HIV is Not a Crime Day Resolution

119 HRES 1084 IH: HIV is Not a Crime Day Resolution U.S. House of Representatives 2026-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IV 119th CONGRESS 2d Session H. RES. 1084 IN THE HOUSE OF REPRESENTATIVES February 25, 2026 Mr. Pocan (for himself, Mr. Cohen , Mr. Davis of Illinois , Mr. Gottheimer , Mrs. McIver , Ms. Moore of Wisconsin , Ms. Norton , Mrs. Ramirez , Mr. Takano , and Mrs. Watson Coleman ) submitted the following resolution; which was referred to the Committee on Energy and Commerce RESOLUTION Support for the designation of February 28 as HIV is Not a Crime Awareness Day and affirming that people living with HIV should not be criminalized based on their HIV status. Whereas this resolution may be cited as the HIV is Not a Crime Day Resolution Whereas HIV is Not a Crime Awareness Day is a nationwide observance that calls on people to take action to invest in the decriminalization of HIV; Whereas HIV is Not a Crime Awareness Day was established to raise awareness about the criminalization of people living with HIV and to amplify the voices of individuals and communities most impacted by HIV criminalization; Whereas HIV criminalization is antiquated enforcement of laws that either criminalize otherwise legal conduct or increase the penalties of illegal conduct based on a person’s HIV-positive status, often regardless of transmission occurring, proof of intent to transmit, the possibility of transmission, the risk of transmission, or proof of disclosure; Whereas more than 40 years into the epidemic, the Centers for Disease Control and Prevention estimates that in the United States more than 1,132,739 people are living with HIV, and 39,201 people were diagnosed with HIV in the United States in 2023; Whereas there is no study or data to support that HIV criminalization laws prevent or lower HIV transmission rates or promote disclosure of HIV status; Whereas there are 32 states with HIV-specific exposure and/or transmission laws, and 28 states have harsh criminal penalty enhancements that heighten charges based on a person knowing that they are living with HIV; Whereas there are 5 states that require a person to register on a Sex Offense Registry as part of the punishment for a conviction under HIV-specific laws; Whereas up to 25% of the cases prosecuted are for spitting or biting, which do not transmit HIV; Whereas 12 states have modernized their HIV criminalization laws in various ways (IA, CA, CO, LA, NC, MI, MO, NV, WA, TN, VA, and GA) and 5 states have repealed (TX, NJ, IL, ND, and MD); Whereas a critical step in changing these laws includes educating communities, lawmakers, public health support staff, leaders in impacted communities, law enforcement, and stakeholders in the judicial system; Whereas according to the Williams Institute reports done in multiple states, Black and brown communities are most impacted by HIV criminalization laws, as well as further disenfranchisement by HIV incidence rates; Whereas Black women and transgender women are also disproportionately impacted by HIV criminalization laws, especially in states where there are laws that specifically target sex workers; Whereas HIV is Not a Crime Awareness Day is a call to action to end state-sanctioned violence towards communities of people living with HIV; Whereas evidence shows that HIV criminalization laws undermine public health efforts by deterring people from seeking HIV testing/treatment, stigmatizing those living with HIV, and the communities most impacted by HIV; Whereas in order to end the HIV epidemic, we must end HIV criminalization, promote education about HIV, increase HIV funding for treatment and prevention, and reduce stigma and discrimination towards people living with HIV; and Whereas February 28 of each year is now recognized as HIV is Not a Crime Awareness Day : Now, therefore, be it That the House of Representatives— (1) supports the goals and ideals of HIV is Not a Crime Awareness Day ; (2) encourages federal, state and local governments, their judicial and healthcare, and educational agencies, schools, and media organizations to recognize and support such a day; (3) supports community and law enforcement education on prevention, treatment, transmission, disclosure, and care; (4) promotes up-to-date, inclusive, culturally responsible, and medically accurate information about HIV, including pre-exposure prophylaxis (PrEP), in sex education curricula to ensure that all people are educated about HIV; (5) affirms that people living with HIV should not be criminalized or subject to enhanced punishments solely on the basis of their HIV status; (6) supports removal of HIV laws that are scientifically inaccurate and unfairly criminalize people living with HIV for behaviors that are consensual or have no risk of transmission; (7) honors and supports individuals and communities affected by HIV criminalization, including those who have been prosecuted, incarcerated, or otherwise harmed under such laws; (8) encourages awareness and education, public dialogue, and evidence-based approaches that reflect current scientific understanding of HIV, reduce stigma and promote public health, justice, and equity; (9) recognizes the direct impact from harmful legislative efforts seeking to restrict bodily autonomy, such as restrictions on abortion and birth control access and bans on gender affirming care, which negatively impact access to non-stigmatizing HIV prevention, education, confidential testing and treatment, and increases risk for criminalization; and (10) supports the increase of funding for programs that support people impacted by and living with HIV, as well as programs that support medical mentorship, peer navigation, educating communities on testing and treatment options, PrEP and PEP access, and programs that ensure a smoother transition to HIV care.