US: Louisiana HIV decriminalisation bill to be revisited at a later date

Lawmakers stall on bill to change state’s HIV law

BATON ROUGE, La. (WAFB) – Some at the state legislature believe the penalty for intentionally passing it along to someone else should not be as harsh with HIV no longer being the death sentence that it once was.

“It really is now a chronic disease like diabetes, like hypertension even though the transmission is certainly not the same,” said Jennifer Avegno with the New Orleans Health Department.

A task force was recently created to review the current data we have around HIV and how our state can update its laws. Health professionals today claim the law deters people from getting tested or treated.

“Many states like Georgia, Texas, Florida, others like Virginia have updated their laws. So, we’re currently just trying to update the laws,” said Rep. Aimee Adatto Freeman (D-New Orleans).

Under HB436 Rep. Freeman, those convicted would have their fine be reduced from $5,000 to $1,000, reduce the amount of time behind bars from 10 years to 1 year, and also redefine the crime by calling it “intentional transmission of HIV” instead of “intentional exposure to HIV”. The argument is that transmission is specific to those who actually become infected, while exposure is too broad of a term that could result in someone who’s infected being arrested for exposure after they’ve spit on someone.

“In 2009 I was convicted of intentional exposure to the aids virus. Without my consent, my home was searched and ultimately, I was arrested at work. And I would add that I was an employee at the 2nd circuit court of appeal, so I was embarrassingly arrested in front of my co-workers and peers,” said Robert Suttle who has HIV.

However, some said the concerns about the laws vagueness was address in 2018 when the law was amended.

“And that is when spitting on someone and some of these other outdated methods of quote unquote transmission were repealed from our law. Those do not exist,” said Kathleen Barrios with the 19th J.D.

This caused some on the committee to take a pause on how they were about to vote. Before it got to that point Representative Freeman decided to pull her bill and bring it back for another try later after she’s had time to get on the same page with the district attorneys.

US: Bill to end felony charges for people with HIV in prostitution cases removes the last relic of HIV criminalization laws

Pennsylvania lawmakers introduce bills to repeal felony charge for HIV-related prostitution

HARRISBURG – March 21, 2023 – State Senator Vincent Hughes and Representatives Benjamin Waxman and Malcolm Kenyatta announced legislation on March 20, 2024 that will repeal Pennsylvania’s felony sentencing enhancement for people living with HIV who are charged with prostitution.

Removing the felony charge removes the last relic of HIV criminalization laws in Pennsylvania, one of nine states still subjecting people living with HIV to harsher penalties if charged with prostitution. In recent years other states including Georgia, Nevada, and California have modernized or repealed their prostitution laws.

“HIV is not a crime. This is 2024, not 1984,” said Senator Hughes. “We have evolved so much in the forty years since we were confronted with this virus. Stigma was wrong then, and it is wrong now. Let’s continue the journey of eliminating this issue of discrimination toward HIV from the laws of the Commonwealth of Pennsylvania.”

HIV criminalization laws began to appear across the nation more than 30 years ago, and advocates have been pushing for reform ever since. Kenya Moussa, of the Pennsylvania HIV Justice Alliance, Positive Women’s Network – Pennsylvania Chapter, and Health Not Prisons Collective, said that “we should treat HIV like a health condition, not like a crime.”

The current law, according to Representative Waxman “does nothing for public safety. The only thing that the mention of HIV in the criminal code does is discriminate against people with a communicable disease and that is not right.”

“HIV is not a crime,” Representative Kenyatta emphasized. “When we criminalize a diagnosis, we encourage people to go untested and not seek treatment.” Kenyatta continued, “Pennsylvania has an opportunity to move the ball in the right direction and treat everyone, no matter what diagnosis with dignity and respect.”

Shekinah Rose, who has been “living, surviving and thriving with HIV/AIDS for 39+ years” and is a member of the Pennsylvania HIV Justice Alliance, Positively Trans, and Positive Women’s Network USA, said that “with the passage of this bill, we will remove stigma, encouraging people to get tested, get into care, and thrive!”

A September 2023 poll by Susquehanna Polling and Research shows that a majority of Pennsylvanians believe that the state’s HIV laws should be updated to reflect modern science. According to the poll, 76% of Pennsylvanians believe that current HIV laws should be modernized and updated. And 79% believe that people living with HIV should receive the health care they need, rather than face criminal charges that discriminate and discourage proper testing, treatment, and disclosure.

