Governor Josh Shapiro has signed Senate Bill 45 into law, rectifying a long-standing criminal sentencing disparity for people living with HIV

PHILADELPHIA — The Philadelphia Department of Public Health (PDPH) applauds the passage of Senate Bill (S.B.) 45, which passed in the Pennsylvania State Assembly last week and was signed into law by Governor Josh Shapiro yesterday. The bill removes HIV from the criminal code in the Commonwealth of Pennsylvania.

For decades, people living with HIV, when charged with a crime in Pennsylvania, have faced potentially harsher penalties because of their HIV status. This disparity has particularly affected sex workers. While prostitution is normally classified as a misdemeanor, offenders who are living with HIV can be charged with a felony, even in situations in which HIV transmission is not possible.

“Living with HIV is not a crime, and HIV criminalization laws have been proven, time and again, not to work for the benefit of the community or in the service of justice,” said Dr. Kathleen A. Brady, Director of PDPH’s Division of HIV Health. “In fact, such laws prevent public health agencies from responding effectively to the HIV epidemic by perpetuating stigma, racism, xenophobia, social and economic injustice — while reducing willingness for people to participate in HIV prevention, testing, and care.”

“The signing of SB 45 is an important step toward ending outdated policies rooted in fear and stigma rather than science,” said Tito Valdes, Esq., Director of LGBTQ+ Affairs. “No one should face harsher treatment under the law because they are living with HIV. We applaud Governor Shapiro and the advocates who worked for years to make this change possible, and remain committed to advancing policies that promote dignity, equity, and public health for all Philadelphians.”

For HIV-related services within the city of Philadelphia, please visit PDPH’s HIV Resource Finder. For access to services and information on all of the Health Department’s efforts to end the HIV epidemic, visit Philly Keep on Loving.