Legislation

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

Pennsylvania is one of nine states that still punish people charged with prostitution more harshly if living with HIV. Prostitution is a misdemeanor in Pennsylvania, but if the buyer, seller, or promoter has HIV, they may be charged with a felony enhancement.

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 the 30 years since its enactment, it’s rarely been charged, and no credible research links harsher penalties with a reduction in HIV transmission. 

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. 

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

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

Current Pennsylvania legislation

On February 20, 2025, Representative Waxman introduced HB632, and it was referred to the House Judiciary Committee. A Judiciary Committee hearing was convened on June 2, 2025. See below for more on the hearing.

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.

These bills would remove the last reference to HIV in the criminal code and reduce the stigma fueling the HIV epidemic. 

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

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.

History

The journey to remove the final reference to HIV in the Pennsylvania Criminal Code began in community conversations and evolved to the Pennsylvania legislature when in 2024, Senator Vincent Hughes and Representatives Ben Waxman and Malcolm Kenyatta introduced Senate and House bills respectively. 

The bills were referred to the respective judiciary committee, but didn’t make it to a hearing before the session ended. The legislature recessed sine die, and bills that did not pass died. 

Representative Waxman reintroduced the House bill, now HB632 on February 20, 2025 and Senator Hughes reintroduced a companion bill, now  SB647 that was referred to the House Judiciary Committee. A Judiciary Committee hearing was convened on June 2, 2025. Testifiers (Andrea Johnson, Dr. Jay Kostman, Sean Strub, and Ronda Goldfein) spoke before the PA House Judiciary Committee on June 2, 2025 in support of HB632. You can watch a recording of the hearing here.

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.

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