Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2020 or the REPEAL HIV Discrimination Act of 2020
This bill concerns the burdens that federal and state laws, policies, and regulations may place upon people living with human immunodeficiency virus (HIV).
The bill directs the Department of Justice (DOJ), the Department of Health and Human Services (HHS), and the Department of Defense (DOD) to initiate a national review of federal (including military) and state laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV. DOJ must transmit to Congress and make publicly available the results of such review with related recommendations.
DOJ and HHS must (1) develop and publicly release guidance and best practice recommendations for states, and (2) establish an integrated monitoring and evaluation system to measure state progress.
DOJ, HHS, and DOD must transmit to the President and Congress any proposals necessary to implement adjustments to federal laws, policies, or regulations.
This bill shall not be construed to discourage the prosecution of individuals who intentionally transmit or attempt to transmit HIV to another individual.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6054 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6054
To modernize laws and policies, and eliminate discrimination, with
respect to people living with HIV/AIDS, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 2, 2020
Ms. Lee of California (for herself, Mr. Khanna, Ms. Jackson Lee, Mr.
Cicilline, Mrs. Watson Coleman, Mr. Payne, Ms. Haaland, Mr. Swalwell of
California, Mr. Foster, Mr. Grijalva, Mr. Schiff, Mr. Nadler, Ms.
McCollum, Mr. Kilmer, Mr. Hastings, Mr. Johnson of Georgia, Ms. Moore,
Mr. Panetta, Mr. Price of North Carolina, Mr. Crist, Mr. Pocan, Mr.
McGovern, Ms. Wasserman Schultz, Ms. Norton, Ms. Bass, Mr. Lewis, Mr.
Quigley, Ms. Kelly of Illinois, Ms. Meng, Ms. Schakowsky, and Mr.
Blumenauer) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Energy
and Commerce, and Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To modernize laws and policies, and eliminate discrimination, with
respect to people living with HIV/AIDS, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repeal Existing Policies that
Encourage and Allow Legal HIV Discrimination Act of 2020'' or the
``REPEAL HIV Discrimination Act of 2020''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) At present, 34 States and 2 United States territories
have criminal statutes based on perceived exposure to HIV,
rather than behaviors motivated by an intent to harm,
presenting a significant risk of transmission and resulting in
actual transmission of HIV to another. Eleven States have HIV-
specific laws that make spitting or biting a felony, even
though it is not possible to transmit HIV via saliva. Twenty-
four States require persons who are aware that they have HIV to
disclose their status to sexual partners, regardless of whether
they are non-infectious. Fourteen of these 24 States also
require disclosure to needle-sharing partners. Twenty-five
States criminalize one or more behaviors that pose a low or
negligible risk for HIV transmission.
(2) HIV-specific criminal laws are classified as felonies
in 28 States; in three States, a person's exposure to another
to HIV does not subject the person to criminal prosecution for
that act alone, but may result in a sentence enhancement.
Eighteen States impose sentences of up to 10 years per
violation; seven impose sentences between 11 and 20 years; and
five impose sentences of greater than 20 years.
(3) When members of the Armed Forces acquire HIV, they are
issued orders that require them to disclose and use a condom
under all circumstances including when the known risk of
transmission is zero. Failure to disclose can result in
prosecution under the Uniform Code of Military Justice (UCMJ).
(4) The number of prosecutions, arrests, and instances
where HIV-based charges are used to induce plea agreements is
unknown. Because State-level prosecution and arrest data are
not readily available in any national legal database, the
societal impact of these laws may be underestimated and most
cases that go to trial are not reduced to written, published
opinions.
(5) State and Federal criminal law does not currently
reflect the three decades of medical advances and discoveries
made with regard to transmission and treatment of HIV/AIDS.
(6) According to CDC, correct and consistent male or female
condom use is very effective in preventing HIV transmission.
However, most State HIV-specific laws and prosecutions do not
treat the use of a condom during sexual intercourse as a
mitigating factor or evidence that the defendant did not intend
to transmit HIV.
(7) Criminal laws and prosecutions do not take into account
the benefits of effective antiretroviral medications, which
suppress the virus to extremely low levels and further reduce
the already low risk of transmitting HIV to near zero.
(8) In addition to HIV-specific criminal laws, general
criminal laws are often misused to prosecute people based on
their HIV status. Although HIV, and even AIDS, currently is
viewed as a treatable, chronic, medical condition, people
living with HIV have been charged under aggravated assault,
attempted murder, and even bioterrorism statutes because
prosecutors, courts, and legislators continue to view and
characterize the blood, semen, and saliva of people living with
HIV as a ``deadly weapon''.
(9) Multiple peer-reviewed studies demonstrate that HIV-
specific laws do not reduce risk-taking behavior or increase
disclosure by people living with or at risk of HIV, and there
is increasing evidence that these laws reduce the willingness
to get tested. Furthermore, placing legal responsibility for
preventing the transmission of HIV and other pathogens that can
be sexually transmitted exclusively on people diagnosed with a
sexually transmitted infection undermines the public health
message that all people are responsible for practicing
behaviors that protect themselves from HIV and other sexually
transmitted infections. Unfortunately, some State laws create
an expectation of disclosure work against public health
communication and discourage risk-reduction measures that could
prevent transmission as a result of those who are acutely
infected and unaware of their status.
