Legislation

It’s long past time to remove the only remaining reference to HIV in the Pennsylvania criminal code.

Modernizing HIV laws is a popular bipartisan issue. Recent polling reveals that 88% of Pennsylvanians believe that people living with HIV should receive the health and treatment they need, rather than face criminal charges. 

Support for reform of HIV criminalization statutes has also come from a varied range of respected sources, including United States Department of Justice; Centers for Disease Control and Prevention; Presidential Advisory Council on HIV/AIDS; American Medical Association; American Nursing Association; American Psychological Association; U.S. Conference of Mayors; the Infectious Diseases Society of America; the HIV Medicine Association; the National Association of County and City Health Officials; the United Nations; and the National Association of Criminal Defense Lawyers.

HB632 would remove the last reference to HIV in the Pennsylvania criminal code.

Join us for a Lunch & Learn on HB632 in Harrisburg on March 24, 2026. Click here for more Information.

Click here to sign on, support HB632, end HIV stigma.

Good News: HB632 Passed out of Committee!

A bill addressing HIV stigma in Pennsylvania has cleared the first hurdle to becoming law. On March 10, 2026 the Pennsylvania House Judiciary Committee voted HB632 out of committee, moving it toward a full House vote, a Senate vote on companion bill SB647, and the Governor’s signature.

The AIDS Law Project, along with coalition partners including PA HIV Justice Alliance, Positive Women’s Network, Girl U Can Do It Inc., Philadelphia FIGHT, Sero Project, and the Elizabeth Taylor AIDS Foundation, are grateful to Rep. Ben Waxman for his vision to protect people living with HIV from stigma.

We are also thankful for supportive comments from Rep. Malcolm Kenyatta and Rep. Emily Kinkead.

Pennsylvania is one of nine states that still punish people charged with prostitution more harshly if living with HIV. If the buyer, seller, or promoter has HIV, the prostitution charge is a felony, not a misdemeanor.

Misdemeanors carry lighter penalties, like fines, probation, or short jail time. Felonies are punished by longer prison sentences, fines, and other consequences like loss of voting rights or difficulty finding employment.

Pennsylvania’s HIV-related felony enhancement was enacted in 1995 and has never served an effective law-enforcement purpose. In more than 30 years since its enactment, it has rarely been charged, and no credible research links harsher penalties with a reduction in HIV transmission. 

It is time for that to change by removing a relic that only stigmatizes people living with HIV and does nothing to protect public health.

Legislation History

On February 20, 2025, Representative Waxman introduced HB632, and it was referred to the House Judiciary Committee. On June 2, 2025, a Judiciary Committee hearing was convened. Testifiers (Andrea Johnson, Dr. Jay Kostman, Sean Strub, and Ronda Goldfein) spoke in support of HB632. You can watch a recording of the hearing here.

On March 10, 2026, HB632 passed out of committee and February 28, 2026 was designated “HIV is Not a Crime Awareness Day.”

On April 21, 2025, Senator Hughes introduced a companion bill SB647 and it was referred to the Senate Judiciary Committee. No further action has yet been taken on SB647.

How You Can Help

  • Join us for a Lunch & Learn on HB632 in Harrisburg on March 24, 2026
  • Sign on, support HB632, end stigma
  • Call your state representatives and share these talking points:
    • Prostitution is a misdemeanor in Pennsylvania and most states — yet Pennsylvania is one of nine states that still punish people living with HIV more harshly than others charged with prostitution.
    • Pennsylvania’s felony enhancement was enacted in 1995 and has never served an effective law enforcement purpose. In the 30 years since its enactment, it’s rarely been charged, and no credible research links harsher penalties for prostitution with a reduction in HIV transmission.
    • Over time, the Pennsylvania legislature, like that of most other states, has modernized its criminal code by removing stigmatizing references to HIV. This modernization follows guidance from the American Medical Association, the American Bar Association, and other professional organizations, based on the facts of how HIV is transmitted.
    • Recent polling reveals that 88% of Pennsylvanians believe that people living with HIV should receive the health and treatment they need, rather than face criminal charges.
    • Only one reference to HIV in the Pennsylvania criminal code remains, and HB632 would remove it.
    • Pennsylvania has laws to punish those who harm others. Punishing people solely because they are living with HIV reinforces stigma, discourages people from getting tested and treated, and fuels the epidemic.

Selected Statements from Organizations Supporting Decriminalization of HIV

Other Resources

  • Susquehanna Polling and Research poll (Sept. 2025): According to the poll, 88% of Pennsylvanians believe that people living with HIV should receive the health and treatment they need, rather than face criminal charges.
  • The Weight of Science: Decriminalizing HIV in Pennsylvania (2023): This report by the AIDS Law Project of Pennsylvania, in collaboration with the PA HIV Justice Alliance, outlines the ways in which people living with HIV are criminally punished in Pennsylvania for activity that would not be a crime but for their HIV status. HIV criminalization disregards science, is counterproductive to public health goals, and perpetuates stigma against people living with HIV.

✕