Scott Wiener認為之前的法律「過於極端並帶岐視」（"extreme and discriminatory"），把HIV患者罪名化。新法案會使人們談及被HIV感染，診斷和治療時感到自在（"To make people comfortable talking about their infection, get tested, get into treatment."），是鼓勵大家去檢測，於是就可以降低HIV在本州的傳播。
18 U.S. Code § 1122 - Protection against the human immunodeficiency virus明知本人攜帶HIV病毒卻獻血或賣血，捐精或賣精，捐贈或賣器官供他人使用者，或嘗試如此做法者 (a) In General.— Whoever, after testing positive for the Human Immunodeficiency Virus (HIV) and receiving actual notice of that fact, knowingly donates or sells, or knowingly attempts to donate or sell, blood, semen, tissues, organs, or other bodily fluids for use by another, except as determined necessary for medical research or testing or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act, shall be fined or imprisoned in accordance with subsection (c).
是否（確實）傳播了HIV（即未遂）並不是該罪定罪的必要條件 (b) Transmission Not Required.— Transmission of the Human Immunodeficiency Virus does not have to occur for a person to be convicted of a violation of this section.
前述違反者將處以1萬美元以上的罰款，或1－10年的監禁，或二者並罰。 (c) Penalty.— Any person convicted of violating the provisions of subsection (a) shall be subject to a fine under this title of not less than $10,000, imprisoned for not less than 1 year nor more than 10 years, or both.
一句話：任何明知自身攜帶HIV卻提供血，精或器官給第三方使用者是聯邦重罪。
加州的原法案與聯邦法一致處以的是重罪：
Provides that it is a felony punishable by two, four, or six years in county jail for any person to donate blood or tissue, semen to any medical center or semen bank that receives semen for purposes of artificial insemination, or breast milk to any medical center or breast milk bank that receives breast milk for purposes of distribution, whether he or she is a paid or a volunteer donor, who knows that he or she has AIDS, as diagnosed by a physician and surgeon, or who knows that he or she has tested reactive to HIV. (Health Saf. Code, § 1621.5, subd. (a).)
加州的新法案廢除了舊法案的重罪，改為中等輕罪：
1) Repeals existing provisions of law that punish more harshly specified acts when those acts are committed by a person who has been diagnosed with AIDS or HIV. 2) Makes a person guilty of a misdemeanor punishable by imprisonment in a county jail for up to six months for the intentional transmission of any infectious or communicable disease, if all of the following apply:
加州的新法案處罰未遂者最多只判90天，屬於最低檔的輕罪（與18 U.S. Code § 1122（a) (b) 的犯罪界定嚴重衝突）
4) Specifies that an attempt to intentionally transmit an infectious or communicable disease is punishable by imprisonment in the county jail for up to 90 days.
加州的新法案甚至還帶豁免的 ：
5) Exempts from the new misdemeanor any person who donates an organ or tissue for transplantation or research purposes, or any person who donates breast milk to a medical center or breast milk bank that receives breast milk for purposes of distribution.
