The Center for HIV Law and Policy

Suttle v New York, Amicus Brief, NY Court of Appeals, CHLP (2022)

admin — Tue, 10 Jan 2023 18:47:29 +0000

On December 22, 2022, CHLP filed an amicus brief with the Court of Appeals, the highest court in New York State, asking the court to hear the appeal of Robert Suttle, a Black gay man living with HIV. Suttle is asking the Court of Appeals to reverse the lower court’s ruling requiring him to register as a sex offender in New York due to his conviction under draconian and discriminatory Louisiana laws.

In its filing, CHLP argues that enforcing these laws constitutes discrimination against people living with HIV -– a violation of the Americans with Disabilities Act (ADA) and well-established public policy in New York state. Suttle’s case is emblematic of the ways in which people living with HIV are targeted for punishment for engaging in consensual conduct that not only would not be criminalized except for their HIV status but also carries no actual scientific risk of transmission.

This appeal to the highest court in New York is due to the ongoing advocacy of lead attorney Loraca Morello, attorney Richard Joselson, and the New York Legal Aid Society, as well as the tireless advocacy of Robert Suttle himself, as he tries not only to correct the injustices of his own case but to ensure it doesn’t happen to anyone else.

Files
Suttle v New York, Amicus Brief, NY Court of Appeals, CHLP (2022) 1.19 MB

Letter to Pennsylvania Governor Tom Wolf in Opposition to HB 103, CHLP (2022)

admin — Mon, 07 Nov 2022 12:17:16 +0000

On November 2, 2022, CHLP sent a letter to Pennsylvania Governor Tom Wolf urgently requesting that he veto HB 103. The legislation creates two new, unnecessary, and broadly applicable felony offenses and subjects people with communicable diseases to harsh penalties. These penalties will further discourage people from connecting to testing and care by criminalizing their health status. The bill also needlessly criminalizes conduct that cannot result in the transmission of HIV.

CHLP also asked that Governor Wolf agree to meet with CHLP, Positive Women's Network-USA, and local advocacy groups and pledge to end the criminalization of people living with HIV in Pennsylvania. Unfortunately, Governor Wolf signed HB 103 into law on November 3, 2022.

Files
Letter of Opposition to HB 103 to PA Governor Wolf, CHLP 2022 509.86 KB

New York State Assembly Bill 3864, Assemblymember Linda B. Rosenthal (January 28, 2021)

admin — Mon, 31 Oct 2022 22:02:58 +0000

New York State Assembly Bill 3864 -- the first of its kind in the nation -- will require licensed health care providers to complete training in sexual health, including how to talk to patients about sex, STIs and HIV. Experts believe that this kind of training is needed to address the mistrust and discrimination that communities hit hardest by HIV and STIs continue to experience.

CHLP helped draft A3864 and it was introduced in January 2021 by Assemblymember Linda Rosenthal. The bill seeks to encourage and strengthen the relationship between patients and providers, especially marginalized patients who might be worried about the collateral legal consequences to an HIV diagnosis, and might be worried about how an HIV diagnosis would change their lives, affect their romantic and sexual relationships, affect their immigration or asylum status, or affect every aspect of their lives. Encouraging and strengthening those relationships between patients and providers, can help bring all patients into an affirming and competent health care system.

Files
New York Assembly Bill 3864, New York State Assemblymember Linda B. Rosenthal (January 28, 2021) 93 KB

Routes, Risks, and Realities of Infectious Disease Transmission, Prevention, & Care: Information & Resources for NYC Prosecutors & Law Enforcement Professionals, CHLP et al (2022)

admin — Mon, 24 Oct 2022 18:54:16 +0000

In 2021, major prosecutors and their representatives from the five New York City boroughs gathered with public health officials from the NYC Department of Health and Mental Hygiene to discuss issues, concerns, and updated scientific data on HIV and infectious diseases. The product of the convening and ensuing discussions resulted in this reference sheet by CHLP and the Association of Prosecuting Attorneys that encapsulates basic information about the mechanisms of infectious disease transmission, prevention, and treatment to assist prosecutors and other law enforcement professionals to make informed decisions in cases that may involve HIV or other infectious diseases.

Files
Routes, Risks, and Realities of Infectious Disease Transmission, Prevention, & Care Information & Resources for NYC Prosecutors & Law Enforcement Professionals, CHLP et al (2022).pdf 488.58 KB

The PJP Update, Positive Justice Project (September 2022)

admin — Mon, 12 Sep 2022 15:49:19 +0000

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White House Office of National AIDS Policy Hosts Historic Prosecutor Roundtable on HIV Criminal Law

On June 30, CHLP and the Association of Prosecuting Attorneys (APA) in partnership with the White House Office of National AIDS Policy (ONAP), convened nearly 50 state prosecutors, attorneys general, federal officials, and national infectious disease experts at the White House to consider concrete ways to modernize state criminal laws and the criminal justice response to HIV-specific criminal laws. This historic White House convening was hosted and led by ONAP Director Harold Phillips and included discussions and presentations on the scientific advancements in the treatment of infectious diseases and provided data on state laws and enforcement of so-called HIV exposure crimes across the country.

