BILL NUMBER: S4545

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to criminal
liability for persons living with sexually transmitted infections who
engage in sexual activity; and to repeal section 2307 of the public
health law relating to persons knowing themselves to be infected with
venereal disease

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill decriminalizes people living with sexual transmitted
infections who engage in consensual sexual activity.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 declares the ameliorative intent of the legislation.

§ 2 repeals Section 2307 of the public health law.

              

§ 3 amends Section 160.50 of the criminal procedure law to permit
expungement for individuals previously convicted under Section 2307 of
the public health law.

§ 4 creates a defense to ensure that consensual sexual conduct does not
create criminal liability.

 
JUSTIFICATION:  New York's HIV and STI criminalization law, Public
Health Law § 2307, is at odds with modern public health policy. The law
first came into effect into 1909 to control the spread of venereal
disease solely to the armed forces. During the World War II era combat-
ting STIs became a national priority because, at the time, medical
treatment took soldiers out of commission for months. In 1946 the legis-
lature made the law applicable for the first time to the entire public.
76 years later the law, still based on obsolete medicine and history,
remains an unchanged relic. Modern medicine knows that widespread test-
ing is essential to treating and reducing transmission of all diseases;
yet this law disincentivizes testing for some diseases as knowledge of
one's status could lead to prosecution. There is no research or data
supporting the idea that laws criminalizing diseases do anything to
lower transmission rates or encourage treatment or disclosure of one's
status. Disease criminalization directly conflicts with public health
goals and weakens any effective response from public health entities by
promoting stigma and shame that can delay or prevent treatment.

Moreover, PHL § 2307 has a disproportionate effect on communities of
color, especially LGBTQ communities of color. The law reflects oversized
fear, stereotyping of those affected by the disease, and assignment of
blame to already-marginalized members of society, such as the poor, sex
workers, Black and Brown communities, and new immigrants. When a disease
can be sexually transmitted, moral panic and stereotypes abut the sexual
practices of these groups can lead to laws that punish and condemn,
rather than provide care. These criminal laws are based in an outdated
understanding of the routes and risks of transmission and reflect invi-
dious discrimination against people living with HIV and other stigma-
tized diseases.

Repealing PHL § 2307 updates New York's law to reflect today's under-
standing that responding to health care problems with carceral solutions
is ineffective, stigmatizing, and discriminatory.

 
PRIOR LEGISLATIVE HISTORY:

S.4603 of 2023-2024 (Hoylman-Sigal): Passed Senate

A.3347 of 2023-2024 (Gonzalez-Rojas): Died on Third Reading

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.