,,ii #aacth ,,congress #ast ,session ,s4 #agij ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aj1 #bjac,mr4 ,coons introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to modernize laws1 and eliminate discrimination1 with respect to people living with ,,hiv_/,,aids1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,repeal ,existing ,policies that ,encourage and ,allow ,legal ,,hiv ,discrimination ,act of #bjac or the ,,repeal ,,hiv ,discrimination ,act of #bjac4 #b4 ,findings ,the ,congress makes the following findings3 7#a7 ,at present1 #cb ,states and #b ,united ,states territories have criminal statutes based on perceived exposure to ,,hiv1 rather than actual transmission of ,,hiv to another4 ,thirteen ,states have ,,hiv-specific laws that make spitting or biting a felony1 even though it is not possible to transmit ,,hiv via saliva4 7#b7 ,according to the ,centers for ,disease ,control and ,prevention 7,,cdc71 ,,hiv is only transmitted through blood1 semen1 vaginal fluid1 and breast milk4 7#c7 ,prosecutions for perceived exposure1 nondisclosure1 or unintentional transmission of ,,hiv have occurred in at least #ci ,states under general or ,,hiv-specific laws4 7#d7 ,even in the absence of ,,hiv transmission1 people living with ,,hiv have been given sentences of up to #ce years based on exaggerated fears of ,,hiv1 regardless of actual risk of transmission4 7#e7 ,state and ,federal criminal law does not currently reflect the three decades of medical advances and discoveries made with regard to transmission and treatment of ,,hiv4 7#f7 ,according to ,,cdc1 correct and consistent male or female condom use is very effective in preventing ,,hiv transmission4 ,however1 most ,state ,,hiv-specific laws and prosecutions do not treat the use of a condom during sexual intercourse as a mitigating factor or evidence that the defendant did not intend to transmit ,,hiv4 7#g7 ,criminal laws and prosecutions do not take into account the benefits of effective antiretroviral medications1 which reduce the ,,hiv virus to undetectable levels and further reduce the already low risk of transmitting the ,,hiv to near-zero4 7#h7 ,although ,,hiv_/,,aids currently is viewed as a treatable1 chronic1 medical condition1 people living with ,,hiv have been charged under aggravated assault1 attempted murder1 and even bioterrorism statutes because prosecutors1 courts1 and legislators continue to view and characterize the blood1 semen1 and saliva of people living with ,,hiv as a deadly weapon4 7#i7 ,multiple peer-reviewed studies demonstrate that ,,hiv-specific laws do not reduce risk-taking behavior or increase disclosure by people living with or at risk of ,,hiv1 and there is increasing evidence that these laws reduce the willingness to get tested4 ,furthermore1 placing legal responsibility for preventing the transmission of ,,hiv and other pathogens exclusively on people diagnosed with ,,hiv1 and without consideration of other pathogens that can be sexually transmitted1 undermines the public health message that all people should practice behaviors that protect themselves and their partners from ,,hiv and other sexually transmitted diseases4 7#aj7 ,the identity of an individual accused of violating existing ,,hiv-specific restrictions is broadcast through media reports1 potentially destroying employment opportunities and relationships and violating the person's right to privacy4 7#aa7 ,individuals who are convicted for ,,hiv exposure1 nondisclosure1 or transmission often must register as sex offenders even in cases of consensual sexual activity4 ,their employability is destroyed and their family relationships are fractured4 7#ab7 ,the ,united ,nations1 including the ,joint ,united ,nations ,programme on ,,hiv_/,,aids 7,,unaids71 urges governments to limit criminalization to cases of intentional transmission4 ,such requirement indicates a situation where a person knows his or her ,,hiv-positive status1 acts with the intention to transmit ,,hiv1 and does in fact transmit it4 ,,unaids also recommends that criminal law should not be applied to cases where there is no significant risk of transmission4 7#ac7 ,the ,global ,commission on ,,hiv and the ,law was launched in ,june #bjaj to examine laws and practices that criminalize people living with and vulnerable to ,,hiv and to develop evidence-based recommendations for effective ,,hiv responses4 ,the ,commission calls for governments1 civil society and international bodies to repeal punitive laws and enact laws that facilitate and enable effective responses to ,,hiv prevention1 care and treatment services for all who need them4 ,the ,commission recommends against the enactment of laws that explicitly criminalise ,,hiv transmission1 exposure or non-disclosure of ,,hiv status1 which are counterproductive4 7#ad7 ,in #bjaj1 the ,president released a ,national ,,hiv_/,,aids ,strategy 7,,nhas71 which addressed ,,hiv-specific criminal laws1 stating3 ,while we understand the intent behind these laws1 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 discrimination4 ,in some cases1 it may be appropriate for legislators to reconsider whether existing laws continue to further the public interest and public health4 ,in many instances1 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 treatment44 ,the ,,nhas also states that ,state legislatures should consider reviewing ,,hiv-specific criminal statutes to ensure that they are consistent with current knowledge of ,,hiv transmission and support public health approaches to preventing and treating ,,hiv4 7#ae7 ,in ,february #bjac1 the ,president's ,advisory ,council on ,,aids 7,,pacha7 passed a resolution stating all ,u4,s4 law should be consistent with current 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 status4 #c4 ,sense of ,congress regarding laws or regulations directed at people living with ,,hiv_/,,aids ,it is the sense of ,congress that ,federal and ,state laws1 policies1 and regulations regarding people living with ,,hiv_/,,aids-- 7#a7 should not place unique or additional burdens on such individuals solely as a result of their ,,hiv status2 and 7#b7 should instead demonstrate a public health-oriented1 evidence-based1 medically accurate1 and contemporary understanding of-- 7,a7 the multiple factors that lead to ,,hiv transmission2 7,b7 the relative risk of demonstrated ,,hiv transmission routes2 7,c7 the current health implications of living with ,,hiv2 7,d7 the associated benefits of treatment and support services for people living with ,,hiv2 and 7,e7 the impact of punitive ,,hiv-specific laws1 policies1 regulations1 and judicial precedents and decisions on public health1 on people living with or affected by ,,hiv1 and on their families and communities4 #d4 ,review of ,federal and ,state laws 7a7 ,review of ,federal and ,state laws 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,attorney ,general1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,defense acting jointly 7in this section referred to as the designated officials7 shall initiate a national review of ,federal and ,state laws1 policies1 regulations1 and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with ,,hiv_/,,aids1 including in regard to the ,uniform ,code of ,military ,justice4 7#b7 ,consultation ,in carrying out the review under paragraph 7#a71 the designated officials shall seek to include diverse participation from1 and consultation with1 each of the following3 7,a7 ,each ,state4 7,b7 ,state attorneys general 7or their representatives74 7,c7 ,state public health officials 7or their representatives74 7,d7 ,state judicial and court system officers1 including judges1 district attorneys1 prosecutors1 defense attorneys1 law enforcement1 and correctional officers4 7,e7 ,members of the ,united ,states ,armed ,forces1 including members of other ,federal services subject to the ,uniform ,code of ,military ,justice4 7,f7 ,people living with ,,hiv_/,,aids1 particularly those who have been subject to ,,hiv-related prosecution or who are from communities whose members have been disproportionately subject to ,,hiv-specific arrests and prosecution4 7,g7 ,legal advocacy and ,,hiv_/,,aids service organizations that work with people living with ,,hiv_/,,aids4 7,h7 ,nongovernmental health organizations that work on behalf of people living with ,,hiv_/,,aids4 7,i7 ,trade organizations or associations representing persons or entities described in subparagraphs 7,a7 through 7,g74 7#c7 ,relation to other reviews ,in carrying out the review under paragraph 7#a71 the designated officials may utilize other existing reviews of criminal and related civil commitment cases involving people living with ,,hiv_/,,aids1 including any such review conducted by any ,federal or ,state agency or any public health1 legal advocacy1 or trade organization or association if the designated officials determine that such reviews were conducted in accordance with the principles set forth in section #c4 7b7 ,report ,not later than #ahj days after initiating the review required by subsection 7a71 the ,attorney ,general shall transmit to the ,congress and make publicly available a report containing the results of the review1 which includes the following3 7#a7 ,for each ,state and for the ,uniform ,code of ,military ,justice1 a summary of the relevant laws1 policies1 regulations1 and judicial precedents and decisions regarding criminal cases involving people living with ,,hiv_/,,aids1 including the following3 7,a7 ,a determination of whether such laws1 policies1 regulations1 and judicial precedents and decisions place any unique or additional burdens upon people living with ,,hiv_/,,aids4 7,b7 ,a determination of whether such laws1 policies1 regulations1 and judicial precedents and decisions demonstrate a public health-oriented1 evidence-based1 medically accurate1 and contemporary understanding of-- 7i7 the multiple factors that lead to ,,hiv transmission2 7ii7 the relative risk of ,,hiv transmission routes2 7iii7 the current health implications of living with ,,hiv2 7iv7 the associated benefits of treatment and support services for people living with ,,hiv2 and 7v7 the impact of punitive ,,hiv-specific laws and policies on public health1 on people living with or affected by ,,hiv1 and on their families and communities4 7,c7 ,an analysis of the public health and legal implications of such laws1 policies1 regulations1 and judicial precedents and decisions1 including an analysis of the consequences of having a similar penal scheme applied to comparable situations involving other communicable diseases4 7,d7 ,an analysis of the proportionality of punishments imposed under ,,hiv-specific laws1 policies1 regulations1 and judicial precedents1 taking into consideration penalties attached to violation of ,state laws against similar degrees of endangerment or harm1 such as driving while intoxicated 7,,dwi7 or transmission of other communicable diseases1 or more serious harms1 such as vehicular manslaughter offenses4 7#b7 ,an analysis of common elements shared between ,state laws1 policies1 regulations1 and judicial precedents4 7#c7 ,a set of best practice recommendations directed to ,state governments1 including ,state attorneys general1 public health officials1 and judicial officers1 in order to ensure that laws1 policies1 regulations1 and judicial precedents regarding people living with ,,hiv_/,,aids are in accordance with the principles set forth in section #c4 7#d7 ,recommendations for adjustments to the ,uniform ,code of ,military ,justice1 as may be necessary1 in order to ensure that laws1 policies1 regulations1 and judicial precedents regarding people living with ,,hiv_/,,aids are in accordance with the principles set forth in section #c4 7c7 ,guidance ,within #ij days of the release of the report required by subsection 7b71 the ,attorney ,general and the ,secretary of ,health and ,human ,services1 acting jointly1 shall develop and publicly release updated guidance for ,states based on the set of best practice recommendations required by subsection 7b77#c7 in order to assist ,states dealing with criminal and related civil commitment cases regarding people living with ,,hiv_/,,aids4 7d7 ,monitoring and evaluation system ,within #fj days of the release of the guidance required by subsection 7c71 the ,attorney ,general and the ,secretary of ,health and ,human ,services1 acting jointly1 shall establish an integrated monitoring and evaluation system which includes1 where appropriate1 objective and quantifiable performance goals and indicators to measure progress toward statewide implementation in each ,state of the best practice recommendations required in subsection 7b77#c74 7e7 ,modernization of ,federal laws1 policies1 and regulations ,within #ij days of the release of the report required by subsection 7b71 the designated officials shall develop and transmit to the ,president and the ,congress1 and make publicly available1 such proposals as may be necessary to implement adjustments to ,federal laws1 policies1 or regulations1 including to the ,uniform ,code of ,military ,justice1 based on the recommendations required by subsection 7b77#d71 either through ,executive order or through changes to statutory law4 #e4 ,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 individual4 #f4 ,no additional appropriations authorized ,this ,act shall not be construed to increase the amount of appropriations that are authorized to be appropriated for any fiscal year4 #g4 ,definitions ,for purposes of this ,act3 7#a7 ,,hiv and ,,hiv_/,,aids ,the terms ,,hiv and ,,hiv_/,,aids have the meanings given to such terms in section #bfhi of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;ff-#hh74 7#b7 ,state ,the term ,state includes the ,district of ,columbia1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 ,puerto ,rico1 and the ,united ,states ,virgin ,islands4