Sec. 7414. Review of all Federal and State laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses
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/bill/118/hr/9161/ih/section-7414·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the sense of Congress that Federal and State laws, policies, and regulations regarding people living with HIV— should not place unique or additional burdens on such individuals solely as a result of their HIV status; and should instead demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of— the multiple factors that lead to HIV transmission; the relative risk of demonstrated HIV transmission routes; the current health implications of living with HIV; the associated benefits of treatment and support services for people living with HIV; and the impact of punitive HIV-specific laws, policies, regulations, and judicial precedents and decisions on public health, on people living with or affected by HIV, and on their families and communities.
Not later than 90 days after the date of the enactment of this Act, the Attorney General, the Secretary of Health and Human Services, and the Secretary of Defense acting jointly (in this section referred to as the designated officials ) shall initiate a national review of Federal and State laws, including the Uniform Code of Military Justice (referred to in this section as the UCMJ ), policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV/AIDS.
In carrying out the review under subparagraph (A), the designated officials shall seek to include diverse participation from, and consultation with, each of the following: Each State. State attorneys general (or their representatives). State public health officials (or their representatives). State judicial and court system officers, including judges, district attorneys, prosecutors, defense attorneys, law enforcement, and correctional officers. Members of the United States Armed Forces, including members of other Federal services subject to the UCMJ.
People living with HIV/AIDS, particularly those who have been subject to HIV-related prosecution or who are from minority communities whose members have been disproportionately subject to HIV-specific arrests and prosecution. Legal advocacy and HIV/AIDS service organizations that work with people living with HIV/AIDS. Nongovernmental health organizations that work on behalf of people living with HIV/AIDS, including syringe services programs, LGBTQ-focused health organizations, and organizations who serve people who engage in sex work.
Trade organizations or associations representing persons or entities described in clauses
(i)through (vii). In carrying out the review under subparagraph (A), the designated officials may utilize other existing reviews of criminal and related civil commitment cases involving people living with HIV, including any such review conducted by any Federal or State agency or any public health, legal advocacy, or trade organization or association if the designated officials determines that such reviews were conducted in accordance with the principles set forth in subsection (a). Not later than 180 days after initiating the review required under paragraph (1), the Attorney General shall transmit to the Congress and make publicly available a report containing the results of the review, which includes the following: For each State and for the UCMJ, a summary of the relevant laws, policies, regulations, and judicial precedents and decisions regarding criminal cases involving people living with HIV, including the following: A determination of whether such laws, policies, regulations, and judicial precedents and decisions place any unique or additional burdens upon people living with HIV. A determination of whether such laws, policies, regulations, and judicial precedents and decisions demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of— the multiple factors that lead to HIV transmission; the relative risk of HIV transmission routes, including that a person that has an undetectable viral load cannot transmit HIV; the current health implications of living with HIV, including data disaggregated by race and ethnicity; the current status of providing protection to people who engage in survival sex work against whom condom possession has been used as evidence of intent to commit a crime; States that have the classification of mandatory sex offenders; the associated benefits of treatment and support services for people living with HIV; and the impact of punitive HIV-specific laws and policies on public health, on people living with or affected by HIV, and on their families and communities, including people who are in abusive, dependent, violent, or nonconsensual relationships and are unable to both negotiate the use of condoms and status disclosure. An analysis of the public health and legal implications of such laws, policies, regulations, and judicial precedents and decisions, including an analysis of the consequences of having a similar penal scheme applied to comparable situations involving other communicable diseases. An analysis of the proportionality of punishments imposed under HIV-specific laws, policies, regulations, and judicial precedents, taking into consideration penalties attached to violation of State laws against similar degrees of endangerment or harm, such as driving while intoxicated or transmission of other communicable diseases, or more serious harms, such as vehicular manslaughter offenses. An analysis of common elements shared between State laws, policies, regulations, and judicial precedents. A set of best practice recommendations directed to State governments, including State attorneys general, public health officials, and judicial officers, in order to ensure that laws, policies, regulations, and judicial precedents regarding people living with HIV are in accordance with the principles set forth in subsection (a). Recommendations for adjustments to the UCMJ, including discontinuing the use of a service member’s HIV diagnosis as the basis for prosecution, enhanced penalties, or discharge from military service, in order to ensure that laws, policies, regulations, and judicial precedents regarding people living with HIV are in accordance with the principles set forth in subsection (a). Such recommendations should include any necessary and appropriate changes to Orders to Follow Preventative Medicine Requirements . Not later than 90 days after the date of the release of the report required by paragraph (2), the Attorney General and the Secretary of Health and Human Services shall jointly develop and publicly release updated guidance for States based on the set of best practice recommendations required under paragraph (2)(C) in order to assist States dealing with criminal and related civil commitment cases regarding people living with HIV. Not later than 60 days after the date of the release of the guidance required under paragraph (3), the Attorney General and the Secretary of Health and Human Services shall jointly establish an integrated monitoring and evaluation system that includes, where appropriate, objective and quantifiable performance goals and indicators to measure progress toward statewide implementation in each State of the best practice recommendations required under paragraph (2)(C). Not later than 90 days after the date of the release of the report required under paragraph (2), the designated officials shall develop and transmit to the President and the Congress, and make publicly available, such proposals as may be necessary to implement adjustments to Federal laws, policies, or regulations, including the UCMJ, based on the recommendations required under paragraph (2)(D), either through Executive order or through changes to statutory law. Nothing in this section shall be construed to discourage the prosecution of individuals who intentionally transmit or attempt to transmit HIV to another individual. This section shall not be construed to increase the amount of appropriations that are authorized to be appropriated for any fiscal year.