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Rep. Barbara Lee (D-Calif.) has
introduced a bill in the US House of Representatives that would force the
repeal or amendment of state and federal laws that make it a crime for
HIV-infected people to expose sexual partners to the virus, even if they do not
transmit the virus. Many states enacted laws that criminalize intentional HIV
transmission to satisfy requirements of the Ryan White Care Act of 1990.
Lee stated that her participation on
the United Nations Development Program’s Global Commission on HIV and the Law
made her aware of US laws that discriminate against HIV-infected people. For
example, people who know they have HIV and expose a partner through unprotected
sex without forewarning the partner can go to jail for three to eight years
under California’s law. Lee stated that it is against the law in 32 states and
2 US territories for an HIV-infected person to expose another person, even if
they do not transmit the virus. The Center for HIV Law and Policy reported at
least 350 cases in 36 states where HIV-infected people have been “arrested or
prosecuted” for having consensual sex or “biting and spitting.”
Lee unsuccessfully introduced a
similar bill in 2011, but H.R. 1843, the Repeal Existing Policies that
Encourage and Allow Legal (REPEAL) HIV Discrimination Act, has a Republican
co-author, Rep. Ileana Ros-Lehtinen (R-Fla.), which may attract Republican
support. The bill places responsibility for monitoring new and existing laws on
the US attorney general, the secretary of Defense, and the secretary of Health
and Human Services; these agencies also would create a set of best practices
for lawmakers.
The Friends of AIDS Foundation is
dedicated to enhancing the quality of life for HIV positive individuals and
empowering people to make healthy choices to prevent the spread of the HIV
virus. To learn more about The Friends of AIDS Foundation, please visit: http://www.friendsofaids.org.
TOGETHER WE REMAIN STRONG!
