Sexually transmitted infections; infected sexual battery, penalty. (SB1138)

Introduced By

Sen. Mamie Locke (D-Hampton) with support from co-patrons Del. Betsy Carr (D-Richmond), Sen. Jennifer McClellan (D-Richmond), and Sen. Scott Surovell (D-Mount Vernon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Sexually transmitted infections; infected sexual battery; penalties. Provides that any person who is diagnosed with a sexually transmitted infection and engages in sexual behavior that poses a substantial risk of transmission to another person with the intent to transmit the infection to that person and transmits such infection to that person is guilty of infected sexual battery, punishable as a Class 6 felony. The bill also repeals the crime of donating or selling blood, body fluids, organs, and tissues by persons infected with human immunodeficiency virus and the provisions regarding the testing of certain persons for human immunodeficiency virus or hepatitis B or C viruses. The bill contains technical amendments. Read the Bill »


03/31/2021: signed by governor


01/03/2021Prefiled and ordered printed; offered 01/13/21 21101066D
01/03/2021Introduced bill reprinted 21101066D
01/03/2021Referred to Committee on the Judiciary
01/18/2021Impact statement from DPB (SB1138)
01/27/2021Reported from Judiciary (7-Y 5-N 2-A) (see vote tally)
01/29/2021Constitutional reading dispensed (35-Y 0-N) (see vote tally)
02/01/2021Passed by for the day
02/02/2021Senate committee, floor amendments and substitutes offered
02/02/2021Read second time
02/02/2021Reading of amendment waived
02/02/2021Amendment by Senator McClellan agreed to
02/02/2021Engrossed by Senate as amended SB1138E
02/02/2021Printed as engrossed 21101066D-E
02/03/2021Impact statement from DPB (SB1138E)
02/03/2021Passed by for the day
02/04/2021Passed by for the day
02/05/2021Senate committee, floor amendments and substitutes offered
02/05/2021Floor substitute printed 21104447D-S1 (McClellan)
02/05/2021Engrossment reconsidered by Senate (36-Y 0-N) (see vote tally)
02/05/2021Amendment by Senator McCLellan reconsidered (37-Y 0-N) (see vote tally)
02/05/2021Amendment by Senator McCLellan rejected
02/05/2021Reading of substitute waived
02/05/2021Substitute by Senator McCLellan agreed to 21104447D-S1
02/05/2021Engrossed by Senate - floor substitute SB1138S1
02/05/2021Constitutional reading dispensed (37-Y 0-N) (see vote tally)
02/05/2021Passed by temporarily
02/05/2021Passed Senate (21-Y 17-N) (see vote tally)
02/07/2021Placed on Calendar
02/07/2021Read first time
02/07/2021Referred to Committee for Courts of Justice
02/08/2021Continued to Special Session 1 in Courts of Justice
02/09/2021Assigned Courts sub: Criminal
02/10/2021Impact statement from DPB (SB1138S1)
02/10/2021Subcommittee recommends reporting with amendments (6-Y 1-N)
02/12/2021Reported from Courts of Justice with amendment(s) (14-Y 8-N) (see vote tally)
02/16/2021Read second time
02/17/2021Passed by for the day
02/18/2021Passed by for the day
02/19/2021Read third time
02/19/2021Passed by temporarily
02/19/2021Committee amendments agreed to
02/19/2021Amendment by Delegate Roem agreed to
02/19/2021Engrossed by House as amended
02/19/2021Passed House with amendments (56-Y 44-N)
02/19/2021VOTE: Passage (56-Y 44-N)
02/23/2021House amendments rejected by Senate (2-Y 37-N)
02/24/2021House insisted on amendments
02/24/2021House requested conference committee
02/25/2021Senate acceded to request (39-Y 0-N)
02/25/2021Conferees appointed by Senate
02/25/2021Senators: Locke, McClellan, Surovell
02/25/2021Conferees appointed by House
02/25/2021Delegates: Watts, Roem, Hodges
02/27/2021C Amended by conference committee
02/27/2021Conference report agreed to by House (55-Y 44-N)_
02/27/2021VOTE: Agreed To (55-Y 44-N)
02/27/2021Conference report agreed to by Senate (23-Y 16-N)
03/09/2021Bill text as passed Senate and House (SB1138ER)
03/09/2021Signed by President
03/10/2021Impact statement from DPB (SB1138ER)
03/11/2021Signed by Speaker
03/15/2021Enrolled Bill Communicated to Governor on March 15, 2021
03/15/2021G Governor's Action Deadline 11:59 p.m., March 31, 2021
03/31/2021G Approved by Governor-Chapter 465 (effective 7/1/21)
03/31/2021G Acts of Assembly Chapter text (CHAP0465)