I 

117TH CONGRESS 

1ST SESSION H. R. 1305 

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 

FEBRUARY 24, 2021 

Ms. LEE of California (for herself, Miss GONZA ́LEZ-COLO ́N, Mr. KHANNA, 

Mrs. WATSON COLEMAN, Mr. SIRES, Mr. HASTINGS, Mr. FOSTER, Ms. 

MCCOLLUM, Mr. CICILLINE, Mr. SCHIFF, Mr. PRICE of North Carolina, 

Ms. WASSERMAN SCHULTZ, Mr. KILMER, Mr. CARSON, Ms. WILSON of 

Florida, Mr. SWALWELL, Mr. POCAN, Mrs. HAYES, Ms. MOORE of Wisconsin, Ms. CHU, Ms. BASS, and Mr. MCGOVERN) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Repeal Existing Poli5 cies that Encourage and Allow Legal HIV Discrimination 


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1 Act of 2021’’ or the ‘‘REPEAL HIV Discrimination Act 

2 of 2021’’. 

3 SEC. 2. FINDINGS. 

4 The Congress makes the following findings: 

5 (1) At present, 32 States and 2 United States 

6 territories have criminal statutes based on perceived 

7 exposure to HIV, rather than behaviors motivated by 

8 an intent to harm, presenting a significant risk of 

9 transmission and resulting in actual transmission of 

10 HIV to another. Eleven States have HIV-specific 

11 laws that make spitting or biting a felony, even 

12 though it is not possible to transmit HIV via saliva. 

13 Twenty-four States require persons who are aware 

14 that they have HIV to disclose their status to sexual 

15 partners, regardless of whether they are non-infec16 tious. Fourteen of these 24 States also require dis17 closure to needle-sharing partners. Twenty-five 

18 States criminalize one or more behaviors that pose 

19 a low or negligible risk for HIV transmission. 

20 (2) HIV-specific criminal laws are classified as 

21 felonies in 28 States; in three States, a person’s ex22 posure to another to HIV does not subject the per23 son to criminal prosecution for that act alone but 

24 may result in a sentence enhancement. Eighteen 

25 States impose sentences of up to 10 years per violaVerDate Sep 11 2014 03:59 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1305.IH H1305

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1 tion; seven impose sentences between 11 and 20 

2 years; and five impose sentences of greater than 20 

3 years. 

4 (3) When members of the Armed Forces ac5 quire HIV, they are issued orders that require them 

6 to disclose and use a condom under all cir7 cumstances including when the known risk of trans8 mission is zero. Failure to disclose can result in 

9 prosecution under the Uniform Code of Military Jus10 tice (UCMJ). 

11 (4) The number of prosecutions, arrests, and 

12 instances where HIV-based charges are used to in13 duce plea agreements is unknown. Because State14 level prosecution and arrest data are not readily 

15 available in any national legal database, the societal 

16 impact of these laws may be underestimated and 

17 most cases that go to trial are not reduced to writ18 ten, published opinions. 

19 (5) State and Federal criminal law does not 

20 currently reflect the four decades of medical ad21 vances and discoveries made with regard to trans22 mission and treatment of HIV/AIDS. 

23 (6) According to CDC, correct and consistent 

24 male or female condom use, or adherence to a pre25 exposure prophylaxis (PrEP) regimen that results in 


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1 viral suppression, are very effective in preventing 

2 HIV transmission. However, most State HIV-spe3 cific laws and prosecutions do not treat the use of 

4 a condom during sexual intercourse or adherence to 

5 PrEP as a mitigating factor or evidence that the de6 fendant did not intend to transmit HIV. 

7 (7) Criminal laws and prosecutions do not take 

8 into account the benefits of effective antiretroviral 

9 medications, which suppress the virus to extremely 

10 low levels and further reduce the already low risk of 

11 transmitting HIV to near zero. 

12 (8) In addition to HIV-specific criminal laws, 

13 general criminal laws are often misused to prosecute 

14 people based on their HIV status. Although HIV, 

15 and even AIDS, currently is viewed as a treatable, 

16 chronic, medical condition, people living with HIV 

17 have been charged under aggravated assault, at18 tempted murder, and even bioterrorism statutes be19 cause prosecutors, courts, and legislators continue to 

20 view and characterize the blood, semen, and saliva of 

21 people living with HIV as a ‘‘deadly weapon’’. 