“Punishing people simply because they have a virus does not make anyone safe,” said Ronda B. Goldfein, executive director of the AIDS Law Project of Pennsylvania. “Instead, criminal penalties based on fear and misinformation contribute to the stigma fueling the HIV epidemic.”

US: Maryland lawmakers sponsor bill aiming to repeal HIV criminalisation law

Commentary: Maryland must stop criminalizing people living with HIV

State lawmakers moving to repeal law that stigmatizes people living with HIV, increases public health risk

Having a virus should not be a crime. Yet, in Maryland, people living with HIV can face prosecution and criminal penalties even when we have disclosed our status, used condoms or are virally suppressed through medication. Maryland has an outdated law from 1989 that makes it a misdemeanor for a person living with HIV who is aware of their HIV-positive status to “knowingly transfer or attempt to transfer” HIV to another person. A conviction under this law can carry a punishment of up to three years in prison, and the law has been used to charge people for behaviors that do not transmit HIV, such as spitting and biting.

As people who have lived with HIV for decades, we know firsthand that Maryland’s HIV criminalization law discourages people from knowing their status, fosters stigma and creates barriers to lifesaving health care. It’s time for lawmakers to repeal this deeply unjust law.

Legislation (HB 485/SB 1165) sponsored by Del. Kris Fair (D) and Sen. Sen. Karen Lewis Young (D), both from Frederick County, aims to repeal this law that punishes people living with HIV. It is a law enforced on deeply racist lines. A recent analysis by the Williams Institute revealed our HIV criminalization law is used disproportionately against Black Marylanders and Black men in particular, driving increased incarceration rates and fostering stigma and shame around HIV and knowing one’s status. People living with HIV need health care, not the threat of prison cells.

This law was passed 35 years ago, when little was known about the virus. If that seems long ago, it was: George H.W. Bush was president, cellphones were the size of bricks, and Janet Jackson and Paula Abdul topped the music charts. At that time, there was little hope for people living with HIV. Thankfully, much has changed since then.

Today, we are just some of the many people with HIV who are living long and fulfilling lives. Those of us living with HIV who achieve and maintain an undetectable viral load — the amount of HIV in our blood — by taking medication as prescribed cannot sexually transmit HIV to our partners. Furthermore, people who don’t have HIV have even more effective prevention tools and can take medications such as PrEP and PEP. All of these advancements were unheard of in 1989, when lawmakers responded with fear by criminalizing HIV.

If you are surprised to learn about the incredible medical advancements in the treatment and prevention of HIV, you are not alone. Stigma and racism around the virus run so deep that many people have an outdated understanding of HIV. In fact, today our goal of ending the epidemic of HIV is achievable in the coming years if we focus on expanding access to testing, prevention and treatment.

All of us should know our HIV status, but stigma, lack of access to health care and fear of criminal penalties under Maryland law are barriers to testing for many. Our state laws and policies should remove barriers to health care and encourage Marylanders to know their status. The compounding tragedy of our HIV criminalization law is it deters people from seeking testing and treatment, thus prolonging the HIV epidemic and its toll on our communities.

Repealing the HIV criminalization law would make it safer for people unknowingly living with HIV to get tested and access needed treatment. Nationally, a recent study showed that approximately 80% of new HIV transmissions were from people who do not know their HIV status or are not receiving regular care. Expanding access to testing could have a profound effect in our state. The Maryland Department of Health estimates over 34% of young people living with HIV in the state remain undiagnosed. It is clear we cannot meet our public health goals without repealing this law.

As community caretakers in the movement, we are committed to doing everything we can to reduce stigma around HIV and increase access to care for all Marylanders. For years, we have joined other people living with HIV to share our personal stories with legislators in support of updating our law. HIV is preventable and treatable, and we hope one day to end the epidemic. However, to achieve that goal, we must first end the criminalization of HIV in the state we call home. Removing harmful, stigmatizing criminal punishments for knowing your HIV status is a commonsense update that is long overdue for the great state of Maryland.

US: Kentucky bill proposes downgrading HIV transmission charges from felony to misdemeanour

Kentucky lawmakers taking up HIV/AIDS transmission decriminalization measure

By Stu Johnson

HIV/AIDS is a disease that continues to affect thousands of people across the Commonwealth. It’s an issue getting attention in Frankfort as lawmakers consider legislation tied to the transmission of HIV. The focus is on decriminalization.