The remarkable gathering produced, among other things, commitments from prosecutors and state health department officials to collaborate on health-based solutions; plans to participate in a follow-up meeting to keep moving the ball forward; and commitments from prosecutors to review laws and consider guidance to limit prosecutions. This meeting was part of a multi-year effort by CHLP to end criminal law responses to HIV and infectious diseases; CHLP and APA collaboratively launched the National Prosecutor Roundtable Project on HIV and the Law several years ago. “The White House meeting exceeded everyone’s expectations and is a testament to the importance of working across aisles and disciplines and without assumptions about who is or isn’t a potential partner,” observed Catherine Hanssens, CHLP’s Founding Executive Director. Read more...

CHLP Announces Leadership Change with S. Mandisa Moore-O'Neal to Become Executive Director

In July, CHLP announced that S. Mandisa Moore-O'Neal will assume the role of Executive Director in October of this year. At that time, Catherine Hanssens, CHLP’s Founder and Executive Director of 16 years, will step into the newly created role of Chief Strategy Advisor. Hanssens is widely recognized as one of the country’s leading experts on HIV legal and policy issues, and for playing a leading role in launching the HIV decriminalization movement in the U.S. Moore-O’Neal is a Black Feminist, cultural and political strategist, facilitator, and thought partner for grassroots organizations, coalitions, and initiatives that are interested in transforming conflict and confronting and shifting power and oppression. “Mandisa is exactly the right leader at the right time – incredibly smart, wise, brave, and dedicated to real systemic change that people can see and benefit from,” said Hanssens. Read more...

CHLP Attends AIDS 2022 in Montréal, presents at U=U Global Summit

On July 28, the first one-day U=U Global Summit was held in Montréal as a virtual and in-person prequel to the 24th International AIDS Conference (AIDS 2022). Hosted by the International AIDS Society, AIDS 2022 brings together scientists, policymakers, and activists with the goal of improving human dignity for all people living with and affected by HIV. While the costs of attending the conference are prohibitive for the vast majority of advocates, CHLP’s Catherine Hanssens and incoming Executive Director S. Mandisa Moore-O’Neal were invited to attend as part of two initiatives: the Prevention Access Campaign’s U=U initiative and AIDS United’s Southern Impact Fund.

As U=U and a better understanding of how HIV infection is both treated and prevented continue to grow, the summit shared successes and challenges of the U=U message on a global scale. Summit speakers assessed structural barriers that frame health outcomes for PLHIV worldwide, including inequity in access to treatment and testing, persistent stigma associated with HIV, and related discrimination. CHLP’s Catherine Hanssens took part in the conversation, addressing the limits of U=U’s role in legal and policy advocacy. In her presentation, she discussed how efforts to reform HIV criminal laws should not rely on viral load and the extent to which PLHIV can access effective health care services.

Viral load reliance also can perpetuate broad misunderstanding that HIV without treatment is still a relatively difficult virus to transmit. Individuals living with other criminalized diseases that are far more easily transmitted, such as Hepatitis C, could be harmed by reliance on a U=U viral load approach to law reform. Perhaps most importantly, even without structural barriers preventing many populations from becoming virally suppressed, an individual’s health status should never be a potential negative factor in determining criminal guilt. Hanssens argued that reform efforts should focus on “intent to harm” in addition to acknowledging that HIV itself is not the “harm” many still believe it to be – rather, it is a manageable chronic illness with a limited impact on quality and length of life. She pointed out that the two biggest problems with all disease-specific criminal laws and prosecutions in the U.S. and beyond are that they focus on disclosure rather than intent; and that the sentences and penalties are out of proportion to the harm caused and the many options widely available for sexually-active persons to protect themselves against infection. Recordings from the conference will be made available to the general public starting October 4, 2022.

Moore-O’Neal attended the main AIDS 2022 conference, where she participated in discussions concerning grassroots responses to the HIV epidemic in South Africa, Brazil, Kenya, Uganda, Colombia, and India. The perspectives of advocates from around the world place CHLP’s work against HIV criminalization within the context of the global struggle for justice for PLHIV. Moore-O’Neal was one of 24 advocates from across the Deep South selected to attend AIDS 2022 through AIDS United’s Southern Impact Fund.

State Advocacy Working Group Updates

Most states are not currently in legislative session but state advocates continue to meet and strategize around HIV criminal law reform.

