Lawmakers approve removal of HIV-related felony penalty

Pennsylvania lawmakers have unanimously passed an omnibus human trafficking bill that includes a provision removing felony charges for individuals arrested for prostitution while knowingly HIV-positive, a measure that is now awaiting Gov. Josh Shapiro’s signature. How the provision advancedPhiladelphia Democratic Rep. Ben Waxman, who introduced the provision earlier this year, explained how the legislative process allowed the proposal to move forward.“A proposal may not be strong enough to pass on its own, so lawmakers look for chances to attach it to a larger bill that already has momentum,” Waxman said. Repealing an outdated HIV-related lawThe provision eliminates a law that elevated misdemeanor prostitution charges to felony charges if the individual was HIV-positive and aware of their status. Waxman described the law as outdated and rooted in fear from decades ago. “It’s laws that hearken back to what I would call the AIDS panic of the 80s and early 90s, when there was a lot of fear, and a lot of misunderstanding of the illness and the disease. And in particular, now that we have, you know, really good treatment for HIV, people are living very long lives with HIV because we have really, really good treatment now. And the science has really advanced. It’s a really outdated way to prosecute people,” Waxman said. A compromise to secure passageWaxman’s initial proposal in March passed out of a House committee but failed to gain support in the Senate. When Senate Bill 45 began gaining momentum, Waxman presented the provision again, and it was included in the larger human trafficking bill. Despite some private Republican pushback, the bill passed unanimously over the weekend. The measure is not retroactive, a compromise Waxman said was necessary to ensure its passage. Lawmakers noted they are unaware of anyone currently incarcerated under the specific felony enhancement. Waxman emphasized the importance of removing the possibility of such charges entirely. A step for criminal justice reform“You know, obviously we’re in a time where criminal justice reform is challenging, right? It’s a challenging environment for that right now. And so I think that’s the other piece of this. This is one of the major, not just around HIV and communities living with HIV, but also just in general, you know, a step forward for reform in Pennsylvania’s criminal justice system, which is something that is a priority of mine. And I think it’s important to point out, you know, we can do these things and we can figure out compromise and we can make progress on things that maybe might have been seen as controversial,” Waxman said. Support and next stepsThe Pennsylvania Equality Caucus celebrated the bill’s passage, stating that it aligns state law with current science and reduces stigma for the LGBTQ+ community. Gov. Shapiro is expected to sign the bill soon.

HARRISBURG, Pa. —

Pennsylvania lawmakers have unanimously passed an omnibus human trafficking bill that includes a provision removing felony charges for individuals arrested for prostitution while knowingly HIV-positive, a measure that is now awaiting Gov. Josh Shapiro’s signature.

How the provision advanced

Philadelphia Democratic Rep. Ben Waxman, who introduced the provision earlier this year, explained how the legislative process allowed the proposal to move forward.

“A proposal may not be strong enough to pass on its own, so lawmakers look for chances to attach it to a larger bill that already has momentum,” Waxman said.

Repealing an outdated HIV-related law

The provision eliminates a law that elevated misdemeanor prostitution charges to felony charges if the individual was HIV-positive and aware of their status. Waxman described the law as outdated and rooted in fear from decades ago.

“It’s laws that hearken back to what I would call the AIDS panic of the 80s and early 90s, when there was a lot of fear, and a lot of misunderstanding of the illness and the disease. And in particular, now that we have, you know, really good treatment for HIV, people are living very long lives with HIV because we have really, really good treatment now. And the science has really advanced. It’s a really outdated way to prosecute people,” Waxman said.

A compromise to secure passage

Waxman’s initial proposal in March passed out of a House committee but failed to gain support in the Senate. When Senate Bill 45 began gaining momentum, Waxman presented the provision again, and it was included in the larger human trafficking bill. Despite some private Republican pushback, the bill passed unanimously over the weekend.

The measure is not retroactive, a compromise Waxman said was necessary to ensure its passage. Lawmakers noted they are unaware of anyone currently incarcerated under the specific felony enhancement. Waxman emphasized the importance of removing the possibility of such charges entirely.

A step for criminal justice reform

“You know, obviously we’re in a time where criminal justice reform is challenging, right? It’s a challenging environment for that right now. And so I think that’s the other piece of this. This is one of the major, not just around HIV and communities living with HIV, but also just in general, you know, a step forward for reform in Pennsylvania’s criminal justice system, which is something that is a priority of mine. And I think it’s important to point out, you know, we can do these things and we can figure out compromise and we can make progress on things that maybe might have been seen as controversial,” Waxman said.

Support and next steps

The Pennsylvania Equality Caucus celebrated the bill’s passage, stating that it aligns state law with current science and reduces stigma for the LGBTQ+ community.

Gov. Shapiro is expected to sign the bill soon.