22 (9) Multiple peer-reviewed studies demonstrate 

23 that HIV-specific laws do not reduce risk-taking be24 havior or increase disclosure by people living with or 

25 at risk of HIV, and there is increasing evidence that 


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1 these laws reduce the willingness to get tested. Fur2 thermore, placing legal responsibility for preventing 

3 the transmission of HIV and other pathogens that 

4 can be sexually transmitted exclusively on people di5 agnosed with a sexually transmitted infection under6 mines the public health message that all people are 

7 responsible for practicing behaviors that protect 

8 themselves from HIV and other sexually transmitted 

9 infections. Unfortunately, some State laws create an 

10 expectation of disclosure work against public health 

11 communication and discourage risk-reduction meas12 ures that could prevent transmission as a result of 

13 those who are acutely infected and unaware of their 

14 status. 

15 (10) The identity of an individual subject to an 

16 HIV-based prosecution is broadcast through media 

17 reports, potentially destroying employment opportu18 nities and relationships and violating the person’s 

19 right to privacy. 

20 (11) Individuals who are convicted after an 

21 HIV-based prosecution often must register as sex of22 fenders even in cases involving consensual sexual ac23 tivity. Their employability is destroyed, and their 

24 family relationships are fractured. 


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1 (12) The United Nations, including the Joint 

2 United Nations Programme on HIV/AIDS 

3 (UNAIDS), urges governments to ‘‘limit criminaliza4 tion to cases of intentional transmission.’’ This re5 quirement would limit prosecutions to situations 

6 ‘‘where a person knows his or her HIV-positive sta7 tus, acts with the intention to transmit HIV, and 

8 does in fact transmit it’’. UNAIDS also recommends 

9 that criminal law should not be applied to cases 

10 where there is no significant risk of transmission. 

11 (13) In 2010, the Federal Government released 

12 the first ever National HIV/AIDS Strategy (NHAS), 

13 which addressed HIV-specific criminal laws, stating: 

14 ‘‘While we understand the intent behind these laws, 

15 they may not have the desired effect and they may 

16 make people less willing to disclose their status by 

17 making people feel at even greater risk of discrimi18 nation. In some cases, it may be appropriate for leg19 islators to reconsider whether existing laws continue 

20 to further the public interest and public health. In 

21 many instances, the continued existence and enforce22 ment of these types of laws run counter to scientific 

23 evidence about routes of HIV transmission and may 

24 undermine the public health goals of promoting HIV 

25 screening and treatment.’’. The NHAS also states 


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1 that State legislatures should consider reviewing 

2 HIV-specific criminal statutes to ensure that they 

3 are consistent with current knowledge of HIV trans4 mission and support public health approaches to pre5 venting and treating HIV. 

6 (14) The Global Commission on HIV and the 

7 Law was launched in June 2010 to examine laws 

8 and practices that criminalize people living with and 

9 vulnerable to HIV and to develop evidence-based rec10 ommendations for effective HIV responses. The 

11 Commission calls for ‘‘governments, civil society and 

12 international bodies to repeal punitive laws and 

13 enact laws that facilitate and enable effective re14 sponses to HIV prevention, care and treatment serv15 ices for all who need them’’. The Commission rec16 ommends against the enactment of ‘‘laws that ex17 plicitly criminalize HIV transmission, exposure or 

18 non-disclosure of HIV status, which are counter19 productive’’. 

20 (15) In February 2019, the Department of 

21 Health and Human Services (HHS) launched ‘‘End22 ing the HIV Epidemic: A Plan for America,’’ a new 

23 initiative with an ambitious goal to end the domestic 

24 HIV epidemic in ten years by reducing new cases of 

25 HIV by 75 percent by 2025 and by 90 percent by 


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1 2030. In this plan, HHS notes that stigma ‘‘can be 

2 a debilitating barrier preventing people living with, 

3 or at risk for, HIV from receiving the health care, 

4 services, and respect they need and deserve.’’ Many 

5 of the States and jurisdictions identified as a pri6 ority for the first five years of the plan have stigma7 based criminal statutes for perceived exposure to 

8 HIV. These statutes run counter to the goals of this 

9 new initiative and stand in the way of ending the do10 mestic HIV epidemic. 

