Law Increases Penalty For Spreading Virus Locke Signs Bill Allowing Life In Prison For Intentionally Infecting Someone With Aids

Gov. Gary Locke on Thursday signed into law a measure that increases the maximum penalty for intentionally spreading the AIDS virus to life in prison.

Senate Bill 5044 allows a first-degree assault charge to be filed against a person who intentionally transmits or exposes others to the virus that causes AIDS.

Such cases have been treated as second-degree assault, which carries a maximum penalty of 10 years in prison. First-degree assault is punishable by up to life.

The bill also takes away the statute of limitations of three years and one day for the crime. Instead, no limit would exist.

The measure was partly brought about by the case of Randall Ferguson, who was sentenced last year in Clark County for exposing a 28-year-old woman to HIV, the virus that causes AIDS, by removing a condom during sex.

At the time of Ferguson’s trial, prosecutors alleged he had exposed more than 50 people to HIV. Five people, including two of his wives, died.

Before signing the bill, Locke vetoed a section that would have required public health officers to notify police about clients who are HIV-positive or have AIDS and engage in risky behavior despite a series of warnings.

“Clearly our concerns that we expressed to the governor were heard,” said Steven Johnson, public policy director for the Northwest AIDS Foundation. He had worried that if that section became law, people would have postponed getting medical attention for fear of reprisal and criminal charges.

“I think the governor’s actions will continue to maintain HIV confidentiality protections and at the same time allow for situations like Clark County to be handled in a much more expeditious way,” Johnson said.

Locke also signed into law SB5569, exempting some retail commissioned salespeople from getting paid time-and-a-half when working overtime.

Salespeople who earn at least 1-1/2 times the minimum wage and get at least half their income from commission are affected by the new law.

“Note that this was opposed by labor,” said Locke, who was accused during his campaign as being too pro-labor.

Previously the law treated commissioned salespeople like most workers covered under the state’s Minimum Wage Act, who are entitled to time-and-a-half if they work more than 40 hours in a week.

“We are disappointed,” said Robby Stern of the Washington State Labor Council. “I had hoped that he would be interested in protecting the standard of living of working families. This is clearly an attack on the standard of living.”

The governor signed SB5326, which ends the requirement that firearms be carried unloaded and in opaque cases or secure wrappers. Currently cities, towns and counties can opt out of the carrying requirements.

Locke’s press secretary, Marylou Flynn, said the governor would veto four bills:

Senate Bill 5005, to allow judges to impose longer sentences for people convicted of two or more violent crimes.

Senate Bill 5047, to authorize community corrections officers to carry firearms on the job.

Senate Bill 5093, to remove the requirement that the state Supreme Court review every death sentence to see if it is an excessive penalty for the crime.

Senate Bill 5782, to change bidding requirements for water-sewer districts.

Locke was preparing his veto statements for those measures late Thursday.