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www.SeroProject.comContact:ReedVreeland,
TheSeroProject,
CommunicationsCoordinator:
[email protected],
917-573-6328
U.S.HouseAppropriationsCommitteeAccepts
HIVCriminalizationReformAmendmentNEW YORK, NY, July 19, 2013
U.S. Representative Barbara Lee (DCalif.) has
announced that an amendment to require the Attorney General to
initiate a review of
Federal and State laws, policies, and regulations regarding
criminal and related civilcommitment cases involving people living
with HIV/AIDS, was passed on Wednesday,
July 17, by the House Appropriations Committee.
HIV Criminalization laws breed, discrimination, distrust, and
hatred. These laws are
based on fear, not science. This is an important first step in
ensuring that our laws reflect
current scientific understandings of HIV, said Congresswoman Lee
in a statement.
The amendment was accepted on a voice vote as part of a managers
amendment, to the
Commerce, Justice, Science (CJS) Appropriations bill for Fiscal
Year 2014, which mustbe passed by both houses of Congress and
signed into law by the President before it takes
effect.
We commend the House Appropriations Committee for this important
step towardsimproved public health. Criminal statutes should
reflect the best available science and
not facilitate or perpetuate discrimination against people with
HIV, said Robert Suttle,assistant director of the Sero Project and
a survivor of an HIV criminalization
prosecution in Louisiana.
The amendment specifically references the Presidential Advisory
Council onHIV/AIDS (PACHA) resolution, issued in February 2013,
demanding an end to HIV
criminalization laws, prosecutions and civil commitments. The
PACHA statement notes,HIV criminalization is unjust, bad public
health policy and is fueling the epidemic rather
than reducing it.
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After the bill is passed, the timetable established by the
amendment directs the U.S.Attorney General to initiate a review of
Federal and State laws, policies, and regulation
regarding criminal and related civil commitment cases involving
people living withHIV/AIDS within 90 days. In addition, the
Attorney General, no later than 180 days from
starting the review, will be required to make best practice
recommendations that reflect
current science and understanding of HIV transmission routes and
associated benefits oftreatment and ensure such policies do not
place unique or additional burdens onindividuals living with
HIV.
This law could become an important educational tool to help us
reform HIV
criminalization laws at the local level, said Tami Haught, Sero
Board Member and acommunity organizer at Community HIV and
Hepatitis Advocates of Iowa Network
(CHAIN). In Iowa, weve built bipartisan support to replace Code
709C, the statesHIV-specific statute, and we have the backing of
the State Attorney General and Iowa
Department of Health for a law that improves public health by
removing barriers to HIVtesting and treatment.
Federal legislation like the H.R. 1843 REPEAL HIV Discrimination
Act or the amended
CJS Appropriations bill are only the most recent examples of a
bipartisan leadership inWashington, D.C., to reform HIV
criminalization statues.
On October 25, 2012, the Sero Project brought five HIV
criminalization survivors, andthe mother and sister of a sixth, to
Washington to testify before PACHA about their
experiences facing inappropriate and severe HIV criminalization
prosecutions. Most ofthese prosecutions occurred under HIV-specific
criminal statutes that are based on
outdated and erroneous beliefs about the routes, risks, and
consequences of HIVtransmission.
None of these HIV criminalization survivors were accused of
transmitting HIV.Videotapes of their testimony can be found at
http://seroproject.com/videos. In addition
to Suttle (quoted above), they include:
Nick Rhoades, an Iowa man who had a one-time sexual encounter,
using acondom and while he had an undetectable viral load. He was
sentenced to 25
years in prison (since released on reconsideration by the judge)
and lifetime sexoffender registration. His case is on appeal to the
Iowa Supreme Court.
Eddie Casto, who was born with HIV, and was convicted as a
teenager inSpokane, Washington, for failing to disclose even though
he had an undetectable
viral load.
Monique Moree, who was prosecuted by the Army in South Carolina,
eventhough she had an undetectable viral load and her partner said
she told him to use
a condom.
Hazel and Faith Hunter, the mother and sister of Mark Hunter.
Mark and hisbrother, Michael, were born with hemophilia and
acquired HIV from blood
products; his brother, Michael, died of AIDS in the early 1990s.
After Mark andhis fiance broke up, she pressed charges for him not
having initially disclosed his
HIV status, even though they always used condoms and he had an
undetectable
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viral load. He served 2.5 years in Arkansas.
Donald Bogardus, an Iowa man presently awaiting trial for not
disclosing to apartner, even though he had an undetectable viral
load.
A resolution addressing criminalization had been proposed to
PACHA by the Positive
Justice Project (of which Sero is a part), but had languished
for nearly two years. Afterhearing for the first time directly from
criminalization survivors, PACHA members
expressed shock and outrage and began drafting a strong
resolution, incorporating muchof what the criminalization survivors
requested, which was passed at their next meeting.
---About the Sero Project
The Sero Project is a network of people with HIV and allies
fighting for freedom from
stigma and injustice. Founded in 2012, Sero conducts research,
raises awareness andmobilizes grassroots communities, policy
leaders and advocates to address HIV
criminalization. Sero also coordinates a U.S. HIV
Criminalization Survivors Network.The Sero Projects award-winning
short film, HIV is Not a Crime, has introduced the
growing problem of HIV criminalization to thousands of people
around the world.
For more information, visitwww.SeroProject.com or email
[email protected].
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