Arkansas
The Arkansas HIV Reform Initiative (AHRI) continues to meet and strategize around HIV criminal law reform, community education, and coalition-building. Meetings are held on the second Thursday of the month at 11:00am (CT). To get involved, contact Eric Reece at eric.reece@hrc.org.

Georgia

In May, Georgia became the most recent state to amend its HIV criminal laws. For more information on the law’s implications, see CHLP analysis, HIV Criminal Law Reform, Before and After: Georgia. For more information about the Georgia HIV Justice Coalition contact the coalition co-chairs Eric Paulk at eric@georgiaequality.org and Malcolm Reid at malcolm@thrivess.org.

Indiana
On August 30, the Indiana legislature’s Interim Study Committee on Corrections and Criminal Code met with doctors and advocates to discuss reforming the state’s HIV-specific criminal laws at the Indiana State Capitol. Earlier this year, the committee was tasked with reviewing laws that criminalize HIV. At the meeting, speakers addressed how the current laws, which criminalize spitting and biting, are based on outdated scientific knowledge about how HIV is transmitted and, as a result, do little to prevent transmission and instead promote stigma and discrimination. HIV Modernization Movement-Indiana (HMM) chair Dr. Carrie Foote urged lawmakers to reform the laws so that they are based on intent to cause harm and not a person’s HIV status. Foote pointed to recent serious communicable disease challenges, including Syphilis, COVID-19, and monkeypox, where public health is being protected without the involvement of criminal laws. Click here to watch a video of the proceedings. The meeting and the committee’s subsequent recommendations could open the door to reform during Indiana’s next legislative session in January.

To get involved in advocacy with HMM, contact Carrie Foote at foote@iupui.edu or hmm.indiana@gmail.com, or visit the coalition’s website.

Louisiana
The Louisiana Coalition on Criminalization and Health (LCCH) is on the verge of hiring its first part-time administrative coordinator, which will add much-needed capacity as they increase base-building and political education work. The coalition continues to meet on the second Wednesday of the month. If you are interested in getting involved, contact lcchinfo@gmail.com.

Mississippi
To get involved with the Mississippi HIV Decrim Network, please email health@mscenterforjustice.org.

Nevada
Following the successful passage of Senate Bill 275 last summer, the Nevada HIV Modernization Coalition is monitoring the implementation of the new law. For more information on the bill, see CHLP’s analysis: Nevada Passes Law Reforming HIV Criminal Laws. To get involved, contact co-chair Connie Shearer at connieroseshearer@gmail.com.

Ohio
The Ohio Health Modernization Movement (OHMM) and plans to introduce draft legislation early next year. OHMM meetings are held every other month on the third Monday 6:00pm (ET). For more information, contact ohmminfo@equalityohio.org or visit OHMM’s website.

Southern States
The Southern HIV Decriminalization Network shares information about the work of state groups in the South to reform their laws and reports on developments of interest to the group. Calls are held on the fourth Thursday of the month at 3:00pm (ET). To join, contact Charles Stephens at charles.stephens@counternarrative.org.

Tennessee
Tennessee HIV Modernization Coalition co-chair Robin Lennon-Dearing is a co-author of the new report published by The Williams Institute, Enforcement of HIV Criminalization in Tennessee. The Tennessee report is the first of its kind to analyze enforcement data relating to how sex offender registries (SOR) affect PLHIV criminalized because of their status.

Thanks to Lennon-Dearing, Nathan Cisneros, and The Williams Institute, we now know that the majority of people (51%) on the Tennessee SOR because of an HIV-related conviction were convicted of “aggravated prostitution.” This law targeting sex workers living with HIV imposes a Class C felony penalty on PLHIV who “engage in sexual activity as a business or are an inmate in a house of prostitution, or loiter in a public place for the purpose of being hired to engage in sexual activity.”

Other important data points from the Tennessee report:

Nearly half (46%) of the SOR’s HIV registrants were women, even though women only account for 26% of PLHIV in Tennessee.
Over 75% of all HIV registrants are Black. On the SOR, the majority (57%) of aggravated prostitution registrants are Black women.
- "...a Black woman was 290 times more likely to be on the registry for an HIV conviction than a white man. Black men were about 10 times more likely to be on the SOR for an HIV conviction than white men, and white women were 28 times more likely to be on the SOR for HIV conviction than white men."

The Tennessee HIV Modernization Coalition continues to build its community-driven, state-level campaign. To learn more and register for coalition meetings, visit their website or contact Robin Lennon-Dearing at rlnnndrn@memphis.edu. The coalition meets on the second Wednesday of every month at 10:00am (CT).

Washington
Since the Washington State Board of Health adopted regulations implementing a revised law affecting the criminalization of people living with HIV, it continues to be important to monitor how they are implemented. The Washington HIV Justice Alliance meets every other Monday at 11:00am (PT). To get involved, contact Dallas at dallasnsan@aol.com.

