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HOUSE DOCKET, NO. 2374        FILED ON: 1/17/2013

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

George N. Peterson, Jr.

9th Worcester

Bradford Hill

4th Essex

Elizabeth A. Poirier

14th Bristol

Viriato Manuel deMacedo

1st Plymouth

Donald Humason


Sheila C. Harrington

1st Middlesex

Nicholas A. Boldyga

3rd Hampden

Kimberly N. Ferguson

1st Worcester

Daniel B. Winslow

9th Norfolk

Todd M. Smola

1st Hampden

Kevin J. Kuros

8th Worcester

Matthew A. Beaton

11th Worcester

HOUSE DOCKET, NO. 2374        FILED ON: 1/17/2013

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. 2205 OF 2011-2012.]


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



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, as most recently amended by chapter 178 of the acts of 2011, is hereby amended by inserting after section 57 the following new section:—

              Section 58. (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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