The AIDS epidemic came about more than 4 decades ago. Since that time, a great deal has changed regarding how the disease is managed, which in the early 1980’s was deadly. There are laws tied to the illness that are being updated. Kentucky lawmakers are taking up a bill that makes intentional transmission of HIV/AIDS a Class A misdemeanor. It’s currently listed as a felony. Russell GOP Representative Danny Bentley, a retired pharmacist, is sponsoring the bill.

“Most people don’t realize that HIV is not their number one STD today. It’s human papilloma, chlamydia, and gonorrhea. So, we’re putting it on the same level as the other ones and decreasing the penalty,” said Bentley.

Bentley said, quote, “having HIV is not a crime, it’s an infection.”

Morgan Cole is an advanced practice registered nurse and heads the Sexually Transmitted Infections Task Force at Louisville’s Norton’s HealthCare. Cole said it’s not about completely eliminating accountability.

“There absolutely is a need to not eliminate these laws altogether, but to modernize them to what we know now. Eliminating the laws kind of lets people who are out there doing things with ill intention. Those no accountability for those people and we definitely want to make sure that we have law in place that hold people accountable, if they’re putting people at risk intentionally,” said Cole.

Cole noted the criminalization of HIV is still widespread throughout the United States. She added 35 states including Kentucky criminalize actions involving HIV. The RN said the situation today is much different than in the 1980s.

“We have anti-retroviral therapy and if a person is virally suppressed and their viral load is zero they cannot pass HIV to other people. We didn’t have pre-exposure prophylaxis when these laws were written,” said Cole.

Cole said the laws need updating to make sure there aren’t convictions of people who are doing everything in their power to prevent transmission.

Chris Hartman is director of Kentucky Fairness and is spending a significant amount of time at the State Capitol during the current General Assembly session. He said the UCLA-based Williams Institute reports Kentucky saw 32 people arrested for HIV transmission since 2006. And although the numbers might be considered small, Hartman said the felony charge option carries a heavy weight.

“This is all about de-stigmatizing HIV and AIDS which more than 40 years after the original HIV pandemic and AIDS pandemic is the right and just thing to do,” said Hartman.

Hartman says most of the previous arrests occurred in Louisville, Lexington, and northern Kentucky. He says women in general have comprised of about two-thirds of those arrests.

Hartman said bringing HIV/AIDs transmission prosecution in line with other sexually transmitted infections could also increase testing.

“We know that right away when people learn that they are HIV positive that they change their behaviors and so the risk of transmission decreases first off because folks end up becoming safer, to disclose their status, to not engage in sexual activity, if they learn that they are HIV positive,” said Hartman.

Registered Nurse Morgan Cole said there have been increases in HIV cases. She said Kentucky has been identified by the CDC as a high risk of HIV outbreaks, linked to injection drug use. Cole said there are 54 counties in the Commonwealth with increased risks of having an outbreak. And Chris Hartman said it’s testing again that can make the biggest difference in bringing down HIV cases.

Singapore: People with undetectable viral load no longer required to disclose their HIV status under new law

HIV disclosure law to be amended

People with the human immunodeficiency virus (HIV) will no longer be legally required to disclose the risk of contracting the virus to their sexual partners as long as they have maintained undetectable viral loads for at least six months, under a Bill passed in Parliament on March 7.

They must also have test results showing that they have an undetectable viral load dated nine months or less before the date they have sex, and they must have adhered to their medical treatment during this time.

“Persons living with HIV who have met these criteria would have effectively zero risk of transmitting HIV to their sexual partner,” said Senior Parliamentary Secretary for Health Rahayu Mahzam in Parliament.

Currently, those who have tested positive for HIV must not engage in sexual activity with another person unless they first inform the other person of the risk of contracting HIV, and the other person agrees to accept the risk. Those who fail to do so can be fined up to $50,000, jailed for up to 10 years or both.

Ms Rahayu said the changes align with medical advancements, as well as Singapore’s public health objective to curb transmission by shifting greater responsibility to individuals.

“The objectives of the amendments are to encourage individuals who are at higher risk of getting HIV to be tested regularly for HIV, and if possible to get treated early, so that they can achieve undetectable viral load as early as possible,” she said. She urged those living with HIV to adhere to treatment and monitor their viral load closely with their doctors to reduce the risk of transmission.