11 SEC. 3. SENSE OF CONGRESS REGARDING LAWS OR REGU12 LATIONS DIRECTED AT PEOPLE LIVING WITH 

13 HIV. 

14 It is the sense of Congress that Federal and State 

15 laws, policies, and regulations regarding people living with 

16 HIV— 

17 (1) should not place unique or additional bur18 dens on such individuals solely as a result of their 

19 HIV status; and 

20 (2) should instead demonstrate a public health21 oriented, evidence-based, medically accurate, and 

22 contemporary understanding of— 

23 (A) the multiple factors that lead to HIV 

24 transmission; 


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1 (B) the relative risk of demonstrated HIV 

2 transmission routes; 

3 (C) the current health implications of liv4 ing with HIV; 

5 (D) the associated benefits of treatment 

6 and support services for people living with HIV; 

7 and 

8 (E) the impact of punitive HIV-specific 

9 laws, policies, regulations, and judicial prece10 dents and decisions on public health, on people 

11 living with or affected by HIV, and on their 

12 families and communities. 

13 SEC. 4. REVIEW OF FEDERAL AND STATE LAWS. 

14 (a) REVIEW OF FEDERAL AND STATE LAWS.— 

15 (1) IN GENERAL.—Not later than 90 days after 

16 the date of the enactment of this Act, the Attorney 

17 General, the Secretary of Health and Human Serv18 ices, and the Secretary of Defense acting jointly (in 

19 this section referred to as the ‘‘designated officials’’) 

20 shall initiate a national review of Federal and State 

21 laws, policies, regulations, and judicial precedents 

22 and decisions regarding criminal and related civil 

23 commitment cases involving people living with HIV/ 

24 AIDS, including in regard to the Uniform Code of 

25 Military Justice (UCMJ). 


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1 (2) CONSULTATION.—In carrying out the re2 view under paragraph (1), the designated officials 

3 shall seek to include diverse participation from, and 

4 consultation with, each of the following: 

5 (A) Each State. 

6 (B) State attorneys general (or their rep7 resentatives). 

8 (C) State public health officials (or their 

9 representatives). 

10 (D) State judicial and court system offi11 cers, including judges, district attorneys, pros12 ecutors, defense attorneys, law enforcement, 

13 and correctional officers. 

14 (E) Members of the United States Armed 

15 Forces, including members of other Federal 

16 services subject to the UCMJ. 

17 (F) People living with HIV/AIDS, particu18 larly those who have been subject to HIV-re19 lated prosecution or who are from minority 

20 communities whose members have been dis21 proportionately subject to HIV-specific arrests 

22 and prosecution. 

23 (G) Legal advocacy and HIV/AIDS service 

24 organizations that work with people living with 

25 HIV/AIDS. 


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1 (H) Nongovernmental health organizations 

2 that work on behalf of people living with HIV/ 

3 AIDS, including syringe services programs, 

4 LGBTQ-focused health organizations, and orga5 nizations who serve people who engage in sex 

6 work. 

7 (I) Trade organizations or associations 

8 representing persons or entities described in 

9 subparagraphs (A) through (G). 

10 (3) RELATION TO OTHER REVIEWS.—In car11 rying out the review under paragraph (1), the des12 ignated officials may utilize other existing reviews of 

13 criminal and related civil commitment cases involv14 ing people living with HIV, including any such re15 view conducted by any Federal or State agency or 

16 any public health, legal advocacy, or trade organiza17 tion or association if the designated officials deter18 mines that such reviews were conducted in accord19 ance with the principles set forth in section 3. 

20 (b) REPORT.—Not later than 180 days after initi21 ating the review required by subsection (a), the Attorney 

22 General shall transmit to the Congress and make publicly 

23 available a report containing the results of the review, 

24 which includes the following: 


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1 (1) For each State and for the UCMJ, a sum2 mary of the relevant laws, policies, regulations, and 

3 judicial precedents and decisions regarding criminal 

4 cases involving people living with HIV, including the 

5 following: 

6 (A) A determination of whether such laws, 

7 policies, regulations, and judicial precedents 

8 and decisions place any unique or additional 

9 burdens upon people living with HIV. 

10 (B) A determination of whether such laws, 

11 policies, regulations, and judicial precedents 

12 and decisions demonstrate a public health-ori13 ented, evidence-based, medically accurate, and 

14 contemporary understanding of— 

15 (i) the multiple factors that lead to 

16 HIV transmission; 

17 (ii) the relative risk of HIV trans18 mission routes, including that a person 

19 that has an undetectable viral load cannot 

20 transmit the disease; 

21 (iii) the current health implications of 

22 living with HIV, including data 

23 disaggregated by race and ethnicity; 

24 (iv) the current status of providing 

25 protection to people who engage in survival 


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1 sex work against whom condom possession 

2 has been used as evidence to intent to com3 mit a crime; 

4 (v) States that have the classification 

5 of mandatory sex offenders; 

6 (vi) the associated benefits of treat7 ment and support services for people living 

8 with HIV; and 

9 (vii) the impact of punitive HIV-spe10 cific laws and policies on public health, on 

11 people living with or affected by HIV, and 

12 on their families and communities, includ13 ing people who are in abusive, dependent, 

14 violent, and non-consensual relationships 

15 and are unable to both negotiate the use of 

16 condoms and status disclosure. 

