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Committee narrows HIV‑exposure law to align with modern science, reports bill favorably

Committee for the Administration of Criminal Justice · April 8, 2026

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Summary

HB 8‑08 was amended to require a substantial likelihood of transmission for intentional exposure to HIV and to allow medical-treatment and viral‑suppression defenses; clinicians and people living with HIV supported the technical clarifications, and the committee reported the bill favorably.

The committee adopted an amendment package and voted to report House Bill 8‑08 favorably after testimony from clinicians, public-health advocates and people living with HIV supporting updated statutory language.

Representative McMahon said HB 8‑08 preserves the existing framework criminalizing intentional exposure while narrowing the statute to apply only where conduct creates a substantial likelihood of transmission, based on current medical evidence. Amendment Set 31‑57 clarified the offense name (from "intentional transmission" to "intentional exposure"), removed a specific‑intent requirement, and refined procedures for introducing medical evidence and affirmative defenses.

Dr. Basold Butler, who described nearly 20 years of clinical experience treating HIV, told the committee that modern medicine has shown specific transmission pathways and that some prior criminalization brought people into the justice system for conduct the science shows cannot transmit HIV. Robert Smith, who described his own diagnosis and later viral suppression, urged that the law reflect current treatment realities.

Support from public-health organizations and the Louisiana District Attorneys Association was recorded in the committee file. After adopting the amendment package, the committee reported HB 8‑08 as amended favorably by voice vote.