(10) The identity of an individual subject to an HIV-based
prosecution is broadcast through media reports, potentially
destroying employment opportunities and relationships and
violating the person's right to privacy.
(11) Individuals who are convicted after an HIV-based
prosecution often must register as sex offenders even in cases
involving consensual sexual activity. Their employability is
destroyed, and their family relationships are fractured.
(12) The United Nations, including the Joint United Nations
Programme on HIV/AIDS (UNAIDS), urges governments to ``limit
criminalization to cases of intentional transmission.'' This
requirement would limit prosecutions to situations ``where a
person knows his or her HIV-positive status, acts with the
intention to transmit HIV, and does in fact transmit it''.
UNAIDS also recommends that criminal law should not be applied
to cases where there is no significant risk of transmission.
(13) In 2010, the Federal Government released the first
ever National HIV/AIDS Strategy (NHAS), which addressed HIV-
specific criminal laws, stating: ``While we understand the
intent behind these laws, they may not have the desired effect
and they may make people less willing to disclose their status
by making people feel at even greater risk of discrimination.
In some cases, it may be appropriate for legislators to
reconsider whether existing laws continue to further the public
interest and public health. In many instances, the continued
existence and enforcement of these types of laws run counter to
scientific evidence about routes of HIV transmission and may
undermine the public health goals of promoting HIV screening
and treatment.''. The NHAS also states that State legislatures
should consider reviewing HIV-specific criminal statutes to
ensure that they are consistent with current knowledge of HIV
transmission and support public health approaches to preventing
and treating HIV.
(14) The Global Commission on HIV and the Law was launched
in June 2010 to examine laws and practices that criminalize
people living with and vulnerable to HIV and to develop
evidence-based recommendations for effective HIV responses. The
Commission calls for ``governments, civil society and
international bodies to repeal punitive laws and enact laws
that facilitate and enable effective responses to HIV
prevention, care and treatment services for all who need
them''. The Commission recommends against the enactment of
``laws that explicitly criminalize HIV transmission, exposure
or non-disclosure of HIV status, which are counterproductive''.
(15) In February 2019, the Department of Health and Human
Services (HHS) launched ``Ending the HIV Epidemic: A Plan for
America,'' a new initiative with an ambitious goal to end the
domestic HIV epidemic in ten years by reducing new cases of HIV
by 75 percent by 2025 and by 90 percent by 2030. In this plan,
HHS notes that stigma ``can be a debilitating barrier
preventing people living with, or at risk for, HIV from
receiving the health care, services, and respect they need and
deserve.'' Many of the States and jurisdictions identified as a
priority for the first five years of the plan have stigma-based
criminal statutes for perceived exposure to HIV. These statutes
run counter to the goals of this new initiative and stand in
the way of ending the domestic HIV epidemic.
SEC. 3. SENSE OF CONGRESS REGARDING LAWS OR REGULATIONS DIRECTED AT
PEOPLE LIVING WITH HIV.
It is the sense of Congress that Federal and State laws, policies,
and regulations regarding people living with HIV--
(1) should not place unique or additional burdens on such
individuals solely as a result of their HIV status; and
(2) should instead demonstrate a public health-oriented,
evidence-based, medically accurate, and contemporary
understanding of--
(A) the multiple factors that lead to HIV
transmission;
(B) the relative risk of demonstrated HIV
transmission routes;
(C) the current health implications of living with
HIV;
(D) the associated benefits of treatment and
support services for people living with HIV; and
(E) the impact of punitive HIV-specific laws,
policies, regulations, and judicial precedents and
decisions on public health, on people living with or
affected by HIV, and on their families and communities.
SEC. 4. REVIEW OF FEDERAL AND STATE LAWS.
(a) Review of Federal and State Laws.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Attorney General, the Secretary
of Health and Human Services, and the Secretary of Defense
acting jointly (in this section referred to as the ``designated
officials'') shall initiate a national review of Federal and
State laws, policies, regulations, and judicial precedents and
decisions regarding criminal and related civil commitment cases
involving people living with HIV/AIDS, including in regard to
the Uniform Code of Military Justice (UCMJ).
(2) Consultation.--In carrying out the review under
paragraph (1), the designated officials shall seek to include
diverse participation from, and consultation with, each of the
following:
(A) Each State.
(B) State attorneys general (or their
representatives).
(C) State public health officials (or their
representatives).
(D) State judicial and court system officers,
including judges, district attorneys, prosecutors,
defense attorneys, law enforcement, and correctional
officers.
(E) Members of the United States Armed Forces,
including members of other Federal services subject to
the UCMJ.
(F) People living with HIV/AIDS, particularly those
who have been subject to HIV-related prosecution or who
are from minority communities whose members have been
disproportionately subject to HIV-specific arrests and
prosecution.