17 (C) An analysis of the public health and 

18 legal implications of such laws, policies, regula19 tions, and judicial precedents and decisions, in20 cluding an analysis of the consequences of hav21 ing a similar penal scheme applied to com22 parable situations involving other communicable 

23 diseases. 

24 (D) An analysis of the proportionality of 

25 punishments imposed under HIV-specific laws, 


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1 policies, regulations, and judicial precedents, 

2 taking into consideration penalties attached to 

3 violation of State laws against similar degrees 

4 of endangerment or harm, such as driving while 

5 intoxicated (DWI) or transmission of other 

6 communicable diseases, or more serious harms, 

7 such as vehicular manslaughter offenses. 

8 (2) An analysis of common elements shared be9 tween State laws, policies, regulations, and judicial 

10 precedents. 

11 (3) A set of best practice recommendations di12 rected to State governments, including State attor13 neys general, public health officials, and judicial offi14 cers, in order to ensure that laws, policies, regula15 tions, and judicial precedents regarding people living 

16 with HIV are in accordance with the principles set 

17 forth in section 3. 

18 (4) Recommendations for adjustments to the 

19 UCMJ, including discontinuing the use of a service 

20 member’s HIV diagnosis as the basis for prosecu21 tion, enhanced penalties, or discharge from military 

22 service, in order to ensure that laws, policies, regula23 tions, and judicial precedents regarding people living 

24 with HIV are in accordance with the principles set 

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1 clude any necessary and appropriate changes to ‘‘Or2 ders to Follow Preventative Medicine Require3 ments’’. 

4 (c) GUIDANCE.—Within 90 days of the release of the 

5 report required by subsection (b), the Attorney General 

6 and the Secretary of Health and Human Services, acting 

7 jointly, shall develop and publicly release updated guid8 ance for States based on the set of best practice rec9 ommendations required by subsection (b)(3) in order to 

10 assist States dealing with criminal and related civil com11 mitment cases regarding people living with HIV. 

12 (d) MONITORING AND EVALUATION SYSTEM.—With13 in 60 days of the release of the guidance required by sub14 section (c), the Attorney General and the Secretary of 

15 Health and Human Services, acting jointly, shall establish 

16 an integrated monitoring and evaluation system which in17 cludes, where appropriate, objective and quantifiable per18 formance goals and indicators to measure progress toward 

19 statewide implementation in each State of the best prac20 tice recommendations required in subsection (b)(3). 

21 (e) MODERNIZATION OF FEDERAL LAWS, POLICIES, 

22 AND REGULATIONS.—Within 90 days of the release of the 

23 report required by subsection (b), the designated officials 

24 shall develop and transmit to the President and the Con25 gress, and make publicly available, such proposals as may 


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1 be necessary to implement adjustments to Federal laws, 

2 policies, or regulations, including to the Uniform Code of 

3 Military Justice, based on the recommendations required 

4 by subsection (b)(4), either through Executive order or 

5 through changes to statutory law. 

6 SEC. 5. RULE OF CONSTRUCTION. 

7 Nothing in this Act shall be construed to discourage 

8 the prosecution of individuals who intentionally transmit 

9 or attempt to transmit HIV to another individual. 

10 SEC. 6. NO ADDITIONAL APPROPRIATIONS AUTHORIZED. 

11 This Act shall not be construed to increase the 

12 amount of appropriations that are authorized to be appro13 priated for any fiscal year. 

14 SEC. 7. DEFINITIONS. 

15 For purposes of this Act: 

16 (1) HIV AND HIV/AIDS.—The terms ‘‘HIV’’ and 

17 ‘‘HIV/AIDS’’ have the meanings given to them in 

18 section 2689 of the Public Health Service Act (42 

19 U.S.C. 300ff–88). 

20 (2) STATE.—The term ‘‘State’’ includes the 

21 District of Columbia, American Samoa, the Com22 monwealth of the Northern Mariana Islands, Guam, 

23 Puerto Rico, and the United States Virgin Islands. 

Æ 


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