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HOUSE DOCKET, NO. 2239        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2205


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

Donald F. Humason, Jr.

4th Hampden

Sheila C. Harrington

1st Middlesex

Angelo L. D'Emilia

8th Plymouth

F. Jay Barrows

1st Bristol

Susan Williams Gifford

2nd Plymouth

George T. Ross

2nd Bristol

Todd M. Smola

1st Hampden

Paul K. Frost

7th Worcester

George N. Peterson, Jr.

9th Worcester

Elizabeth A. Poirier

14th Bristol

Viriato Manuel deMacedo

1st Plymouth

HOUSE DOCKET, NO. 2239        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2205

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 2205) of Bradley H. Jones, Jr., and others relative to the deliberate spread of contagious diseases.  The Judiciary. 


SEE HOUSE, NO. 1427 OF 2009-2010.]


The Commonwealth of Massachusetts



In the Year Two Thousand Eleven



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 appearing in the 2008 Official Edition, is hereby amended by inserting after section 47 the following new section:—

              Section 48. (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 nor more than 15 years or by a fine of no less than $5000 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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