HIV JUSTICE WORLDWIDE
Launch video

(6 min, HJN, UK, 2016)

In April 2016, thanks to generous funding for 2016-18 from the Robert Carr civil society Networks Fund, seven global, regional and national civil society organisations that have worked closely, but informally, together on HIV criminalisation for a number of years, announced a brand new initiative, HIV JUSTICE WORLDWIDE.

HIV JUSTICE WORLDWIDE will enhance and build on contributions its founding partners have previously made: monitoring, informing, connecting and engaging with People Living with HIV networks, civil society organisations and others who advocate against HIV criminalisation, and engaging policy-makers in pursuit of protecting against HIV criminalisation.

The initiative allows us to:

  • Avoid duplication by bringing together the many existing resources on this issue, sharing information and coordinating advocacy efforts.
  • Build broader consensus amongst People Living with HIV networks, civil society, policymakers, key scientists/clinicians, criminal justice actors and funders that ‘ending AIDS’ will not happen unless we put an end to HIV criminalisation.
  • Create new energy and action, ‘riding the wave’ of recent advocacy successes, pushing for commitment to change at the highest level.
  • Develop and strengthen much-needed civil society capacity to ensure continued advocacy against HIV criminalisation, and to sustain this capacity in order to further advocate against related punitive laws, policies and practices aimed at people living with HIV and which impede the HIV response.

US: Republican Senator highlights Florida’s “archaic” HIV-specific criminal law, advocates for law reform in 2017

Last Thursday, March 10th Senator Rene Garcia introduced an amendment in the Florida Senate to an amendment of a bill he was co-sponsoring (SB 314) to highlight the damage done to the HIV response by the state’s overly broad HIV criminalisation law.

Senator Garcia, a Republican, withdrew the amendment following his three minute intervention, but noted that he intends to work with the Senate in the next legislative session, 2017, in order to reform Florida’s overly broad HIV non-disclosure law.

In order words, the amendment was presented strategically in order to give the issue of HIV criminalisation some exposure to his colleagues.

Tami Haught of the Sero Project, who is working closely with colleagues in Florida to modernise the law, noted:

“We are delighted that Senator Garcia is taking leadership on this issue and look forward to an ongoing dialogue. Sero and our Florida partners will be soliciting comments and a legal review of what Senator Garcia has proposed as well as continuing to organize statewide to build support for change. We have a lot of work to do between now and next year’s legislative session.”

Watch Senator Garcia speak about why it is crucial to reform Florida’s HIV criminalisation law below.

Mexico: Human Rights Commission files motion before Supreme Court arguing Veracruz law criminalising 'wilful transmission' of HIV and STIs is unconstitutional

Because the amendment to Article 158 of the Criminal Code of Veracruz, called “contagion” criminalizes the transmission of sexually transmitted infections, and establishes a sentence ranging from 6 months to 5 years in prison and a fine of up to 50 days’ pay for those who “willfully” infecting another person sexually transmitted disease, a contravention of Article 1 of the Constitution of the United States Mexicans, at 24 of the American Convention on Human Rights and 26 of the International Covenant on Civil and Political Rights, the National Commission on Human Rights (CNDH) filed a motion before the Supreme Court of Justice of the Nation.

That article, which provides between these infections to HIV and human papillomavirus, he was published in the Official Journal of Veracruz on 1 December and, according to the CNDH, is discriminatory because it “generates    a    differentiation    unnecessary    and unjustified that becomes discriminatory. ”

This, because, argues the CNDH, the new content of the article “generates a discriminatory treatment in Subject to the people, and that criminalize putting willful in danger of disease transmission, generates two assumptions: that it is sexually transmitted infections and cases of serious disease. ”

According to the document, this situation leads to “different treatment for sexually transmitted infections with respect any other illness, by the than is rock specifically the condition health perpetrator when he suffers STDs, generating    so    a    distinction    legal    between    Who    suffer    a    disease acquired by sexually transmitted Y those with any other disease acquired through diverse. ”

In addition, it is emphasized that the amendment does not meet the objective of preventing argued transmission of STIs against women and girls, finding themselves in vulnerable situations, but caused a differentiation based on the condition of true kind from infections, in East case from sexually transmitted, and describe them as serious, a fact that is not real, because not all infections of this court are serious.