CHLP’s assistance in cases includes counseling defendants and their families, providing legal and trial strategy support to criminal defense attorneys, identifying and assisting with the preparation of medical and scientific experts, drafting sections of court submissions, and submitting friend-of-the-court briefs.

New York
An appeal of the July 2021 decision denying Nushawn Williams’ annual review petition to be released from civil confinement was filed in early August 2022. CHLP is continuing to work with Nushawn’s appellate attorney, with the attorney appointed to represent him at his next annual review, and with the Free Nushawn Coalition which spearheads informal advocacy in New York on Nushawn’s behalf. We urge all New Yorkers to continue to reach out to NY Attorney General Letitia James, and to their other elected representatives at the local and state level to express outrage at Nushawn’s continued confinement. New Yorkers interested in joining the Free Nushawn Coalition should contact Amir Sadeghi at asadeghi@hivlawandpolicy.org.

If you are aware of anyone charged in an HIV exposure or transmission case, please refer them or their lawyer to CHLP for assistance at 212-430-6733 or pjp@hivlawandpolicy.org.

Enforcement of HIV Criminalization in Tennessee, The Williams Institute, UCLA School of Law (2022)

admin — Wed, 13 Jul 2022 17:09:03 +0000

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This report from The Williams Institute presents data from Tennessee about people with an HIV-related conviction who were placed on the state’s sex offender registry (SOR). This is the latest in a series of reports on HIV criminal laws from the Williams Institute and provides a picture of how Tennessee’s laws are being enforced.

Tennessee has two main HIV criminalization laws: aggravated prostitution and a criminal exposure law, but a conviction of either can place someone on Tennessee's sex offender registry (SOR). Consistent with previous Williams Institute findings on this topic in other states, the study found that Black men and women are overrepresented in HIV-related arrests. While Black people account for 75% of those on the registry for HIV-related offenses, they represent only 56% of the state's overall population of people living with HIV. Notably, Black women are 290 times more likely to be on the registry for an HIV conviction than white men.

The report also provides detailed information from Shelby County (Memphis) on the HIV-related convictions of SOR registrants. The data shows that sex workers were convicted of HIV crimes far more aggressively in Shelby County when compared to similar cities. These convictions were predominantly Black women.

Files
Enforcement of HIV Criminalization in Tennessee, The Williams Institute, UCLA School of Law (2022) 3.41 MB

The PJP Update, Positive Justice Project (June 2022)

admin — Wed, 29 Jun 2022 15:41:08 +0000

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CHLP joins Well Project on UCSF/National Clinician Consultation Center’s Panel on Infant Feeding for Parents Living with HIV

On May 24, CHLP’s Catherine Hanssens joined our partners at The Well Project at a roundtable for healthcare providers on the intersection of maternal and infant health and breastfeeding for birthing parents living with HIV. The panel had more than 160 attendees, primarily health care providers. Topics included the research and guidance landscape on breastfeeding and HIV, the importance of informed decision-making on infant feeding and a parent’s right to control those decisions, and implications for ongoing work and practice. Hanssens joined the Well Project again on June 14 for a Leadership Exchange LIVE webinar on breastfeeding, HIV and criminalization. The Well Project Leadership Exchange is a series that brings together thought leaders in the HIV community to explore one another’s work, activism, and personal experiences.

The Elizabeth Taylor AIDS Foundation (ETAF) presents “Night Over America”

On May 17 in Washington DC, CHLP’s Catherine Hanssens attended the ETAF presentation of “Night Over America,” a play about real-life narratives of those who've been legally persecuted for their HIV status. The play starred Christine Lahti, Mia Lozada, Josh Stamberg, and Justin Weaks. Following the play, Candice Adkins-Wilson moderated a panel featuring Robert Egan, Senator Dallas Harris of Nevada’s 11th District, Robert Suttle of the Health Not Prisons Collective, and Director of the White House Office of National AIDS Policy, Harold Phillips.

HIV Criminalization in Focus for SisterLove Legislative Day of Action

On March 24, CHLP presented on HIV criminalization alongside Georgia Equality and the Sero Project for SisterLove’s Legislative Day of Action. SisterLove is the oldest women-centered HIV and sexual and reproductive justice advocacy organization in Atlanta and the Southeast. The sessions focused primarily on HIV decriminalization, maternal health, abortion rights, disability justice, and housing justice.

International Women’s Day Webinar by OHMM Looks at the Criminalization of Women Living with HIV

On March 8, for International Women's Day, CHLP’s Amir Sadeghi and Naimah O'Neal of Circle Health Service were featured speakers in a webinar entitled, Mythbusting: The incarceration of women living with HIV. Hosted by the Ohio Health Modernization Movement, the webinar looks at how race, gender, class, and stigma contribute to the rising numbers of women incarcerated for crimes related to their HIV status in Ohio and across the country.

