Everyone has free will to do as they please, but before one exercises their free will to do what others ask, it’s always a good idea for one to look closely at the MOTIVES behind what someone is asking they do…
A bill before the California Senate would change laws that make it a felony to expose someone to HIV, recognizing advances in the science of HIV treatment and prevention. The proposed legislation received strong support at a recent hearing at the state Capitol.
Proponents say Senate Bill 239 would modernize existing laws in accordance with the latest research, promote public health, and reduce discrimination and stigma against people living with HIV.
“These felony laws were passed during the dark days of the epidemic, when people were talking about quarantining those living with HIV,” bill co-author Senator Scott Wiener (D-San Francisco) told the Bay Area Reporter. “The laws single out people with HIV for uniquely harsh criminal treatment for the simple act of having sex — even if there’s no risk of transmission. HIV is a health issue, not a criminal issue, and it’s time to repeal these discriminatory laws.”
Existing laws make it a felony punishable by up to eight years in prison for a person with HIV to expose another person through unprotected sex if the HIV-positive person knows they are infected, does not disclose their status, and acts with the intent to infect the other person — regardless of whether infection actually occurred. It is also a felony under certain circumstances for an HIV-positive individual to donate blood, organs, or semen to an HIV-negative person. Current laws treat HIV transmission more harshly than other serious communicable diseases.
A study from the UCLA School of Law found that around 800 people in California came in contact with the criminal justice system due to their HIV status between 1988 and 2014, in most cases related to sex work. Black and Latino people and women were disproportionately affected.
“Since [these laws] were originally written the realities of what it means to have HIV, as well as the possibility of transmitting it, have changed completely, with new medications when taken regularly normalizing life expectancy and eliminating the possibility of transmission,” Dr. Edward Machtinger, director of the UCSF Women’s HIV Program, said at the March 8 hearing. “This new reality requires a reassessment of the public health implications of HIV-related legislation.”
Bill would amend state codes
As the B.A.R. previously reported, Wiener and Assemblyman Todd Gloria (D-San Diego), both gay men, introduced SB 239 at a February 6 news conference at Strut, the San Francisco AIDS Foundation’s health and wellness center for gay, bi, and trans men.
The March 8 briefing, hosted by the Legislative LGBT Caucus, featured testimony from people living with HIV as well as LGBT, public health, and civil rights advocates.
“It’s time to really change from a fear-based approach to a science-based approach,” Gloria said at the hearing. “A couple of states have beaten us to taking this action, but I think if California can do it, certainly the rest of the country can take this step as well.”
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February 1, 2019 Off By PNTLIVEEveryone has free will to do as they please, but before one exercises their free will to do what others ask, it’s always a good idea for one to look closely at the MOTIVES behind what someone is asking they do…
via Ebar.com
Proponents argue for HIV criminalization reform
A bill before the California Senate would change laws that make it a felony to expose someone to HIV, recognizing advances in the science of HIV treatment and prevention. The proposed legislation received strong support at a recent hearing at the state Capitol.
Proponents say Senate Bill 239 would modernize existing laws in accordance with the latest research, promote public health, and reduce discrimination and stigma against people living with HIV.
“These felony laws were passed during the dark days of the epidemic, when people were talking about quarantining those living with HIV,” bill co-author Senator Scott Wiener (D-San Francisco) told the Bay Area Reporter. “The laws single out people with HIV for uniquely harsh criminal treatment for the simple act of having sex — even if there’s no risk of transmission. HIV is a health issue, not a criminal issue, and it’s time to repeal these discriminatory laws.”
Existing laws make it a felony punishable by up to eight years in prison for a person with HIV to expose another person through unprotected sex if the HIV-positive person knows they are infected, does not disclose their status, and acts with the intent to infect the other person — regardless of whether infection actually occurred. It is also a felony under certain circumstances for an HIV-positive individual to donate blood, organs, or semen to an HIV-negative person. Current laws treat HIV transmission more harshly than other serious communicable diseases.
A study from the UCLA School of Law found that around 800 people in California came in contact with the criminal justice system due to their HIV status between 1988 and 2014, in most cases related to sex work. Black and Latino people and women were disproportionately affected.
“Since [these laws] were originally written the realities of what it means to have HIV, as well as the possibility of transmitting it, have changed completely, with new medications when taken regularly normalizing life expectancy and eliminating the possibility of transmission,” Dr. Edward Machtinger, director of the UCSF Women’s HIV Program, said at the March 8 hearing. “This new reality requires a reassessment of the public health implications of HIV-related legislation.”
Bill would amend state codes
As the B.A.R. previously reported, Wiener and Assemblyman Todd Gloria (D-San Diego), both gay men, introduced SB 239 at a February 6 news conference at Strut, the San Francisco AIDS Foundation’s health and wellness center for gay, bi, and trans men.
The March 8 briefing, hosted by the Legislative LGBT Caucus, featured testimony from people living with HIV as well as LGBT, public health, and civil rights advocates.
“It’s time to really change from a fear-based approach to a science-based approach,” Gloria said at the hearing. “A couple of states have beaten us to taking this action, but I think if California can do it, certainly the rest of the country can take this step as well.”
click here to continue reading on the original source
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