Bill decriminalizing HIV transmission passes Senate

  • The Illinois Capitol building

    The Illinois Capitol building Jake Griffin | Staff Photographer, 2013

 
 
Updated 5/25/2021 3:32 PM

SPRINGFIELD -- The Illinois Senate on Tuesday passed a measure decriminalizing the transmission of HIV.

The measure has already passed the House and will need only a signature from Gov. J.B. Pritzker to become law.

 

House Bill 1063 would eliminate existing criminal statutes that penalize HIV transmission as a Class 2 felony. If Pritzker signs the bill, Illinois would join 11 other states that do not have laws criminalizing the transmission of HIV, including Arizona, New Mexico and Texas.

HB 1063 also would repeal existing laws allowing law enforcement or state's attorneys to access a person's HIV status. Under current criminal law, a person who transmits HIV to another person can be charged with "criminal transmission of HIV."

Current law prohibits the forced disclosure of a person's HIV status but provides exceptions for law enforcement officials or state's attorneys to subpoena or petition for the HIV status of criminal defendants.

The Illinois HIV Action Alliance, which lobbied for the bill, praised its passage.

"The truth is HIV criminalization never improved safety or public health in Illinois -- in instead, it has only caused suffering to people living with HIV, their families, and their communities. It has promoted stigma and discrimination, and it has discouraged testing, treatment, and disclosure for decades," the group wrote in a written statement Tuesday.

Sen. Robert Peters, a Chicago Democrat, sponsored the bill in the Senate, and Rep. Carol Ammons, an Urbana Democrat, was lead sponsor in the House.

It passed out of the Senate by a vote of 37-17 on Tuesday, and passed from the House last month by a vote of 99-9.

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