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LouisianaHB 8082026 Regular SessionHouse

CRIME/SEX OFFENSES: Provides relative to the intentional exposure to HIV (EN NO IMPACT See Note)

Sponsored By: Wayne McMahen (Republican)

Signed by Governor

Judiciary CAdministration of Criminal Justice

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

HIV defendants get defenses, notice rules

Defendants facing Louisiana HIV-exposure charges have four defenses, which they must prove are more likely true than not. One applies when the other person knew their HIV status, understood the transmission risk, and consented. Another applies when exposure followed a licensed doctor's advice that the defendant was noninfectious and the defendant disclosed their status. A third covers status disclosure plus provider-advised prevention steps, or healthcare providers following accepted infection-control procedures. A fourth covers disclosure of HIV medical care plus a viral load that medical standards recognize as effectively eliminating sexual transmission risk. For a medical-condition or treatment defense, defendants must notify the district attorney in writing and file a copy with the clerk. The deadline is at least 10 days before trial, unless the court allows another time. Without notice, the court can exclude related documents or testimony; it can also seal records, and Article 725 requirements still apply.

Louisiana limits HIV charges, keeps penalties

Louisiana limits intentional HIV-exposure charges to people who know they have HIV and create a substantial transmission risk. Covered acts include sexual contact, shared needles or syringes, and other contact involving blood, semen, or vaginal fluid. Accepted medical and scientific standards must recognize a significant risk; negligible, theoretical, or medically unrecognized risks do not count. The general offense carries a fine up to $5,000, up to 10 years in prison, or both. A separate offense applies when the person reasonably believes the victim is a first responder performing official duties. That offense carries a fine up to $6,000, up to 11 years in prison, or both.

Sponsors & Cosponsors

Sponsor

  • Wayne McMahen

    Republican • House

Cosponsors

  • Mandie Landry

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 142 • No: 0

Senate vote • 5/12/2026

Rules suspended. Read by title, passed by a vote of 35 yeas and 0 nays, and ordered returned to the House. Motion to reconsider tabled.

Yes: 35 • No: 0

House vote • 4/14/2026

Read third time by title, amended, roll called on final passage, yeas 99, nays 0. Finally passed, title adopted, ordered to the Senate.

Yes: 99 • No: 0

House vote • 4/8/2026

Reported with amendments

Yes: 8 • No: 0

Actions Timeline

  1. Signed by the Governor. Becomes Act No. 177.

    5/15/2026House

  2. Effective date: 08/01/2026.

    5/15/2026House

  3. Signed by the President of the Senate.

    5/14/2026Senate

  4. Sent to the Governor for executive approval.

    5/14/2026House

  5. Received from the Senate without amendments.

    5/13/2026House

  6. Enrolled and signed by the Speaker of the House.

    5/13/2026House

  7. Rules suspended. Read by title, passed by a vote of 35 yeas and 0 nays, and ordered returned to the House. Motion to reconsider tabled.

    5/12/2026Senate

  8. Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.

    5/4/2026Senate

  9. Read by title and referred to the Legislative Bureau.

    4/29/2026Senate

  10. Reported favorably.

    4/28/2026Senate

  11. Read second time by title and referred to the Committee on Judiciary C.

    4/20/2026Senate

  12. Received in the Senate. Read first time by title and placed on the Calendar for a second reading.

    4/15/2026Senate

  13. Read third time by title, amended, roll called on final passage, yeas 99, nays 0. Finally passed, title adopted, ordered to the Senate.

    4/14/2026House

  14. Scheduled for floor debate on 04/14/2026.

    4/13/2026House

  15. Read by title, amended, ordered engrossed, passed to 3rd reading.

    4/9/2026House

  16. Reported with amendments (8-0).

    4/8/2026House

  17. Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.

    3/9/2026House

  18. Prefiled.

    2/27/2026House

  19. Under the rules, provisionally referred to the Committee on Administration of Criminal Justice.

    2/27/2026House

  20. First appeared in the Interim Calendar on 2/27/2026.

    2/27/2026House

Bill Text

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