The Pennsylvania House voted unanimously to approve Senate Bill 45 on July 12, sending legislation that would remove an HIV-specific criminal sentencing enhancement from state law to Governor Josh Shapiro’s desk.
The bill eliminates a provision that allows people living with HIV to face more severe criminal penalties based solely on their HIV status, a policy that LGBTQ+ advocates and public health experts have long argued is outdated and unsupported by modern medical science.
Following the vote, the Pennsylvania LGBTQ+ Equality Caucus praised the legislation, calling it “an important step toward ending the criminalization of HIV status in Pennsylvania.”
The caucus also thanked Rep. Ben Waxman, who sponsored companion legislation in the House to advance the reform.
Under current Pennsylvania law, a person living with HIV can receive enhanced criminal penalties in certain cases regardless of whether HIV transmission was possible. One frequently cited example involves prostitution offenses, which are generally misdemeanors but can be elevated to felonies for someone living with HIV, even in situations involving no physical contact or conduct incapable of transmitting the virus.
Supporters of Senate Bill 45 argue those provisions reflect outdated understandings of HIV rather than current medical evidence.
Advances in HIV treatment have transformed the virus from a fatal diagnosis into a manageable chronic condition for most people with access to care. Antiretroviral therapy allows many people living with HIV to achieve an undetectable viral load, preventing sexual transmission of the virus while enabling them to live long, healthy lives.
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The Equality Caucus said removing HIV-specific sentencing enhancements better aligns Pennsylvania law with contemporary science while helping reduce stigma surrounding people living with HIV.
“Senate Bill 45 brings Pennsylvania law into closer alignment with current science, reduces stigma, and creates a legal framework that can continue to evolve alongside future advances in HIV research and care,” the caucus said in a statement.
With final legislative approval complete, Senate Bill 45 now awaits Governor Josh Shapiro’s signature. If signed into law, Pennsylvania would join a growing number of states that have modernized or repealed HIV-specific criminal statutes in response to advances in HIV prevention, treatment, and scientific understanding.