SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Repeal Existing Poli-
cies that Encourage and Allow Legal HIV Discrimination 
Act of 2017’’ or the ‘‘REPEAL HIV Discrimination Act 
of 2017’’. 
SEC. 2. FINDINGS. 
The Congress makes the following findings: 
(1) At present, 33 States and 2 United States 
territories have criminal statutes based on perceived 
exposure to HIV, rather than 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. 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) According to the Centers for Disease Con-
trol and Prevention (CDC), HIV is only transmitted 
through blood, semen, vaginal fluid, and breast milk. 
(3) HIV-specific criminal laws are classified as 
felonies in 28 States; in three States, a person’s ex-
posure to another to HIV does not subject the per-
son to criminal prosecution for that act alone, but 
VerDate Sep 11 2014 
21:38 Mar 29, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1739.IH
H1739
asabaliauskas on DSK3SPTVN1PROD with BILLS
may result in a sentence enhancement. Eighteen 
States impose sentences of up to 10 years; seven im-
pose sentences between 11 and 20 years; and five 
impose sentences of greater than 20 years. 
(4) When members of the Armed Forces ac-
quire HIV, they are issued orders that require them 
to disclose 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). 
(5) The number of prosecutions, arrests, and 
instances where HIV-specific criminal laws are used 
to induce plea agreements is unknown. Because 
State-level prosecution and arrest data are not read-
ily available in any national legal database, the soci-
etal impact of these laws may be underestimated and 
most cases that go to trial are not reduced to writ-
ten, published opinions. 
(6) State and Federal criminal law does not 
currently reflect the three decades of medical ad-
vances and discoveries made with regard to trans-
mission and treatment of HIV/AIDS. 
(7) According to CDC, correct and consistent 
male or female condom use is very effective in pre-
venting HIV transmission. However, most State 
VerDate Sep 11 2014 
21:38 Mar 29, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1739.IH
H1739
asabaliauskas on DSK3SPTVN1PROD with BILLS
HIV-specific laws and prosecutions do not treat the 
use of a condom during sexual intercourse as a miti-
gating factor or evidence that the defendant did not 
intend to transmit HIV. 
(8) Criminal laws and prosecutions do not take 
into account the benefits of effective antiretroviral 
medications, which reduce the HIV virus to 
undetectable levels and further reduce the already 
low risk of transmitting the HIV to near zero. 
(9) Although HIV/AIDS currently is viewed as 
a treatable, chronic, medical condition, people living 
with HIV/AIDS have been charged under aggra-
vated assault, attempted murder, and even bioter-
rorism statutes because prosecutors, courts, and leg-
islators continue to view and characterize the blood, 
semen, and saliva of people living with HIV as a 
‘‘deadly weapon’’. 
(10) Multiple peer-reviewed studies demonstrate 
that HIV-specific laws do not reduce risk-taking be-
havior 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. Fur-
thermore, placing legal responsibility for preventing 
the transmission of HIV and other pathogens exclu-
sively on people diagnosed with HIV, and without 
VerDate Sep 11 2014 
21:38 Mar 29, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1739.IH
H1739
asabaliauskas on DSK3SPTVN1PROD with BILLS
consideration of other pathogens that can be sexu-
ally transmitted, undermines the public health mes-
sage that all people should practice behaviors that 
protect themselves and their partners from HIV and 
other sexually transmitted diseases. 
(11) The identity of an individual accused of 
violating existing HIV-specific restrictions is broad-
cast through media reports, potentially destroying 
employment opportunities and relationships and vio-
lating the person’s right to privacy. 
(12) Individuals who are convicted for HIV ex-
posure, nondisclosure, or transmission often must 
register as sex offenders even in cases of consensual 
sexual activity. Their employability is destroyed and 
their family relationships are fractured. 
(13) The United Nations, including the Joint 
United 
Nations 
Programme 
on 
HIV/AIDS 
(UNAIDS), urges governments to ‘‘limit criminaliza-
tion to cases of intentional transmission. Such re-
quirement indicates a situation 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 sig-
nificant risk of transmission. 
VerDate Sep 11 2014 
21:38 Mar 29, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1739.IH
H1739
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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 rec-
ommendations 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 re-
sponses to HIV prevention, care and treatment serv-
ices for all who need them’’. The Commission rec-
ommends against the enactment of ‘‘laws that ex-
plicitly criminalize HIV transmission, exposure or 
non-disclosure of HIV status, which are counter-
productive’’. 
(15) In 2010, the President released a 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 
VerDate Sep 11 2014 
21:48 Apr 04, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1739.IH
H1739
asabaliauskas on DSK3SPTVN1PROD with BILLS
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 knowl-
edge of HIV transmission and support public health 
approaches to preventing and treating HIV. 
(16) In February 2013, the President’s Advi-
sory Council on AIDS (PACHA) passed a resolution 
stating ‘‘all U.S. law should be consistent with cur-
rent medical and scientific knowledge and accepted 
human rights-based approaches to disease control 
and prevention and avoid imposition of unwarranted 
punishment based on health and disability status’’. 
SEC. 3. SENSE OF CONGRESS REGARDING LAWS OR REGU-
LATIONS 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 bur-
dens on such individuals solely as a result of their 
HIV status; and 
VerDate Sep 11 2014 
21:48 Apr 04, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1739.IH
H1739
asabaliauskas on DSK3SPTVN1PROD with BILLS
(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 liv-
ing 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 prece-
dents 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 Serv-
ices, 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 
VerDate Sep 11 2014 
21:38 Mar 29, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1739.IH
H1739
asabaliauskas on DSK3SPTVN1PROD with BILLS
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 re-
view 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 rep-
resentatives). 
(C) State public health officials (or their 
representatives). 
(D) State judicial and court system offi-
cers, including judges, district attorneys, pros-
ecutors, 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, particu-
larly those who have been subject to HIV-re-
lated prosecution or who are from communities 
VerDate Sep 11 2014 
21:38 Mar 29, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1739.IH
H1739
asabaliauskas on DSK3SPTVN1PROD with BILLS
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 car-
rying out the review under paragraph (1), the des-
ignated officials may utilize other existing reviews of 
criminal and related civil commitment cases involv-
ing people living with HIV, including any such re-
view conducted by any Federal or State agency or 
any public health, legal advocacy, or trade organiza-
tion or association if the designated officials deter-
mines that such reviews were conducted in accord-
ance with the principles set forth in section 3. 
(b) REPORT.—Not later than 180 days after initi-
ating the review required by subsection (a), the Attorney 
General shall transmit to the Congress and make publicly 
VerDate Sep 11 2014 
21:38 Mar 29, 2017
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1739.IH
H1739
asabaliauskas on DSK3SPTVN1PROD with BILLS
available a report containing the results of the review, 
which includes the following: 
(1) For each State and for the UCMJ, a sum-
mary 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-ori-
ented, evidence-based, medically accurate, and 
contemporary understanding of— 
(i) the multiple factors that lead to 
HIV transmission; 
(ii) the relative risk of HIV trans-
mission routes; 
(iii) the current health implications of 
living with HIV; 
(iv) the associated benefits of treat-
ment and support services for people living 
with HIV; and 
VerDate Sep 11 2014 
21:38 Mar 29, 2017
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1739.IH
H1739
asabaliauskas on DSK3SPTVN1PROD with BILLS