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.
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