Piedmont Health Services Week of Prayer Webinar Examines HIV Laws and Criminalization in North Carolina

On March 8, CHLP joined Pastor William Francis and J. Donte Prayer of the NC AIDS Action Network in a webinar about HIV Criminalization in North Carolina. This webinar was part of a weeklong series of events hosted by Piedmont Health Services and Sickle Cell Agency during their Week of Prayer for the Healing of AIDS.

CHLP and Advocates Meet with ONAP on HIV Criminalization Laws

On January 25, CHLP’s Catherine Hanssens joined the White House’s Office of National AIDS Policy (ONAP) and Director Harold Phillips for a listening session on HIV criminalization laws. Organizations represented included the CHLP, NASTAD, the O’Neill Institute, the Transgender Law Center and the Williams Institute. Several representatives from the Department of Health and Human Services and the Department of Justice also attended. The newly revised National HIV/AIDS Strategy (NHAS) calls for repeal and reform of state HIV criminalization laws as a means of reducing stigma and discrimination for PLHIV. Read more…

The National HIV Policy Resource Center is CHLP’s online database of research materials on topics of importance to PLHIV and their advocates. These CHLP publications are valuable resources for decriminalization work and have all been recently updated.

Map: HIV Criminalization in the United States, CHLP (updated June 2022)
A visual overview of the variety and prevalence of laws used to prosecute and punish PLHIV in the U.S.

Timeline of State Reforms and Repeals of HIV Criminal Laws, CHLP (updated June 2022)
A timeline describing the repeals and reforms to HIV criminal laws in the seven states that have made the most significant changes to their laws since 1994.

Map: An Overview of States Criminalizing Viral Hepatitis, CHLP (updated May 2022)
A visual overview of the variety and prevalence of laws used to prosecute and punish people living with hepatitis in the U.S.

U.S. HIV Laws and Prosecutorial Tools, CHLP (updated April 2022)
A detailed but concise snapshot of the federal and state laws used to prosecute people living with HIV, viral hepatitis, and other sexually transmitted diseases.

HIV Criminalization in the United States: A Sourcebook on State and Federal HIV Criminal Law and Practice, The Center for HIV Law and Policy (updated February 2022)
A 600-page compendium of punitive laws, policies, and cases affecting PLHIV and other communicable diseases in all 50 states, the military, federal prisons, and U.S. territories.

Florida
Identical bills, introduced by Sen. Jason Pizzo and Rep. Felicia Robinson, Senate Bill 1074 and House Bill 813, both died in their committees of origin when the Florida legislative session ended on March 14. Senate Bill 1468, introduced by Senator Linda Stewart, also died when the session concluded. The bills would have made modifications to Florida’s criminal transmission of HIV laws. For more information, contact Amir Sadeghi at asadeghi@hivlawandpolicy.org.

Georgia
On May 9, Georgia Senate Bill 164, a proposal that reforms the state’s nondisclosure statutes, was signed into law by Governor Brian Kemp. The new law:

requires that a person “knowingly engage in a sex act with the intent to transmit” and that there be a significant risk of transmission for prosecution (although transmission is not required). Significant risk of transmission must be based on current scientific evidenced methods of transmission;
retains felony-level punishments but reduces the possible prison sentence from 10 to 5 years;
requires that the prosecution prove that a sex worker living with HIV consents to perform a sex act with the intent to transmit HIV and requires that there be a significant risk of transmission;
no longer penalizes PLHIV who donate blood, blood products, other body fluids, or any organ or body part;
eliminates felony punishments for PLHIV for assaulting a peace or correctional officer using bodily fluids with intent to transmit.

For more information on the law’s implications, see CHLP analysis, HIV Criminal Law Reform, Before and After: Georgia.

The Georgia HIV Justice Coalition also recognizes the importance of developing a strategy to reform Georgia’s HIV criminal nondisclosure laws further, particularly reducing the penalty level described above from a felony to a misdemeanor.

For more information about the Georgia HIV Justice Coalition contact the coalition co-chairs Eric Paulk at eric@georgiaequality.org and Malcolm Reid at malcolm@thrivess.org.

Indiana
Indiana House Bill 1032, a proposal introduced by Rep. Sean Eberhart to repeal HIV-related offenses and remove HIV-specific sentence enhancements, died after failing to receive a third reading in the House by the January 31 deadline. The bill would have repealed HIV-related offenses and removed HIV-specific sentence enhancements. House Bill 1158, an omnibus health and human services bill that would have amended sections of the HIV disclosure reporting law introduced by Rep. Edward Clere, also died in the Senate Health and Provider Services Committee soon after passing through the House in January.

