Major changes with national implications
California governor Jerry Brown signed into law on Friday sweeping changes to the state’s HIV criminalization laws. In a press release published on the LAMBDA Legal website, SB-239 updates California’s criminal law approach to HIV transmission and treats it in the same way as transmission of other serious communicable diseases.
Additionally, it also brings the Golden state’s statutes up to date with the current science regarding HIV prevention, treatment and transmission.
The new law realizes an important goal of the National HIV/AIDS Strategy and is consistent with current guidance from the U.S. Department of Justice and with California’s “Getting to Zero” HIV transmission reduction strategy.
“Today California took a major step toward treating HIV as a public health issue, instead of treating people living with HIV as criminals,” said Senator Wiener, one of the bill’s authors.
“HIV should be treated like all other serious infectious diseases, and that’s what SB 239 does. We are going to end new HIV infections, and we will do so not by threatening people with state prison time, but rather by getting people to test and providing them access to care,” shared Wiener in a statement.
The other bill author, Asm. Todd Gloria said, “State law will no longer discourage Californians from getting tested for HIV.
With the Governor’s signature today, we are helping to reduce the stigma that keeps some from learning their HIV status and getting into treatment to improve their health, extend their lives, and prevent additional infections.”
Quick background (Paraphrased from LAMBDA Legal)
Back in the late 1980s and at the height of the HIV epidemic, politicians passed several laws criminalizing otherwise legal behaviors of people living with HIV. They also added HIV-related penalties to existing crimes.
Almost all of the laws were fear-based and linked to the limited medical understanding of the time. At that time, there were no effective treatments for HIV. Criminalization against persons living with HIV was rampant.
Fast forward to today …
Research now demonstrates that people living with HIV on effective treatment cannot transmit the virus to their partners. As stated on the LAMBDA site, “HIV-negative individuals can now take medication, known as PrEP (pre-exposure prophylaxis), to reduce the risk of acquiring HIV by up to 99 percent.”
GPB caught up with Scott Schoettes, HIV Project Director with LAMBDA and asked the following questions:
Why is this law important for people living with HIV?
“The changes to California law will ensure that people living with HIV—or any sexually transmitted infection—are not subject to criminal prosecution as a result of sexual contact.
The only time a prosecution like that should take place is if the person has the intent to transmit the infection to another, and that rarely if ever happens.
As a result, the threat of criminal prosecution will no longer be a barrier to testing, treatment or disclosure of one’s HIV status.”
How does the new law in California impact people living with HIV in other states (if at all?)
“California has now become a model for other states. As we continue the work to modernize HIV-based criminal laws across the country, advocates now have an ideal to which they can point in California.”
Anything else we should know about the new law?
“This bill also eliminated the felony penalty enhancement for sex workers living with HIV.
As it should be, two adults engaged in consensual sexual activity are each responsible for their own sexual health, regardless of whether money or other things of value are exchanged as a part of that relationship.”
FYI: SB239 was sponsored by Lambda Legal, Equality California, the ACLU of California, APLA Health, Black AIDS Institute, and Positive Women’s Network – USA.
Main photo credit: Equality California
