Georgia Modernizes HIV Disclosure Laws To Reflect Scientific Advancements
June 7, 2022—Atlanta, GA, CNP applauds the passage of SB 164—the bill that modernizes Georgia’s decades-old statute criminalizing people living with HIV. The updated legislation introduced by State Senator Chuck Hufsteler (R-52) received bipartisan support and was signed into law by Gov. Brian Kemp on May 9, 2022.
Before the passage of SB 164, a person living with HIV (PLHIV) could face a felony and up to 10 years in prison for not disclosing their HIV status prior to any sexual activity. The degree of risk of HIV transmission was not a factor in the statute—including circumstances where there was no HIV transmission, nor even any risk of HIV transmission.
Under the revised law, a PLHIV who knows their status but fails to disclose it only commits this felony if they engage in a sexual act where there is “a significant risk based on scientifically supported levels of risk of transmission” and they have the specific intent to transmit the disease. Any person with a “specific intent” to transmit HIV to another person also remains subject to prosecution.
CNP, along with our partners are celebrating this significant win after more than five years of organizing and lobbying on behalf of the marginalized communities our organizations represent.
“This historic legislation is the product of years of work from community members, movement advocates, and elected officials,” said Charles Stephens, Executive Director of CNP. “I am inspired and grateful for the tireless efforts of my colleagues and peers. Though I recognize there is still much work left to be done, I am pleased with what we have achieved.”
“As a person living with HIV, I’m encouraged that the legislature understands the advances in HIV science. Ending the stigma around HIV is a necessity to ending the HIV epidemic, and I look forward to continuing efforts that support PLWH,” said Malcolm Reid, Coalition Co-chair and Federal Policy Chair for the People Living With HIV Caucus.
It is still legal to prosecute people living with HIV under archaic criminalization laws that do not reflect modern scientific advancements regarding transmission in dozens of states across the country. Our work is not finished. There are many more fights ahead of us. We must build upon this momentum to ensure that laws criminalizing HIV are not based on stigma or fear but on science.
Media requests across all platforms for CNP on Senate Bill 164 should be directed to the communications director.
ABOUT CNP
The Counter Narrative Project (CNP), shifts narratives about Black gay men to change policy and improve lives. Our organization is committed to working in coalition and solidarity with all racial and social justice movements. We stand in the tradition of organizers, writers, and visionaries such as Bayard Rustin and James Baldwin. Our key initiatives include: (1) The CNP Narrative Justice Fellowship. (2) The CNP Leadership Lab. And (3), the CNP Summit.