To get involved in current and future advocacy with the Indiana HIV Modernization Movement, contact Carrie Foote at foote@iupui.edu or hmm.indiana@gmail.com, or visit the coalition’s website.

Louisiana
The Louisiana Coalition on Criminalization and Health (LCCH) continues to meet on the second Wednesday of the month. If you are interested in working with the coalition, contact lcchinfo@gmail.com.

Minnesota
On February 14, Representative Athena Hollin introduced HF 3399, which was referred to the Public Safety and Criminal Justice Reform Finance and Policy committee. HF 3399 makes adjustments to Minnesota’s criminal law related to the transfer of communicable diseases. Under HF 3399:

PLHIV, specifically, would not be prosecuted for engaging in penetrative sex without disclosing their status or transferring blood, sperm, organs, or tissue;
However, HF 3399 would make it a crime for PLHIV to intentionally transmit HIV through non-sterile needles or syringes.

For more information, contact Amir Sadeghi at asadeghi@hivlawandpolicy.org.

Mississippi
Rep. John W. Hines’ House Bill 334 died in the House Judiciary B Committee on February 1. HB 334 would have made adjustments to the HIV- and viral hepatitis-specific sentence enhancements for the exposure of a person’s bodily fluids in a correctional setting. If you would like to get involved with the Mississippi HIV Decrim Network, please email health@mscenterforjustice.org.

Missouri
House Bill 2338, a proposal to repeal and replace sex work-related offenses, was introduced by Rep. Rasheen Aldridge and on May 13 it was assigned to the House Crime Prevention Committee. HB 2338 would repeal HIV-specific criminal enhancements for PLHIV who engage in sex work. Currently, prostitution is a class B misdemeanor, but if a PLHIV is convicted of prostitution, then it is a Class B felony. Advocates in Missouri are still organizing and focusing on community education, click here for more info.

New Jersey
CHLP will continue to monitor the implementation of New Jersey’s enforcement of communicable disease exposure after Governor Phil Murphy signed Senate Bill 3707 into law in January, making New Jersey the third state to repeal its HIV-specific criminal law.

On March 17, New Jersey Assemblymember Harold Wirths introduced Assembly Bill 3648, which has been referred to the Assembly Health Committee. A3648 creates a pathway to force court-ordered testing for people who come into contact with “first responders” including law enforcement, firefighters, emergency first aid responders, or “any other individual who, in the course of that individual's employment, is dispatched to the scene of an emergency situation for the purpose of providing medical care.”

If a first responder interacts with an individual and “may have been exposed” to a bloodborne pathogen, A3648 allows for the individual to be forced into court-ordered testing, upon a request of a public health officer. This court-ordered testing may apply to testing for HIV, hepatitis B, hepatitis C, and “any other infectious disease that may be transmitted through exposure” to blood. The bill would allow for a public health officer to apply for court-ordered testing if the individual who came into contact with the first responder does not submit voluntarily to a test within 24 hours. A3648 has a provision stating that the court order and any test results acquired through court-ordered testing may not be used for law enforcement purposes or as evidence in any civil proceedings. Also, the bill would allow for the court to order that someone subjected to court-ordered testing reimburse the state for the cost of the tests.

For more information, contact Amir Sadeghi at asadeghi@hivlawandpolicy.org.

Ohio
The Ohio Health Modernization Movement (OHMM) is actively promoting the HIV criminal reform legislation that they have refined over the last few months. They hope to see the legislation introduced this year. OHMM meetings are held every other month on the third Monday 6:00pm (ET). For more information, contact ohmminfo@equalityohio.org or visit OHMM’s website.

Rhode Island
On March 17, Sen. Jeanine Calkin introduced Senate Bill 2713, and the bill was referred to the Senate Judiciary Committee. The committee did not vote on the bill, recommending the proposal be held for “further study.” SB 2713 would have decriminalized prostitution-related criminal offenses and repealed a law requiring HIV testing for certain offenses. The bill was scheduled for hearing and consideration on April 5, and on that date, the bill was recommended for further study. Under SB 2713:

Those convicted, placed on probation or charged under prostitution, procurement of sexual conduct for a fee, loitering for prostitution, soliciting from motor vehicles, or examination and venereal disease laws would have their records expunged, at no cost to that person, one year after completing their sentence.
Removes prostitution from the list of offenses that a business can be enjoined for.
Removes the requirement that a person convicted of prostitution-related offenses must undergo HIV testing.

For more information, contact Amir Sadeghi at asadeghi@hivlawandpolicy.org.