The amendments to the Infectious Diseases Act mean that laws on disclosure will no longer apply to such individuals if they have maintained an undetectable viral load for a prescribed period before having sex.

Ms Rahayu noted that Singapore is not the first jurisdiction to amend HIV disclosure laws. Sweden, Taiwan and the United States have also removed the disclosure requirement for persons living with HIV who have no risk of transmitting the virus.

“I would like to emphasise that in proposing the amendments, we are not relaxing the public health safeguards against HIV transmission, but encouraging infected persons to come forward to be tested and treated, thereby better protecting their sexual partners,” she said.

Ms Rahayu added that irresponsible behaviour that can lead to the transmission of HIV remains an offence and appropriate enforcement action will be taken.

It is still a criminal offence for any person who knows that he or she has HIV to donate blood at any blood bank in Singapore. Those who do so can be fined up to $50,000, jailed for up to 10 years or both.

Mexico: Activists call for congress to repeal HIV Criminalisation statute in Tlaxcala

Activists urge the decriminalisation of “danger of contagion” for HIV and other diseases in Tlaxcala

Translated from Spanish with Deepl.com – Scroll down for original article

Activists and defenders of the human rights of people living with HIV have urged the Congress of Tlaxcala to pass an initiative to eliminate the crime of “danger of contagion” from the local Penal Code as soon as possible.

Antonio Escobar Muñoz, director of the HIV and Human Rights programme of the LGBTTTQI+ collective, argued that it is essential to eliminate any discriminatory treatment based on health status.

According to the activist, cases of discrimination and stigmatisation based on health status persist in Tlaxcala, especially in school, work and governmental environments, mainly in the health sector.

Escobar Muñoz pointed out that people with HIV face criminalisation based on their HIV status, but often choose not to report it for fear of stigma and re-victimisation.

She emphasised that in Tlaxcala more work is needed on awareness raising, sensitisation and education, although the decriminalisation initiative represents an important step towards ensuring safe and discrimination-free environments.

This day, the initiative was presented in the plenary of the Local Congress with a draft decree proposing to repeal the denomination of Chapter I of the Eleventh Title with its respective article 302; section V of article 434, both of the Penal Code for the Free and Sovereign State of Tlaxcala.

This initiative seeks to recognise the need to promote public policies that encourage prevention, education and support for people living with HIV, thus contributing to the fight against stigmatisation and discrimination, as well as highlighting the need to update legislation in Tlaxcala.

Urgen activistas despenalización de “peligro de contagio” por VIH y otras enfermedades en Tlaxcala

Activistas y defensores de los derechos humanos de personas que viven con VIH han urgido al Congreso de Tlaxcala a dictaminar cuanto antes la iniciativa para eliminar del Código Penal local el delito de “peligro de contagio”.

Antonio Escobar Muñoz, director del programa de VIH y Derechos Humanos del colectivo LGBTTTQI+, argumentó que es indispensable eliminar cualquier trato discriminatorio por condición de salud.

Según el activista, en Tlaxcala persisten casos de discriminación y estigmatización por condición de salud, especialmente en entornos escolares, laborales y gubernamentales, principalmente en el sector salud.

Escobar Muñoz señaló que las personas con VIH enfrentan situaciones de criminalización basadas en su estatus serológico, pero muchas veces optan por no denunciar por miedo al estigma y la revictimización.

Enfatizó que en Tlaxcala se necesita más trabajo en concientización, sensibilización y educación, aunque la iniciativa de despenalización representa un paso importante para garantizar entornos seguros y libres de discriminación.

Este día, se presentó en el pleno del Congreso Local la iniciativa con proyecto de decreto por el cual se propone derogar la denominación del Capítulo I del Título Décimo Primero con su respectivo artículo 302; la fracción V del artículo 434, ambos del Código Penal para el Estado Libre y Soberano de Tlaxcala.

En esta iniciativa, se busca reconocer la necesidad de promover políticas públicas que fomenten la prevención, la educación y el apoyo a las personas que viven con VIH, contribuyendo así a la lucha contra la estigmatización y la discriminación, además de destacar la necesidad de actualizar la legislación en Tlaxcala.

Mexico: Colima State repeals “danger of contagion” article from its criminal code

The offence of “Danger of Contagion” is removed from the Criminal Code.

Translated with Deep.com – Scroll down for original article in Spanish

With just 15 votes in favour from Morena deputies and their allies from the New Alliance Party, Labour Party, and the now non-party deputy Rigoberto García Negrete, the State Congress repealed the criminal offence known as “Danger of Contagion”, which criminalised people infected with the HIV virus.

