Comments Document

Hello, My name is Deirdre Speaks Johnson. Co-founder of Ending Criminalization of HIV and Overincarceration in Virginia (ECHO VA) Coalition. I am a Black woman living with HIV for 23 years and have assisted in changing Virginia’s HIV criminalization laws in 2021. Receiving my HIV diagnosis in 2000 versus a person receiving an HIV diagnosis in 2019 is drastically different. Care and treatment services are well advanced with appropriate options to get some people living with HIV to an undetectable viral load, meaning I cannot transmit HIV to any sexual partner. In addition, the CDC has recommended that there is zero risk for an individual to transmit HIV if protective barriers are utilized or if the person has an undetectable viral load. Thus, I ask that this committee vote against HB 435. This bill will: further perpetuates stigma towards people who live with HIV (PLHIV) or hepatitis by singling out diseases that have a no to low risk of transmission. work against public health efforts for prevention, testing, treatment, and care creates undue harm to Virginians. Especially to those who are newly diagnosed or new to treatment and care for HIV and hepatitis provide further fiscal impact to the state As a birthing parent, I was informed of this law when I received my diagnosis, but after researching and learning more about HIV criminalization laws, I saw that laws like the infected sexual battery law do not exist for other communicable diseases. This is why I have made it my passion, along with countless others to stand firm on HIV NOT BEING A CRIME. And neither is living with any communicable disease. Health conditions should not be criminalized in any way shape or form. Representative Arnold, I further ask that you meaningfully and intentionally engage with individuals who will be impacted by the enactment of this law. ECHO VA welcomes a meeting with you and your office to discuss how we can work together to create a viable solution for everyone.

Comments Document

Hello, my name is Dr. Cedric Pulliam and I am the co-founder of the Ending Criminalization of HIV and Overincarceration in Virginia (ECHO VA) Coalition. In the 2021 Session Senate Bill 1138 made several changes to VA’s HIV criminalization laws, including repealing the compulsory testing statute. The statute allowed for testing in two situations: (1) Charge: A Commonwealth attorney (CA) could request HIV testing of an individual charged with sexual assault once charged with the offense. Should the individual refuse, a court with jurisdiction over the case could require testing against the individual’s consent where the court finds probable cause the individual committed the sexual assault. (2) Conviction: A CA, with the victim’s consent, could request and a court would order the individual convicted of sexual assault to undergo testing for HIV. HB 435 Allows a local attorney for the Commonwealth in the county or city in which such exposure occurred to file a petition for an order requiring testing and disclosure of test results on behalf of a law enforcement officer when a law enforcement officer is directly exposed to the bodily fluid of a person. This does not align with or abide by current CDC guidelines as the CDC states, “HIV testing should always be voluntary and adhere to ethical and human rights principles. Every decision to seek HIV testing should be based on individual practice, rather than mandated by law. The CDC, World Health Organization, and UNAIDS are all clear on this issue: HIV testing, no matter how it is delivered, must always respect the right to decline. Requiring someone to take an HIV test in custody violates their fundamental right to privacy and runs contrary to the notion of informed consent and public health. Informed consent demands the right to refuse testing without consequences or coercion. Forced HIV testing is unethical and discriminatory, exacerbates HIV-related stigma, and harms our efforts to end the HIV epidemic. Furthermore, where is the legal or medical precedent to allow a city or council official to have such authority regardless of who it is for. This is dangerous territory and opens the door to allowing city and county attorneys power that is usually at the discretion of Commonwealth attorneys. Additionally, We must be especially clear when the criminal legal system is involved. Forced HIV testing in the context of an alleged criminal offense is not performed to protect health but rather to establish a basis for prosecution and incarceration or other coercive measures. These practices reach far beyond the courtroom and contribute to the marginalization of people living with and vulnerable to HIV. Forced HIV testing is also a bad fiscal policy! We can now take the money saved by eliminating compelled HIV testing/education and put it toward public health efforts, such as expanded voluntary testing. ECHO VA Coalition deplores the members of the House Health Subcommittee and sponsors Delegate Arnold to reconsider HB435 for this legislative session. This bill is not based on public health ethical practices as it encourages mandatory testing when the federal and many of the 50 states' statewide public health authorities do not align with mandatory testing for any personnel. We strongly oppose HB435 and recommend delegates to kill this bill and ECHO VA Coalition leadership is happy to meet with Delegate Arnold to discuss the origin and a better resolution for HB435. *See attachment from CDC*