Pennsylvania House committee hears testimony on bill to decriminalize HIV
On June 2, the Pennsylvania House Judiciary Committee held a hearing to debate HB632, “Decriminalizing HIV in Pennsylvania.” The bill, primarily sponsored by Philadelphia Rep. Ben Waxman (D-Dist 182), if enacted, would remove the last bit of criminal stigma attached to HIV in the PA Criminal Code.
Referring to the part of the Criminal Code his bill will change, Waxman said, “This is a statute of a bygone era.” The current Code provides that a person engaged in prostitution or other sex crime who exposes another person to HIV can face a “sentence enhancement” from a misdemeanor to a class 3 felony.
According to supporters, the American Medical Association, the American Bar Association, and other professional organizations have put forth guidance around HIV transmission. HB632 would modernize the criminal code to follow the guidance and science behind HIV transmission and remove stigmatizing language.
In his initial co-sponsorship memo, Waxman explained the rationale of decriminalization. In it, he said, in part, “While prostitution is typically a misdemeanor offense, people living with HIV in Pennsylvania who are charged with prostitution can be charged with a felony even if transmission would not be possible, because no physical contact occurred or the nature of contact is not a method of transmission. HIV criminalization laws do not reflect the science around HIV prevention, transmission and treatment. Instead, they stigmatize people living with HIV, and are contrary to federal and state anti-disability discrimination laws. Criminalizing conduct that cannot result in HIV transmission is stigmatizing as everyone living with HIV becomes a potential criminal by virtue of their diagnosis. Stigma undermines public health goals. According to the White House’s National HIV/AIDS Strategy for the United States 2022-2025, ‘HIV-related stigma and discrimination continue to undermine the effective use of tools to reduce HIV transmissions.’”
In addition to picking up over half a dozen co-sponsors (all Democrat), the bill has been supported by the PA District Attorneys Association. The AIDS Law Project of Pennsylvania also provided significant lobbying support, in collaboration with the Pennsylvania HIV Justice Alliance.
The committee heard testimony from a number of supporters in addition to Rep. Waxman, including Dr. Jay Kostman, Chief Medical Officer of Philadelphia FIGHT; Sean Strub, founder of POZ magazine; Ronda Goldfein, Executive Director of the AIDS Law Project; and Andrea Johnson, activist and HIV advocate.
In their testimony, Strub and Johnson spoke of their personal experiences with the stigma attached to HIV criminalization, while Dr. Kostman and Goldfein spoke from a medical and legal perspective.
Dr. Kostman emphasized public health goals.
“If people know they could face legal consequences for testing positive for HIV, they may avoid getting tested,” Dr. Kostman said. “In addition, fear of prosecution may prevent individuals from seeking care or disclosing their status to partners, contrary to what the laws are intended to encourage. These fears actually produce the opposite public health effect from what would be expected, and treating and identifying people with HIV becomes more difficult.
“We now know that when people are taking effective treatment against HIV (called antiretroviral treatment) the amount of HIV in their blood is at an undetectable level. There is broad scientific data that when people reach this undetectable level, they cannot transmit the virus to other people. The phrase U=U (undetectable = untransmittable) has been widely used based on extensive scientific data. So, when people are identified as HIV positive and stay in care and stay healthy, they will NOT transmit the virus to others.
“We should not subject people to laws that were enacted out of fear and reinforce stigma, and are not based on current scientific understanding.”
Ronda Goldfein addressed the impact of the stigma attached to HIV criminalization. “Over the years, the Pennsylvania Legislature has removed all but one reference to HIV in the criminal code. HB632 would remove the final reference, which is the felony enhancement for prostitution with HIV.
“This enhancement has never served an effective law enforcement purpose. In the 30 years since its enactment, it’s rarely been charged, and no credible research links harsher penalties with a reduction in HIV transmission.
“In 37 years, the AIDS Law Project has provided free legal services on 50,000 legal matters to 25,000 people living with HIV. We regularly hear from our clients how stigma impedes their life and dissuades them from seeking health care and sharing their diagnosis with others.
“To remove stigma, we need to root it out wherever it can be found, including in outdated legislation that doesn’t protect anyone.”
After listening to testimony and questioning the panelists, the committee adjourned without voting on the measure. That will happen at a future committee meeting, though supporters think it likely the bill will be approved. It then goes to the full State House for a vote; supporters are optimistic about passage. Then, it goes to the State Senate.
