person who is convicted of violating section 22, 22A, 22B, 22C, or 23 of this chapter and is afflicted with AIDS, ARC, or other manifestations of HIV infection at the time of the crime may be subject to an increase of five years to the term of imprisonment.