House hearing examines bill to remove HIV-related felony enhancement for prostitution

A House Judiciary Committee hearing on House Bill 632 convened to consider ending a felony sentencing enhancement in Pennsylvania that applies when a person living with HIV is charged with prostitution.

The bill, introduced by Representative Ben Waxman, would remove the HIV-specific felony enhancement enacted in 1995 and allow resentencing for people previously convicted under that provision. Representative Ben Waxman said the enhancement is “a relic of a bygone era” and noted he was “pleased to learn that the DA's Association [is] supportive of this bill.”

Why it matters: Witnesses told the committee the provision reinforces stigma and undermines public health goals by discouraging testing and care. Andrea Johnson, founder of Girl You Can Do It Inc. and a person living with HIV, said removing criminalization would reduce stigma and barriers to testing and care. “HIV is not a crime,” Johnson said. Dr. Jay Kossman, chief medical officer of Philadelphia Fight Community Health Centers, urged lawmakers to consider current science, saying that effective antiretroviral treatment can reduce virus levels to undetectable, and that “undetectable equals untransmittable.” Rhonda Goldfein, executive director of the AIDS Law Project of Pennsylvania, said the enhancement has been rarely charged and noted changes in federal law removed earlier incentive for states to keep HIV-specific criminalization provisions.

Testimony and evidence: Speakers described prosecution data and national reviews. Committee members were told that since enactment in 1995 the enhancement had been charged 47 times overall and 27 times between 2017 and 2021; of those 27 charges, 25 were dismissed, leaving two outstanding counts that advocates said did not allege actual transmission. Witnesses cited national research and right-to-know requests compiled by advocacy groups showing most prosecutions under HIV-specific statutes did not involve actual transmission.

Discussion vs. decision: The hearing collected testimony and questions from members but did not include a committee vote on HB 632. Witnesses and sponsors asked the committee to move the bill forward; several members thanked testifiers and indicated support but no formal committee action on HB 632 was recorded in the transcript.

Ending: The committee adjourned the hearing; members scheduled a voting meeting later in the day. HB 632 remains at the hearing stage according to the transcript record.