This action was carried out following the presentation of the opinion on the Bill with draft Decree, proposed by Deputy Alfredo Álvarez Ramírez, to reform Articles 77 and 119, and repeal Chapter I of the Seventh Title and Article 212 of the Penal Code for the State of Colima.

The Commission of Legislative Studies and Constitutional Points, in charge of drafting the opinion, emphasised that the measure was adopted under a guaranteeing vision and in response to the demand of different social groups to end discrimination.

The elimination of the criminal offence “Danger of Contagion” from the Criminal Code for the State of Colima was justified by the fact that it violated the human rights of people with contagious diseases, stigmatising them and unfairly turning them into victims and perpetrators.

During the “Ninth Youth Parliament 2023”, in which 25 young people from the state participated, initiatives in favour of various social sectors were presented. This reform took up the research and proposal of youth deputy Roberto Macías Cruz, who argued that the criminalisation of HIV increases the vulnerability of those affected and leads to multiple human rights violations.

According to UN AIDS, more than 3,242 people with HIV have been prosecuted for exposure and transmission of the virus. The initiative argues that criminalising HIV not only fails to stop the epidemic, but also undermines public health prevention efforts, alienating people with the virus.

The Committee stressed that the aim of repealing the “Danger of Contagion” offence is to avoid stigmatisation, discrimination and criminalisation of people with infectious diseases, ensuring the protection of human rights such as equality, non-discrimination and health, principles upheld by the Constitution.

The opinion, when submitted to the plenary for consideration, highlighted that the “Danger of Contagion” offence infringes the rights to equality and non-discrimination of people with diseases, as it criminalises the simple fact of suffering from a contagious disease, increasing stigmatisation and fear towards these people, which undermines human dignity. The commission concluded that the repeal of the criminal offence was feasible, as it discriminates against and unjustly criminalises people with contagious diseases.

The proposal to reform articles 77 and 119, and to repeal Chapter I of Title Seven and Article 212 of the Penal Code for the State of Colima, was put to a vote without the consensus of all parliamentary groups. After a recess and discussions, an agreement was reached to approve the reforms with the support of Morena and its allies.

The PAN and PRI deputies did not vote in favour, while those of Movimiento Ciudadano abstained. Finally, by a margin of 15 votes, the repeal of the criminal offence “Danger of Contagion” was approved, marking a step forward in the protection of the human rights of people with contagious diseases, by avoiding their stigmatisation and criminalisation.

Eliminan del Código Penal el delito denominado “Peligro de Contagio

Con apenas 15 votos a favor de los diputados de Morena y sus aliados del Partido Nueva Alianza, Partido del Trabajo, y del ahora diputado sin partido Rigoberto García Negrete, el Congreso del Estado derogó el delito penal conocido como “Peligro de Contagio”, que criminalizaba a las personas infectadas por el virus del VIH.

Esa acción se llevó a cabo tras presentarse el dictamen sobre la Iniciativa de Ley con proyecto de Decreto, propuesta por el Diputado Alfredo Álvarez Ramírez, para reformar los artículos 77 y 119, y derogar el Capítulo I del Título Séptimo y el Artículo 212 del Código Penal para el Estado de Colima.

La Comisión de Estudios Legislativos y Puntos Constitucionales, encargada de elaborar el dictamen, destacó que la medida se adoptó bajo una visión garantista y respondiendo a la demanda de distintos grupos sociales por acabar con la discriminación.

La eliminación del tipo penal “Peligro de Contagio” del Código Penal para el Estado de Colima se justificó por vulnerar los derechos humanos de las personas con enfermedades contagiosas, estigmatizándolas y convirtiéndolas injustamente en víctimas y victimarios.

Durante el “Noveno Parlamento de las Juventudes 2023”, donde participaron 25 jóvenes del estado, se presentaron iniciativas en favor de varios sectores sociales. Esa reforma retomó la investigación y propuesta del diputado juvenil Roberto Macías Cruz, quien argumentó que la criminalización del VIH aumenta la vulnerabilidad de las personas afectadas y conduce a múltiples violaciones de derechos humanos.

Según ONU SIDA, más de 3,242 personas con VIH han sido procesadas por exposición y transmisión del virus. La iniciativa sostiene que criminalizar el VIH no solo no detiene la epidemia, sino que también debilita los esfuerzos de prevención de salud pública, alienando a las personas con el virus.