Southern States
The Southern HIV Decriminalization Network shares information and ideas about the work of state groups in the South to reform their laws and reports on case developments of interest to the group. Calls are held on the fourth Thursday of the month at 3:00pm (ET). To join, contact Charles Stephens at charles.stephens@counternarrative.org.

Tennessee
The Tennessee HIV Modernization Coalition is working with Rep. Gloria Johnson who introduced House Bill 2792 on February 2, but the bill never progressed to a hearing in the House Criminal Justice Committee. While HB 2792 died in session, it was a proposal that sought to make significant reforms to Tennessee’s HIV criminal exposure laws.

A pair of companion bills, House Bill 1214 and Senate Bill 1165, were introduced on February 11 but were not related to advocacy from the Tennessee HIV Modernization Coalition. According to testimony from the bill sponsor Rep. Bob Ramsey on March 29, the original intent of introducing this legislation was to make changes to Tennessee’s HIV criminal laws, but the bills were eventually scaled back. HB 1214 and SB 1164 would have removed convictions under Tennessee’s criminal exposure law from the list of offenses that require sex offender registration and would have allowed for people previously convicted under the statute to petition for removal from the sex offender registry. However, these bills retained sex offender registration for people in Tennessee convicted under the state’s “aggravated prostitution” law used against sex workers living with HIV. The bills did not contain any changes to Tennessee’s HIV criminal provisions.

SB 1165 passed 28-3 through the Senate as amended on April 13. On April 21 it was substituted for the House companion bill, HB 1214, but failed to pass the House the same day.

The Tennessee HIV Modernization Coalition continues to build its community-driven, state-level campaign and recently held a series of HIV modernization town halls. To learn more and register for coalition meetings, visit their website at or contact Robin Lennon-Dearing at rlnnndrn@memphis.edu. The coalition meets on the second Wednesday of every month at 10:00am (CT).

Utah
House Bill 81, introduced by Representative Susan Pulsipher, was signed by Governor Spencer Cox on March 22. HB 81 modified elements and penalties for sexual solicitation and related offenses. The bill:

allows the court to waive, lower, or suspend fines associated with patronizing or solicitation if the person “pays for and completes a court-approved educational program” about human trafficking or prostitution;
retained enhanced, felony-level penalties for PLHIV who are convicted of prostitution or sexual solicitation. If a PLHIV engages in sex work by offering, taking steps to arrange, loitering, or engaging in sexual activity for a fee, then they may be convicted of a 3rd-degree felony;
increased penalties for a PLHIV who patronizes, agrees to pay, or pays a sex worker from a 3rd-degree felony, punishable by up to 5 years’ imprisonment, to a 2nd-degree felony, punishable by up to 15 years.

For more information, contact Amir Sadeghi at asadeghi@hivlawandpolicy.org.

Washington
Now that the Washington State Board of Health has adopted regulations implementing the revised law affecting the criminalization of people living with HIV, it will be important to monitor how they are implemented. The Washington HIV Justice Alliance meets every other Monday at 11:00am (PT). To get involved, contact Dallas at dallasnsan@aol.com.

CHLP’s assistance in criminal cases includes counseling defendants and their families, providing legal and trial strategy support to criminal defense attorneys, identifying and assisting with the preparation of medical and scientific experts, drafting sections of court submissions, and submitting friend-of-the-court briefs.

Montana
Earlier this year, a Montana federal district court determined that Montana violated both the state and United States Constitutions when it required sex offense registration for Menges, a gay man convicted (when he was 18) of “crimes against nature” for having consensual sex with another young man in 1993. Montana’s Attorney General appealed the ruling to the 9th Circuit Court of Appeals. CHLP’s Catherine Hanssens coordinated with lawyers from the Montana ACLU and Lambda Legal, which took the lead on an amicus brief in support of Menges filed in January. Arguments in the federal court of appeals were on May 11th. A decision is pending.

New York
An appeal of the July 2021 decision denying Nushawn Williams’ annual review petition to be released from civil confinement is underway. CHLP is working closely with Nushawn’s appellate attorney. Currently, the expected filing date of the briefs in his appeal is July 2022. In the meantime, the Free Nushawn Coalition is coordinating informal advocacy in New York. We urge all New Yorkers to continue to reach out to NY Attorney General Leticia James, and to their other elected representatives at the local and state level to express outrage at Nushawn’s continued confinement. New Yorkers interested in joining the Free Nushawn Coalition should contact Amir Sadeghi at asadeghi@hivlawandpolicy.org.

Virginia
On January 11, the Virginia Supreme Court heard oral argument on the appeal of the civil commitment of Galen Baughman. Baughman is a gay man and advocate who was civilly committed and then placed on indefinite intensive supervision due to a finding – based on nonsexual texts with a young man living in another state – that he is a “sexually violent predator” likely to commit a violent sex offense in the future. CHLP’s friend-of-the-court brief in support of Baughman’s petition for appeal was included in the record before the court. For more information, see CHLP Brief Calls out Homophobic Bias in Case of Gay Man Unjustly Designated a “Sexually Violent Predator”. Baughman was released temporarily from custody in December 2021 pending the outcome of the appeal.

