The substitute also amends the prostitution statutes. Under current law, the exposure to HIV must deliberately create a grave and unjustifiable risk of infecting another person with the disease. Another person provides corroborated evidence of sexual contact with the HIV infected person after a diagnosis of an HIV status. It is a Class C felony if the HIV infected person is 21 years of age and infects a person less than 17. The substitute defines prostitution-related offense and persistent prostitution offender.
Any person convicted as a persistent prostitution offender is guilty of a class D felony.
The substitute also requires any person arrested for prostitution to undergo HIV testing. As part of the sentencing procedure, a judge may order drug and alcohol abuse treatment to any person convicted of or pleading guilty to prostitution. Upon successful completion of the treatment, by the offender, the court will withdraw the guilty plea or reverse the verdict and enter a judgment of not guilty. Under current law, the act of prostitution is a class B misdemeanor. Supporters say that the legislation will help fight the spread of the HIV disease.