(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 
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) The number of prosecutions, arrests, and 
instances where HIV-specific criminal laws are used 
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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. 
(5) 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. 
(6) According to CDC, correct and consistent 
male or female condom use is very effective in pre-
venting HIV transmission. However, most State 
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. 
(7) 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. 
(8) Although HIV/AIDS currently is viewed as 
a treatable, chronic, medical condition, people living 
with HIV have been charged under aggravated as-
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sault, attempted murder, and even bioterrorism stat-
utes because prosecutors, courts, and legislators con-
tinue to view and characterize the blood, semen, and 
saliva of people living with HIV as a ‘‘deadly weap-
on’’. 
(9) 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 
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. 
(10) 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. 
(11) Individuals who are convicted for HIV ex-
posure, nondisclosure, or transmission often must 
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register as sex offenders even in cases of 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 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. 
(13) 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 criminalise HIV transmission, exposure or 
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non-disclosure of HIV status, which are counter-
productive’’. 
(14) In 2010, the President released a National 
HIV/AIDS Strategy (NHAS), which addressed HIV- 
specific criminal laws, stating: ‘‘[W]hile we under-
stand 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 recon-
sider 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 legis-
latures should consider reviewing HIV-specific crimi-
nal statutes to ensure that they are consistent with 
current knowledge of HIV transmission and support 
public health approaches to preventing and treating 
HIV. 
(15) 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-
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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/AIDS. 
It is the sense of Congress that Federal and State 
laws, policies, and regulations regarding people living with 
HIV/AIDS— 
(1) should not place unique or additional bur-
dens 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 liv-
ing with HIV; 
(D) the associated benefits of treatment 
and support services for people living with HIV; 
and 
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(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 
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. 
(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). 
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(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 Uniform Code of Military 
Justice. 
(F) People living with HIV/AIDS, particu-
larly those who have been subject to HIV-re-
lated prosecution or who are from 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). 
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(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/AIDS, including any such 
review 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 
available a report containing the results of the review, 
which includes the following: 
(1) For each State and for the Uniform Code 
of Military Justice, a summary of the relevant laws, 
policies, regulations, and judicial precedents and de-
cisions regarding criminal cases involving people liv-
ing with HIV/AIDS, 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/AIDS. 
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(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 
(v) the impact of punitive HIV-spe-
cific laws and policies on public health, on 
people living with or affected by HIV, and 
on their families and communities. 
(C) An analysis of the public health and 
legal implications of such laws, policies, regula-
tions, and judicial precedents and decisions, in-
cluding an analysis of the consequences of hav-
ing a similar penal scheme applied to com-
parable situations involving other communicable 
diseases. 
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(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 be-
tween State laws, policies, regulations, and judicial 
precedents. 
(3) A set of best practice recommendations di-
rected to State governments, including State attor-
neys general, public health officials, and judicial offi-
cers, in order to ensure that laws, policies, regula-
tions, and judicial precedents regarding people living 
with HIV/AIDS are in accordance with the prin-
ciples set forth in section 3. 
(4) Recommendations for adjustments to the 
Uniform Code of Military Justice, as may be nec-
essary, in order to ensure that laws, policies, regula-
tions, and judicial precedents regarding people living 
with HIV/AIDS are in accordance with the prin-
ciples set forth in section 3. 
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(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 guid-
ance for States based on the set of best practice rec-
ommendations required by subsection (b)(3) in order to 
assist States dealing with criminal and related civil com-
mitment cases regarding people living with HIV/AIDS. 
(d) MONITORING AND EVALUATION SYSTEM.—With-
in 60 days of the release of the guidance required by sub-
section (c), the Attorney General and the Secretary of 
Health and Human Services, acting jointly, shall establish 
an integrated monitoring and evaluation system which in-
cludes, where appropriate, objective and quantifiable per-
formance goals and indicators to measure progress toward 
statewide implementation in each State of the best prac-
tice 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 Con-
gress, 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 
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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 appro-
priated 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 such terms 
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 Com-
monwealth of the Northern Mariana Islands, Guam, 
Puerto Rico, and the United States Virgin Islands. 
Æ 
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