La Comisión Dictaminadora subrayó que el objetivo de derogar el delito de “Peligro de Contagio” es evitar la estigmatización, discriminación y criminalización de las personas con enfermedades contagiosas, asegurando la protección de los derechos humanos como la igualdad, la no discriminación y la salud, principios sostenidos por la Constitución.

El dictamen, al someterse a consideración del pleno, resaltó que el delito “Peligro de Contagio” infringe los derechos a la igualdad y no discriminación de las personas con enfermedades, ya que criminaliza el simple hecho de padecer una enfermedad contagiosa, aumentando la estigmatización y el temor hacia estas personas, lo cual atenta contra la dignidad humana. La comisión concluyó que la derogación del tipo penal era viable, pues discrimina y criminaliza injustamente a las personas portadoras de enfermedades contagiosas.

La propuesta de reformar los artículos 77 y 119, y derogar el Capítulo I del Título Séptimo y el Artículo 212 del Código Penal para el Estado de Colima, fue sometida a votación sin el consenso de todos los grupos parlamentarios. Tras un receso y discusiones, se logró un acuerdo para aprobar las reformas con el apoyo de Morena y sus aliados.

Los diputados del PAN y PRI no votaron a favor, mientras que los de Movimiento Ciudadano se abstuvieron. Finalmente, por un margen de 15 votos, se aprobó la derogación del tipo penal “Peligro de Contagio”, marcando un paso adelante en la protección de los derechos humanos de las personas con enfermedades contagiosas, al evitar su estigmatización y criminalización.

US: Tennesee lawmakers end sex offender registry requirement for HIV+ sex workers, clearing path for removal from registry

TN Lawmakers vote to remove sex offender registry requirement for Law criminalizing sex workers with HIV

By Katie Riordan

State lawmakers have voted to no longer require sex offender registration for someone convicted under the state’s decades-old aggravated prostitution law, which only affects sex workers who are HIV positive. The legislation also allows those on the registry for the offense to have their names removed.

The measure overwhelmingly passed the state house on Thursday with bipartisan support after clearing the senate earlier this month.

The vote takes place as the Department of Justice and advocacy groups have sued Tennessee over enforcement its aggravated prostitution statute. The criminal code raises a misdemeanor prostitution charge to a felony if the sex worker knowingly has HIV.

Critics have long pointed out that no actual sex act has to take place and the law does not take into account modern advances in treatment and prevention of HIV.

Under the newly passed legislation, aggravated prostitution remains a felony, but it strikes down a separate penalty requiring those convicted to register as a violent sex offender for life.

The bill also allows those on the registry for the crime to petition to be removed, as long as they aren’t listed for another offense. Additionally, victims of sex trafficking can ask the court to expunge their record.

The Nashville-based non-profit, Thistle Farms, which provides services to survivors of trafficking, prostitution and addiction, backed the legislation.

The organization initially asked for a complete repeal of the aggravated prostitution law, but Amanda Clelland, director of communications and advocacy, says the amended bill lawmakers agreed to still removes “insurmountable” barriers that the sex offender registry creates.

The registry’s restrictionson where someone can work and live, Clelland says, hinders the ability to escape a life of exploitation and sex work.

“It really just kind of perpetuates a system where folks aren’t able to leave, even though they want to,” she says. “By law they are just continuously put back into these situations where they’re unable to access the services or even the safe space to start that rebuilding process.”

About 80 people are listed on the sex offender registry for an aggravated prostitution violation, according to research released in 2022 from the Williams Institute at the UCLA School of Law. The study also found that most are in Shelby County and are Black women.

Clelland says the bill’s passing signals an openness to offering support to trafficked people and sex workers instead of further criminalizing them.

“Those doors have been closed to them for years, and those doors are finally going to start reopening, and it’s exciting, and it’s just full of a lot of possibility,” she says.

The legislation will now head to Gov. Bill Lee’s desk to decide whether to sign off on it.

State legislators made aggravated prostitution a crime in 1991 at a time when effective treatment for HIV was still limited. They followed up in 1994 with a criminal exposure law that makes it a felony for anyone not to disclose a diagnosis to an intimate partner.

Last session, the legislature removed a sex offender registry requirement for an exposure charge.