(G) Legal advocacy and HIV/AIDS service
organizations that work with people living with HIV/
AIDS.
(H) Nongovernmental health organizations that work
on behalf of people living with HIV/AIDS.
(I) Trade organizations or associations
representing persons or entities described in
subparagraphs (A) through (G).
(3) Relation to other reviews.--In carrying out the review
under paragraph (1), the designated officials may utilize other
existing reviews of criminal and related civil commitment cases
involving people living with HIV, including any such review
conducted by any Federal or State agency or any public health,
legal advocacy, or trade organization or association if the
designated officials determines that such reviews were
conducted in accordance with the principles set forth in
section 3.
(b) Report.--Not later than 180 days after initiating the review
required by subsection (a), the Attorney General shall transmit to the
Congress and make publicly available a report containing the results of
the review, which includes the following:
(1) For each State and for the UCMJ, a summary of the
relevant laws, policies, regulations, and judicial precedents
and decisions regarding criminal cases involving people living
with HIV, including the following:
(A) A determination of whether such laws, policies,
regulations, and judicial precedents and decisions
place any unique or additional burdens upon people
living with HIV.
(B) A determination of whether such laws, policies,
regulations, and judicial precedents and decisions
demonstrate a public health-oriented, evidence-based,
medically accurate, and contemporary understanding of--
(i) the multiple factors that lead to HIV
transmission;
(ii) the relative risk of HIV transmission
routes, including that a person that has an
undetectable viral load cannot transmit the
disease;
(iii) the current health implications of
living with HIV;
(iv) the current status of providing
protection to people who engage in survival sex
work against whom condom possession has been
used as evidence to intent to commit a crime;
(v) States that have the classification of
mandatory sex offenders;
(vi) the associated benefits of treatment
and support services for people living with
HIV; and
(vii) the impact of punitive HIV-specific
laws and policies on public health, on people
living with or affected by HIV, and on their
families and communities, including people who
are in abusive, dependent, violent, and non-
consensual relationships and are unable to both
negotiate the use of condoms and status
disclosure.
(C) An analysis of the public health and legal
implications of such laws, policies, regulations, and
judicial precedents and decisions, including an
analysis of the consequences of having a similar penal
scheme applied to comparable situations involving other
communicable diseases.
(D) An analysis of the proportionality of
punishments imposed under HIV-specific laws, policies,
regulations, and judicial precedents, taking into
consideration penalties attached to violation of State
laws against similar degrees of endangerment or harm,
such as driving while intoxicated (DWI) or transmission
of other communicable diseases, or more serious harms,
such as vehicular manslaughter offenses.
(2) An analysis of common elements shared between State
laws, policies, regulations, and judicial precedents.
(3) A set of best practice recommendations directed to
State governments, including State attorneys general, public
health officials, and judicial officers, in order to ensure
that laws, policies, regulations, and judicial precedents
regarding people living with HIV are in accordance with the
principles set forth in section 3.
(4) Recommendations for adjustments to the UCMJ, including
discontinuing the use of a service member's HIV diagnosis as
the basis for prosecution, enhanced penalties, or discharge
from military service, in order to ensure that laws, policies,
regulations, and judicial precedents regarding people living
with HIV are in accordance with the principles set forth in
section 3. Such recommendations should include any necessary
and appropriate changes to ``Orders to Follow Preventative
Medicine Requirements''.
(c) Guidance.--Within 90 days of the release of the report required
by subsection (b), the Attorney General and the Secretary of Health and
Human Services, acting jointly, shall develop and publicly release
updated guidance for States based on the set of best practice
recommendations required by subsection (b)(3) in order to assist States
dealing with criminal and related civil commitment cases regarding
people living with HIV.
(d) Monitoring and Evaluation System.--Within 60 days of the
release of the guidance required by subsection (c), the Attorney
General and the Secretary of Health and Human Services, acting jointly,
shall establish an integrated monitoring and evaluation system which
includes, where appropriate, objective and quantifiable performance
goals and indicators to measure progress toward statewide
implementation in each State of the best practice recommendations
required in subsection (b)(3).
(e) Modernization of Federal Laws, Policies, and Regulations.--
Within 90 days of the release of the report required by subsection (b),
the designated officials shall develop and transmit to the President
and the Congress, and make publicly available, such proposals as may be
necessary to implement adjustments to Federal laws, policies, or
regulations, including to the Uniform Code of Military Justice, based
on the recommendations required by subsection (b)(4), either through
Executive order or through changes to statutory law.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to discourage the
prosecution of individuals who intentionally transmit or attempt to
transmit HIV to another individual.
SEC. 6. NO ADDITIONAL APPROPRIATIONS AUTHORIZED.
This Act shall not be construed to increase the amount of
appropriations that are authorized to be appropriated for any fiscal
year.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) HIV and hiv/aids.--The terms ``HIV'' and ``HIV/AIDS''
have the meanings given to them in section 2689 of the Public
Health Service Act (42 U.S.C. 300ff-88).
(2) State.--The term ``State'' includes the District of
Columbia, American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, and the United States
Virgin Islands.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line