Thus, the declaration of unconstitutionality of the article is requested and all those rules than are related.

Thus, the CNDH responded to the request of the Multisectoral Group on HIV / AIDS and STIs of Veracruz and other civil society organizations, which have stated that “the international guidelines on HIV and Human Rights based on evidence scientific point to legislate and punish not prevent new infections or reduce women’s vulnerability and what we do accomplish is a negative impact on public health and human rights. ”

It is expected that in the coming weeks the Supreme Court of Justice of the Nation attracts unconstitutionality for discussion and analysis.

Register now for ARASA’s online course on HIV criminalisation; deadline March 8th

Applications are now invited for participation in the AIDS and Rights Alliance for Southern Africa (ARASA) 2016 online training course on the criminalisation of HIV transmission, exposure and non-disclosure.

Civil society, policymakers and service providers – including health care providers and law enforcement officials – working in Africa are eligible for the course, which will last for six weeks from 14 March 2016 to 22 April 2016, and require four hours’ commitment per week.

The deadline for applications is 8th March 2016.

More details below and on ARASA’s website.

Download the full announcement here.

ABOUT THE COURSE

The criminalisation of HIV transmission, exposure and non-disclosure, which is often referred to as ‘HIV criminalisation’, is the unjust application of criminal law based solely on HIV status – either by enacting and applying HIV-specific criminal laws, or by applying general criminal laws exclusively or disproportionately against people with HIV.

Law makers who try to enact HIV-specific laws to criminalise HIV transmission are often driven by public pressure to be seen to be doing something about HIV in their country without stopping to consider the effects of HIV criminalisation on the spread of HIV.

Human rights experts argue that most countries already have criminal laws, such as the laws against assault with intent to cause grievous bodily harm, that can be used to deal with intentional transmission of HIV and therefore there is no need to create new laws to deal specifically with HIV.

This online course will introduce participants to information about the criminalisation of HIV transmission, exposure and non-disclosure, the negative impact it has on the human rights of people living with HIV and key populations and on universal access to HIV prevention, treatment, care and support. The focus is on providing knowledge and skills so that participants can identify harmful HIV-specific transmission, exposure and non-disclosure laws and advocate for the removal of these laws.

COURSE OUTCOMES

After taking the course, students will be able to:

  • Understand what criminalisation of HIV transmission, exposure and non- disclosure is and the difference between transmission, exposure and non- disclosure
  • Identify the links between human rights, universal access to HIV prevention, treatment, care and support, and the negative impact of criminalisation of HIV transmission, exposure and non-disclosure
  • Understand the disproportionate impact of criminalisation on women and key populations
  • Understand international and regional guidance on criminalisation of HIV transmission, exposure and non-disclosure and be aware of model laws and other instruments that can be used as advocacy tools to advocate against HIV criminalisation
  • Advocate for laws that do not criminalise HIV transmission, exposure and non- disclosure and respect the rights of people living with HIV and promote universal access or for the repeal or amendment of laws that do criminalise.

WHO MAY APPLY?

In the selection of participants preference will be given to persons who:

  • Are staff members of civil society organisations working on HIV, TB and human rights in African countries;
  • Are fluent in English;
  • Have existing skills and experience in human rights, TB, HIV and/or Sexual and Reproductive Health Rights (SRHR);
  • Have daily access to the internet as well as access to a computer;
  • Are committed to participating fully in all the elements of the short course and carrying out training and advocacy for increased access to HIV and TB servicesfor prisoners; and
  • Are committed to promoting a rights-based response to HIV and TB in their own countries and in the region, and to engage in regional collaboration for advocacy.

HOW TO APPLY

Send us:

  • A one page letter of motivation, setting out why you feel that you would benefit from participating in the short course and outlining how you will use the skills acquired during the course;
  • Your resume / CV; and
  • A letter of support from the organisation you are currently working with / affiliated to.

DEADLINE FOR APPLICATIONS

All applications must be received by no later than close of business 8 March 2016. Kindly note that applications received after the closing date will not be considered.

Application should be submitted by email to courses@arasa.info (and copy Jacob Segale (jacob@arasa.info) and Nthabiseng Mokoena (nthabiseng@arasa.info)). Successful applicants will be notified by no later than 11 March 2016. Should you not receive any feedback from us by 14 March 2016, kindly consider your application to have been unsuccessful.

ABOUT ARASA

Established in 2002, ARASA is a regional partnership of 89 non-governmental organisations (NGOs) working together to promote a human rights-based response to HIV and TB in Southern and East Africa, through capacity strengthening and advocacy.

ARASA’s purpose is to promote the rule of law and respect for human rights to safeguard the health status of all, especially of people living with HIV and TB and key populations at higher risk of HIV and TB, including lesbian, gay, bisexual, transgender and intersex (LGBTI) people, sex workers, people who use drugs and prisoners. ARASA’s overall objective is to ensure that legal, policy and social environments exist in Southern and East Africa (18 countries) in which people living with HIV and TB and key populations most at risk (prisoners, LGBTI persons, sex workers and people who use drugs) access acceptable, affordable and quality sexual and reproductive health and rights, HIV and TB prevention, treatment and care services.

HIV is Not a Crime Training Academy now requesting workshop submissions

The second HIV is Not a Crime meeting, now a Training Academy, will take place between May 17 – 20, 2016 at the University of Alabama in Huntsville.

The Training Academy will unite and train advocates living with HIV and allies from North America on laws, policies and practices criminalising people living with and vulnerable to HIV and on strategies and best practices for improving legal environments.

There will be three tracks, focused on

1) Effective and Accountable Leadership,

2) Rights, Policy  and Justice, and

3) Campaign Planning, Strategy and Messaging.

Workshops will help advance informed and effective grassroots organising and coalition-building, providing participants with concrete tools and resources to work on state-level strategies when they return home.

Advocates working on HIV criminalisation in the United States, Canada or Mexico are encouraged to submit an application to conduct a workshop at the Training Academy and contribute to this growing and important movement.

Deadline for submissions is Friday, February 26, 2016 by 5:00 pm CST (6:00 pm EST, 3:00 PST).

Descriptions of workshop tracks are below:

Effective and Accountable Leadership

This track will focus on building relevant and current leadership skills for an effective and intersectional criminalisation movement.

Sessions considered may include coalition-building, development of individual leadership skills or emphasise disproportionately impacted communities.

Rights, Policy, and Justice

This track will focus on policy issues, criminal justice, and advocacy strategies relevant to disproportionately criminalized communities.

Submissions on issues specific to communities targeted by policing practices due to race, gender identity, sexual orientation, substance use, immigration status, and other forms of discrimination are encouraged.

Campaign Planning, Strategy and Messaging

This track will provide resources, tools and skills advocates need to successfully develop and implement a state-level campaign to repeal or modernize criminalization laws.

Submissions may focus on the “nuts-and-bolts” required for organizing, including messaging research and positioning, how to best utilize research to persuade media, policy leaders and legislators and creation and execution of a campaign plan.

After reviewing proposals, conference organizers may invite session organizers to collaborate on a session.  All presenters are required to register for the conference. Acceptance of a proposal does not guarantee a scholarship or coverage of any of the necessary registration or travel expenses.

We expect to receive more breakout session proposals than we can actually accommodate.  When making selection decisions, we have many considerations to balance, including our desire to elevate diverse leadership and new organizations and voices into the mix at each Training Academy.  Please read the criteria below for what we are and are not looking for.

Proposals that meet all or most of these criteria will be given the most favorable consideration:

  • Participatory:  Proposed session is interactive, with lots of two-way communication between participants and presenters and hands-on engaging activities.
  • Timely: Proposal demonstrates an understanding of current criminal justice, policing, and criminalization environment
  • Intersectional: Proposal demonstrates an intersectional analysis
  • Practical:  Session proposes to leave participants with useful tools, including innovative strategies, exemplary models, powerful narratives, and accessible artistic and cultural expressions.
  • Action-Oriented:  Session connects to active issue campaigns, grassroots community organizing, and current struggles and/or movement building efforts.
  • Intergenerational:  The content is relevant to, and encouraging of, the participation of youth and young people, as well as multi-generational strategies.
  • Geographic Diversity:  For national audience, we want the content and facilitators to relate to different geographic areas, especially the South.
  • Multiracial:   Sessions include a multiracial and intersectional analysis and approach — even if there is a mono-racial emphasis.  A multiracial team of facilitators is also encouraged.

Breakout Sessions should not consist of:

  • Lectures, presentations of academic papers or mostly theory, or panels that primarily involve people talking at others.
  • Sessions that do not have a connection to people working in local communities.
  • Sessions that focus primarily on a problem, without equal or greater attention to proposed solutions.
  • Sessions by individuals not engaged with, connected or accountable to social justice organizations or communities.

Important Notes:

The deadline for submission is Friday, February 26, 2016 by 5:00 pm CST (6:00 pm EST, 3:00 PST).  You will receive notice of acceptance on Friday, April 1, 2016.

Applicants may submit up to two workshops for consideration.  For each 90-minute workshop, applicants should follow the suggested format below.  Workshops submissions must be one page in length and be in a font 11 point or over but not smaller.  Your submission will not be reviewed if it is more than one page (8.5 x 11) in length or if the font is smaller than 11 point.  There is no limit to the number of total presenters on a workshop.

Workshop submissions will be reviewed and evaluated by a volunteer Program Work Group on the following criteria:  1) alignment with track description, SERO and PWN-USA values, and Training Academy goals 2) clarity of description 3) appropriateness of suggested format.

We strongly encourage applicants to consider formats that engage participants, rather than simply presenting information.  In addition, the program committee will review overall workshop acceptances with an eye towards diversity of presenters, particularly in demographics, geography, skills, and expertise.

Every proposal must include:

  • FIRST, LAST NAME OF LEAD PRESENTER(S):
  • FIRST, LAST NAME(S) OF ADDITIONAL PRESENTER(S):
  • EMAIL ADDRESS/PHONE NUMBER FOR LEAD PRESENTER:
  • TITLE & ORGANIZATIONAL AFFILIATION FOR ALL PRESENTERS:
  • WORKSHOP TRACK: 1) Effective and Accountable Leadership 2) Rights, Policy & Justice; 3) Campaign Planning, Strategy and Messaging
  • PROPOSED WORKSHOP TITLE:
  • WORKSHOP DESCRIPTION:
  • WORKSHOP OBJECTIVE(S):
  • FORMAT OF WORKSHOP: Describe how you and/or presenter(s) will conduct the workshop, i.e. presentation style, opportunity for discussion and/or interactive activities/exercises.

Email workshop submissions by Friday, February 26, 2016 to:  conference@seroproject.com

All other questions regarding the Summit should be emailed to Tami Haught at:  tami.haught@seroproject.com

US: Second HIV Is Not a Crime Conference, ‘a national training academy’ for HIV criminalisation advocates, announced for June 2016 (Press Release)

After a very successful inaugural HIV Is Not a Crime National Conference last year, the SERO Project and Positive Women’s Network-USA are pleased to announce that the planning process is underway for a second national conference to support repeal and modernization of laws criminalizing HIV non-disclosure, perceived or potential exposure and transmission, to be held in June 2016.

HIV is Not a Crime II, to be held in June 2016, will unite and train advocates living with HIV and allies from across the country on laws criminalizing people living with HIV and on strategies and best practices for repealing such laws. Skills-building training, with an emphasis on grassroots organizing, advocacy, coalition-building and campaign planning, will leave participants with concrete tools and resources to work on state-level strategies when they return home.

For this training academy, organizers will also emphasize movement building with other decriminalization and criminal justice reform groups.  “It’s time to look at the whole context of mass incarceration, racist policing practices, drug policy, sex work policies, and the ways that LGBT and immigrant folks are disproportionately vulnerable in criminalization proceedings, as we consider strategies for repeal and modernization,” says Naina Khanna, executive director of Positive Women’s Network – USA.

Advocates say last year’s conference invigorated on the ground rights-based advocacy led by communities living with and impacted by HIV.  “Last year’s HIV is Not a Crime Conference was great because it brought together advocates and people working on changing HIV criminalization laws to brainstorm best practices for people to take home to implement a plan for their state. This was incredibly helpful for us in Tennessee, and really gave us the boost we needed to work on our plan to change the laws here,” states Larry Frampton of Tennessee AIDS Advocacy Network.

“The HIV Prevention Justice Alliance is thrilled to be part of this process again that prioritizes PLHIV, builds power, and ultimately pushes the momentum from the first HIV is Not a Crime conference and this past year in a concerted organizing effort to end these laws across the U.S. in 2016,” says Suraj Madoori, manager of the HIV Prevention Justice Alliance.

“I thought last year’s conference was one of the best discussions in HIV in a long time.  It was very powerful to participate in a conference organized by people living with HIV and to hear about their personal experiences around disclosure, prosecution and criminalization,” commented Marsha Martin, Director of the Urban Coalition for HIV/AIDS Prevention Services (UCHAPS). “We have to take on criminalization if we are going to bring about an end to the epidemic. That’s why continuing conferences like this one is so important–and necessary.”

“HIV is Not a Crime II will provide an opportunity for people living with HIV and their closest allies to define their priorities and agenda, educate and mobilize each other and their communities, and further strengthen the community of PLHIV advocates.  Michael Callen, one of the authors of the Denver Principles, used to say there was a ‘special magic’ when people with HIV worked together to organize and that is as true today as it was 30 years ago.” states Sean Strub, Executive Director of SERO Project.

Get involved in making HIV is Not a Crime a success!

The planning partners are currently seeking volunteers for five workgroups, as well as financial support for the conference. To read about and join a working group, click here.

Are you interested in providing financial support for this important event? Please contact Sean Strub, SERO Project or Naina Khanna at Positive Women’s Network – USA for more information.

Questions? Please contact Tami Haught, SERO Organizer and Training Coordinator.

Canada: New film explores the impact of using sexual assault law to prosecute HIV non-disclosure

This week sees the release of an important new short film from the Canadian HIV/AIDS Legal Network.

Consent: HIV non-disclosure and sexual assault law interrogates whether criminalising HIV non-disclosure does what the Supreme Court of Canada believes it does – protect sexual autonomy and dignity – or whether, in fact, it does injustice both to individuals charged and to the Canadian criminal justice system’s approach to sexual violence.

Produced together with Goldelox Productions, with whom the Legal Network also collaborated on their powerful 2012 documentary’ Positive Women: Exposing Injustice, this 28-minute film features eight experts in HIV, sexual assault and law whose commentary raises many questions about HIV-related legal developments in Canada.

At a time when society seems to be taking the prevalence of sexual

violence and rape culture more seriously, this film dares to ask some

difficult questions about its limits in the law. The law of sexual

assault is intended to protect women’s sexual autonomy, equality

and dignity, yet as applied with respect to alleged HIV non-disclosure,

these values are not necessarily being advanced. Through expert

testimonies, Consent shines a light on the systemic obstacles women

face in disclosing their HIV status, points to the dangerous health

and human rights outcomes of applying such a harsh charge as

aggravated sexual assault to HIV non-disclosure, and makes the

argument that the law needs to better protect those who are living

with and vulnerable to HIV. Consent demonstrates that advocacy

efforts opposing the overly broad criminalization of HIV non-disclosure

must address the use of sexual assault law and that such efforts must

do so alongside feminist allies.

From: http://www.consentfilm.org/about-the-film/

The Canadian HIV/AIDS Legal Network has for some time been exploring the implications of using sexual assault law to prosecute HIV non-disclosure cases, given the marked differences between the types of conduct that are typically referred to as sexual assault (including rape) and HIV non-disclosure cases.

In April 2014, the Legal Network convened leading feminist scholars, front-line workers, activists and legal experts for a ground-breaking dialogue on the (mis)use of sexual assault laws in cases of HIV non-disclosure. Consent: HIV non-disclosure and sexual assault law was filmed during this convening.

Their analysis demonstrates that the use of sexual assault law in the HIV non-disclosure context – where the sexual activity is consensual other than the non-disclosure – is a poor fit and can ultimately have a detrimental impact on sexual assault law as a tool to advance gender equality and renounce gender-based violence.

The Consent website ( in English / in French ) also lists future screenings across Canada, which will be accompanied by panels and workshops, as part of an ongoing strategy to build up allies among women’s rights advocates for the longer-term work.

A discussion guide will also soon be available.

US: As college student, Michael Johnson, 23, is sentenced to 30 1/2 years for HIV exposure, advocates organise and condemn Missouri’s HIV-specific law as ‘barbaric’

Yesterday, Michael Johnson, 23, was sentenced to 30 1/2 years in prison after being found guilty on May 14th of five counts stemming from the accusations of three people who said he exposed them to the virus without their knowledge.

For the most serious charge, recklessly infecting another with HIV, Johnson will serve 30 years in prison. The remaining four charges, for HIV ‘exposure’, carried sentences of 5.5, 5.5, 5.5 and 14 years. Johnson will serve his sentences concurrently, meaning he will spend a total of 30 1/2 years in prison.

Mr Johnson’s case created considerable attention from HIV, gay and social justice advocates, such as this open letter from black gay men, and the press release from The Center for HIV Law and Policy below.

Tomorrow (Wednesday 15th July), the Counter Narrative Project, HIV Prevention Justice Alliance and Positive Women’s Network – USA will hold a webinar to provide an update on the current on-the-ground efforts to support his appeal and a discussion of advocacy strategy from a legal, media, intersectional and activism perspective.

Click on this link to register for Michael L. Johnson: Strategizing collectively for justice.

Sentencing of Missouri College Student in HIV “Exposure” Case Decried As “Barbaric” 

US: REPEAL HIV Discrimination Act reintroduced by Congresswoman Barbara Lee even as some US states propose new HIV-specific criminal laws

The past month or so has seen a huge amount of activity around overly broad HIV criminalisation in the United States, culminating the reintroduction of the REPEAL HIV Discrimination Act by Congresswoman Barbara Lee.

As well as on-going arrests and prosecutions of individuals for alleged non-disclosure (and some excellent reporting on certain cases, such as that of Michael ‘Tiger Mandingo’ Johnson in Missouri or of two new cases on the same day in Michigan) new problematic HIV-related criminal laws have been proposed in Alabama, Missouri, Rhode Island and Texas.

Fortunately, most of these bills have been stopped due to rapid responses from well networked grass roots advocates (many of whom are connected via the Sero Project’s listserv) as well as state and national HIV legal and policy organisations, including the Positive Justice Project.

REPEAL HIV Discrimination Act

On March 24th, Congresswoman Barbara Lee reintroduced a new iteration of the REPEAL HIV Discrimination Act (H.R.1586), “to modernize laws, and eliminate discrimination, with respect to people living with HIV/AIDS, and for other purposes”.

The full text of the bill can be found here.

The last time the REPEAL Act was introduced, in 2013, it had 45 co-sponsors before dying in committee.  The first iteration, introduced in 2011, achieved 41 co-sponsors.

As of April 15th, the 2015 iteration has three co-sponsors, two Democrats – Jim McDermott and Adam B Schiff – and one Republican, Ileana Ros-Lehtinen.

As in 2011 and 2013, the bill has been referred to three House Committees: Judiciary, Energy and Commerce, and Armed Services.

Back in 2013, the Positive Justice Project produced an excellent toolkit that provides advocates with resources which “can be used in outreach efforts, including a guide for letter writing campaigns, calling your representative’s state and Washington D.C. offices, or meeting with your representative or the representative’s legislative staff.”

If you’re in the US, you can also show Congress that you support this bill at: https://www.popvox.com/bills/us/114/hr1586

Alabama

On April 1, 2015 the House Judiciary Committee of the Alabama Legislature held a hearing on HB 50, proposed by Democrat Representative Juandalynn Givan, that would increase the penalty for exposure or transmission of a sexually transmitted infection from a class C misdemeanour (punishable by up to 3 months in jail and a $500 fine) to a class C felony (punishable by up to 10 years in prison).

Representative Givan was apparently inspired to propose the bill after reading about a pastor in Montgomery, Alabama, who admitted in an October 2014 sermon that he was living with HIV and engaging in sex with women in his congregation without having disclosed his status.  (He wasn’t prosecuted, but appears to have lost his job, as of the last news report in December 2014.)

In an interview in March 2015, she told AL.com that Alabama is one of only 16 states in the nation where it is a misdemeanour rather than a felony to ‘knowingly expose another person to a sexually transmitted disease’.

“What this bill is about is responsibility and accountability…The aim of this bill is not to punish those people with a sexually transmitted disease but to hold those people accountable,” that knowingly transmit dangerous illnesses to other people.

Some of the testimony before the House Judiciary Committee – most of it against the bill – is reported (rather poorly) in the Alabama Political Reporter.