Outside of lawmakers actions, the Department of Justice is suing the state to stop enforcing the aggravated prostitution statute. The DOJ’s lawsuit argues it violates a federal anti-discrimination law by creating stiffer penalties for people living with HIV.

Slovakia: Ministry of Health asked to reconsider mandatory HIV reporting in medical facilities

HIV reporting obligations in Slovakia: patient advocacy for change in criminal code

In Slovakia, HIV-positive patients are obliged to report their diagnosis in medical facilities. This arises from the Criminal Code, otherwise you could face penalties for spreading a dangerous disease. Patients and some experts draw attention to the advanced treatment methods, which mean that this obligation should no longer be necessary. The Ministry of Health is currently not planning to change the current regulations, but is open to a discussion about it.

Jan Koller is one of the patients with this diagnosis. His life has been changed by HIV, not because of the treatment, but because of people’s prejudices: “There is a significant stigma associated with this disease. I was faced with rejection from doctors myself. We don’t pose a risk to anyone.”

This is also why Jan Koller founded a non-profit organization to help others with this disease. Some healthcare providers may have reservations or uncertainties about treating people with HIV. While Danica Staneková from the National Reference Center for HIV and AIDS Prevention understands the concerns of health workers, she reminds that patients could also go to an outpatient clinic or hospital without knowing that they are HIV-positive. Therefore, every patient should be treated as potentially infected and infectious. According to Staneková, it would at least be appropriate not to consider HIV as a special diagnosis, as is the case in the Criminal Code. The spread of HIV and other dangerous infections is listed there. However, HIV can now be treated in the same way as hepatitis B, for example, although this disease does not represent a special diagnosis in the criminal code.

HIV patients are demanding that they no longer have to legally report their diagnosis under threat of criminal prosecution. As long as the disease is treated with modern means, it poses no danger to other people, says infectiologist Peter Sabaka: “Some countries have already initiated such changes in jurisprudence. Thanks to treatment, such patients have no detectable viral load. You can therefore actually be viewed as not infected in terms of the risk of infection and therefore the need to report. I can’t give a clear answer at the moment as to whether this should also be the case in Slovakia.”

There are approximately 1,600 people living with HIV in Slovakia. In 2023, 140 new cases were added.

US: Justice Department sues Tennessee over aggravated prostitution statute targeting HIV+ individuals

Justice Department Sues Tennessee for Enforcing State Law that Discriminates Against People with HIV

The Justice Department filed a lawsuit today against the State of Tennessee and the Tennessee Bureau of Investigation (TBI) for violating the Americans with Disabilities Act (ADA). The department previously notified Tennessee and the TBI that they violated the ADA by enforcing the state’s aggravated prostitution statute against people living with human immunodeficiency virus (HIV). That letter of findings detailed the minimum remedial measures necessary to address the discrimination.

“The enforcement of state criminal laws that treat people differently based on HIV status alone and that are not based on actual risks of harm, discriminate against people living with HIV,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “People living with HIV should not be subjected to a different system of justice based on outdated science and misguided assumptions. This lawsuit reflects the Justice Department’s commitment to ensuring that people living with HIV are not targeted because of their disability.”

The department’s investigation found that the state and TBI subject people living with HIV to harsher criminal penalties solely because of their HIV status, violating Title II of the ADA. Tennessee’s aggravated prostitution statute elevates what would otherwise be misdemeanor conduct to a felony because the individual has HIV, regardless of any actual risk of harm. A person convicted of aggravated prostitution faces three to 15 years in prison and a fine up to $10,000, while a person convicted of a misdemeanor charge based on the same conduct is subject to a penalty of no more than six months in prison and up to a $500 fine.

Aggravated prostitution is also categorized as a “violent sexual offense” mandating registration by those convicted on the Tennessee Sex Offender Registry, in most cases for life. The state maintains the registry through the TBI. Individuals placed on the registry due to convictions for aggravated prostitution are restricted in where they may live, work and go in public, and have experienced increased homelessness and unemployment. These individuals also face public disclosure of information about their HIV status, which can lead to harassment and discrimination. For example, the complaint identifies one person who has struggled to find safe housing that complies with the registry’s requirements and has experienced periods of homelessness, has been denied employment because she is on the registry, and is prevented from spending time alone with her nephew because of her conviction.

The Justice Department plays a central role in advancing the ADA’s goals of equal opportunity, full participation, independent living and economic self-sufficiency for people with disabilities. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov.