H.Res. 1084

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1084 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. RES. 1084

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.

_______________________________________________________________________

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
Resolved, 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.
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