Before the hearing began, the Positive Justice Project Steering Committee sent a powerful letter to the members of the House Judiciary Committee, voicing their strong opposition to the bill.

Medical experts and public health officials agree that criminalizing the conduct of people living with HIV does nothing to decrease the rates of infection, and may actually deter conduct and decisions that reduce disease transmission. Consequently, the American Medical Association, HIVMA, ANAC, and NASTAD have issued statements urging an end to the criminalization of HIV and other infectious diseases. Notably, the U.S. Department of Justice recently issued “Best Practices Guide to Reform HIV-Specific Criminal Laws,” which counsels states to end felony prosecutions of people living with HIV as contrary to the relevant science and national HIV prevention goals.

The bill remains with the House Judiciary Committee, but seems unlikely to be passed given that there are no co-sponsors.

Missouri

On March 10th, Republican Representative Travis Fitzwater introduced HB 1181, which proposed adding ‘spitting whilst HIV-positive’ to Missouri’s (already overly draconian) current HIV-specific criminal statute.

It is unclear what caused Rep Fitzwater to introduce the bill.  However, advocacy against it was swift, with the local chapters of both ACLU and Human Rights Campaign, and Missouri-based HIV advocate, Aaron Laxton, planning to testify against it within days of it being introduced.

Although the bill was scheduled for a public hearing before the Civil and Criminal Proceedings Committee on April 7th, the community’s quick response meant the bill was not heard. According to Laxton, “within a matter of hours every member of the Civil and Criminal Proceedings Committee has received calls, emails, tweets and messages from many people” against the bill.

The proposed bill now appears to be dead, and advocacy in Missouri is now focused on modernising the existing HIV-specific law (which includes criminalising biting whilst HIV-positive) to take into account the latest science around HIV risk and harm.

Rhode Island

On February 24th, Republican Representative Robert Nardolillo introduced a new HIV-specific criminal law (H 5245) that would have criminalised HIV non-disclosure in the state for the first time.

In an interview with Zack Ford on thinkprogress.org, Rep Nardolillo said that as a survivor of sexual abuse he was surprised to discover that Rhode Island law does not allow for harsh enough penalties if HIV is passed on during a sexual assault.

However, although his proposed bill created a felony when someone with HIV “forcibly engages in sexual intercourse,” it also criminalised when someone “knowingly engages in sexual intercourse with another person without first informing that person of his/her HIV infection.”

The entire hearing before the Rhode Island House Judiciary Committee was captured on video, and an excellent blog post by Steve Ahlquist on RIFuture.org highlighted both Rep Nardolillo’s ignorance of the potential harms of the bill, and the sustained and powerful testimonies against the bill from public health experts, people living with HIV and HIV NGOs alike.

Ahlquist concludes, “In the face of such strong opposition, it seems extremely unlikely that this legislation will advance out of committee.”

All testimonies are available to view in short video clips on the blog. You can also read the written testimony of the AIDS Law Project of the Gay & Lesbian Advocates & Defenders (GLAD) here.

Texas

On February 25, Republican Senator Joan Huffman introduced SB 779, which would essentially have created an HIV-specific criminal law by the back door.

Texas repealed its previous HIV-specific criminal law in 1994 and uses general criminal statutes, including attempted murder and aggravated assault, for potential or perceived HIV exposure and alleged HIV transmission cases.

According to the Advocacy Without Borders blog, “SB 779  proposes to amend the state Health and Safety Code to allow for HIV test results (which are currently confidential) to be subpoenaed during grand jury proceedings – and for a defendant’s medical records to be accessed without their consent to establish guilt/innocence and also potentially to be used to determine sentencing. Essentially, this bill proposes to criminalize having HIV.”

The proposed law, and a number of other proposed HIV-related laws, was also critiqued in a Dallas Voice article highlighting the opinion of Januari Leo, who works with Legacy Community Health Service.

Leo, a longtime social worker who has worked with clients living with HIV, is blunt about the three bills: “They would criminalize HIV. HIV isn’t a crime. It’s a public health problem…These new bills use HIV status as a crime, against people who are suspects in a crime but have yet to be proven guilty. They’re allowing prosecutors to use private medical records, as mandated under HIPPA, as a weapon.”

Although it was considered in a public hearing before the State Affairs Committee on April 16, it now appears to be dead.