If you are aware of anyone charged in an HIV exposure or transmission case, please refer them or their lawyer to CHLP for assistance at 212-430-6733 or pjp@hivlawandpolicy.org

The Positive Justice Project is made possible through the generous support of individuals across the country, and the following major donors:

Brian McCarthy Foundation
Levi Strauss Foundation
Fund for the City of New York
Broadway Cares/Equity Fights AIDS
Gilead
ViiV

Timeline of State Reforms and Repeals of HIV Criminal Laws, CHLP (updated 2022)

admin — Tue, 28 Jun 2022 21:26:00 +0000

Timeline of State Reforms and Repeals of HIV Criminal Laws 032420.jpg

This resource for community advocates provides a timeline describing the repeals and reforms to HIV criminal laws in the seven states that have made the most significant changes to their laws since 1994. Special thanks to community advocate Bryan C. Jones of Ohio for recognizing the need for and requesting the creation of this resource.

For more information on the reforms in each individual state, see the links below.

Updated June 2022.

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Timeline of State Reforms and Repeals of HIV Criminal Laws, CHLP (2022) 227.09 KB

Map: HIV Criminalization in the United States, CHLP (updated 2022)

admin — Tue, 28 Jun 2022 16:33:00 +0000

CHLP HIV Crim Map thumbnail.png

This United States map identifies states (1) with HIV-specific criminal laws; (2) those that apply increased penalties for underlying sex crimes; and (3) those with general felony laws that have been used to prosecute people living with HIV. Additionally, we note those states that require registration as a sex offender as part of the punishment under HIV-specific laws, and those states that have undertaken efforts to reform their HIV-specific laws.

Updated June 28, 2022

Haga clic aquí para leer en español.

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Map: HIV Criminalization in the United States, CHLP (2022) 167.24 KB

Mapa: Criminalización del HIV en los Estados Unidos, CHLP (2022)

admin — Tue, 28 Jun 2022 15:29:30 +0000

Mapa Criminalización del HIV en los EE UU (2020).jpg

Este mapa de los Estados Unidos identifica los Estados (1) con leyes penales específicas del VIH; (2) aquellos que imponen mayores penalizaciones por delitos sexuales subyacentes; y (3) aquellos con leyes de delitos generales que se han utilizado para enjuiciar a personas viviendo con el VIH. Además, tomamos en cuenta a los Estados que exigen el registro como delincuente sexual, como parte del castigo según leyes específicas del VIH, a sí mismo incluimos a Estados que han realizado esfuerzos para reformar sus leyes específicas sobre el VIH.

Traducido por Marco Castro-Bojorquez.

Actualizado: Junio 2022

Haga clic aquí para leer en inglés.

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Mapa Criminalización del HIV en los EE UU, CHLP (2022) 167.72 KB

The Center for HIV Law and Policy

Suttle v New York, Amicus Brief, NY Court of Appeals, CHLP (2022)

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Letter to Pennsylvania Governor Tom Wolf in Opposition to HB 103, CHLP (2022)

New York State Assembly Bill 3864, Assemblymember Linda B. Rosenthal (January 28, 2021)

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The PJP Update, Positive Justice Project (September 2022)

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Enforcement of HIV Criminalization in Tennessee, The Williams Institute, UCLA School of Law (2022)

Enforcement of HIV Criminalization in Tennessee, Williams Instituye 2022_Page_01.jpg

The PJP Update, Positive Justice Project (June 2022)

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CHLP joins Well Project on UCSF/National Clinician Consultation Center’s Panel on Infant Feeding for Parents Living with HIV

The Elizabeth Taylor AIDS Foundation (ETAF) presents “Night Over America”

HIV Criminalization in Focus for SisterLove Legislative Day of Action

International Women’s Day Webinar by OHMM Looks at the Criminalization of Women Living with HIV

Piedmont Health Services Week of Prayer Webinar Examines HIV Laws and Criminalization in North Carolina

CHLP and Advocates Meet with ONAP on HIV Criminalization Laws

Timeline of State Reforms and Repeals of HIV Criminal Laws, CHLP (updated 2022)

Timeline of State Reforms and Repeals of HIV Criminal Laws 032420.jpg

Related

Map: HIV Criminalization in the United States, CHLP (updated 2022)

CHLP HIV Crim Map thumbnail.png

Related

Mapa: Criminalización del HIV en los Estados Unidos, CHLP (2022)

Mapa Criminalización del HIV en los EE UU (2020).jpg

Related