2007 California Health and Safety Code Chapter 4. Violations

CA Codes (hsc:120275-120305)

120275.  Any person who, after notice, violates, or who, upon the
demand of any health officer, refuses or neglects to conform to, any
rule, order, or regulation prescribed by the department respecting a
quarantine or disinfection of persons, animals, things, or places, is
guilty of a misdemeanor.


120280.  Inasmuch as the orders provided for by Section 121365 are
for the protection of the public health, any person who, after
service upon him or her of an order of a local health officer as
provided in Section 121365 violates or fails to comply with the
order, is guilty of a misdemeanor.  Upon conviction thereof, in
addition to any and all other penalties that may be imposed by law
upon the conviction, the person may be ordered by the court confined
until the order of the local health officer shall have been fully
complied with or terminated by the local health officer, but not
exceeding one year from the date of passing judgment upon the
conviction, further, the court, upon suitable assurances that the
order of the local health officer will be complied with, may place
any person convicted of a violation of the order of the local health
officer upon probation for a period not to exceed two years, upon
condition that the order of the local health officer be fully
complied with, further, upon any subsequent violation of the order of
the local health officer, the probation shall be terminated and
confinement as provided for in this section shall be ordered by the
court.  Confinement may be accomplished by placement in any
appropriate facility, penal institution, or dwelling approved for the
specific case by the local health officer.


120285.  Upon any subsequent conviction under the provisions of
Section 120280, the court may order the person confined for a period
not exceeding one year for the subsequent conviction, or other
penalty as provided by that section.


120290.  Except as provided in Section 120291 or in the case of the
removal of an afflicted person in a manner the least dangerous to the
public health, any person afflicted with any contagious, infectious,
or communicable disease who willfully exposes himself or herself to
another person, and any person who willfully exposes another person
afflicted with the disease to someone else, is guilty of a
misdemeanor.



120291.  (a) Any person who exposes another to the human
immunodeficiency virus (HIV) by engaging in unprotected sexual
activity when the infected person knows at the time of the
unprotected sex that he or she is infected with HIV, has not
disclosed his or her HIV-positive status, and acts with the specific
intent to infect the other person with HIV, is guilty of a felony
punishable by imprisonment in the state prison for three, five, or
eight years.  Evidence that the person had knowledge of his or her
HIV-positive status, without additional evidence, shall not be
sufficient to prove specific intent.
   (b) As used in this section, the following definitions shall
apply:
   (1) "Sexual activity" means insertive vaginal or anal intercourse
on the part of an infected male, receptive consensual vaginal
intercourse on the part of an infected woman with a male partner, or
receptive consensual anal intercourse on the part of an infected man
or woman with a male partner.
   (2) "Unprotected sexual activity" means sexual activity without
the use of a condom.
   (c) (1) When alleging a violation of subdivision (a), the
prosecuting attorney or grand jury shall substitute a pseudonym for
the true name of the victim involved.  The actual name and other
identifying characteristics of the victim shall be revealed to the
court only in camera, and the court shall seal that information from
further revelation, except to defense counsel as part of discovery.
   (2) All court decisions, orders, petitions, and other documents,
including motions and papers filed by the parties, shall be worded so
as to protect the name or other identifying characteristics of the
victim from public revelation.
   (3) Unless the victim requests otherwise, a court in which a
violation of this section is filed shall, at the first opportunity,
issue an order that the parties, their counsel and other agents,
court staff, and all other persons subject to the jurisdiction of the
court shall make no public revelation of the name or any other
identifying characteristics of the victim.
   (4) As used in this subdivision, "identifying characteristics"
includes, but is not limited to, name or any part thereof, address or
any part thereof, city or unincorporated area of residence, age,
marital status, relationship to defendant, and race or ethnic
background.


120292.  (a) Notwithstanding Chapter 7 (commencing with Section
120975) and Chapter 8 (commencing with Section 121025) of Part 4,
identifying information and other records of the diagnosis,
prognosis, testing, or treatment of any person relating to the human
immunodeficiency virus (HIV) shall be disclosed in a criminal
investigation for a violation of Section 120291 if authorized by an
order of a court of competent jurisdiction granted after application
showing good cause therefor.  Any order of the court shall be issued
in accordance with the following conditions:
   (1) An order shall not be based on the sexual orientation of the
defendant.
   (2) In deciding whether to issue an order, the court shall weigh
the public interest and the need for disclosure against any potential
harm to the defendant, including, but not limited to, damage to the
physician-patient relationship and to treatment services.  Upon the
issuance of an order of this nature, the court, in determining the
extent to which any disclosure of all or any part of any record is
necessary, shall impose safeguards determined appropriate by the
court against unauthorized disclosure.  However, the court shall not
order disclosure under this paragraph for any purpose other than a
proceeding under this section.  Any order for disclosure under this
subdivision shall limit disclosure to those who need the information
for the proceeding, and shall direct those to whom disclosure is made
to make no further disclosure without permission of the court.  The
court shall grant permission for further disclosure when necessary
for a proceeding under this section.  Any disclosure in violation of
an order issued under this section shall be remedied or punished as
provided in Section 120980.
   (b) Nothing in this section is intended to compel the testing to
determine the HIV status of any victim of an alleged crime or crimes.

   (c) Nothing in this section is intended to restrict or eliminate
the anonymous AIDS testing programs provided for in Sections 120885
to 120895, inclusive.  Identifying characteristics of persons who
submit to that testing shall not be ordered disclosed pursuant to
this section, nor shall an order be issued authorizing the search of
the records of a testing program of that nature.



120295.  Any person who violates Section 120130 or any section in
Chapter 3 (commencing with Section 120175, but excluding Section
120195), is guilty of a misdemeanor, punishable by a fine of not less
than fifty dollars () nor more than one thousand dollars
(,000), or by imprisonment for a term of not more than 90 days, or
by both. He or she is guilty of a separate offense for each day that
the violation continued.



120300.  The district attorney of the county where a violation of
Sections 121365 and 120280 may be committed, shall prosecute all
those violations and, upon the request of a health officer, shall
prosecute, as provided in Section 120280, violations of any order of
a health officer made and served as provided in Section 121365 or
Section 120105.



120305.  Every person who possesses any intoxicating liquor in or on
any public hospital or sanatorium providing for the treatment of
tuberculosis or within the boundaries of the grounds belonging
thereto is guilty of a misdemeanor.  This section shall not prohibit
(a) the possession of any intoxicating liquor used for medicinal
purposes when issued pursuant to a written order of a physician
licensed to practice medicine under the laws of the State of
California, (b) the possession of any intoxicating liquor by
personnel for his or her own use who resides at the hospital or
sanatorium or on the grounds thereof, (c) the possession of any
intoxicating liquor used by a minister of the gospel or priest or
rabbi in a religious sacrament or ceremony or (d) the service of wine
to a patient as part of the hospital's regular menu or bill of fare
if the patient is located in a portion of the premises wholly
separate and isolated from patients receiving treatment for
tuberculosis.