HIV is Not a Crime Day Resolution

Bill Number

H.Res. 1084

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Health

Status

Introduced

Latest Action

2026-02-25: Referred to the House Committee on Energy and Commerce.

Last Updated

2026-03-04T09:06:07Z

AI-Generated Summary

Purpose

This House Resolution (H. Res. 1084) aims to express congressional support for designating February 28 as "HIV is Not a Crime Awareness Day." It seeks to raise awareness about the criminalization of people living with HIV (human immunodeficiency virus, a virus that can lead to AIDS) and affirm that individuals should not face legal penalties solely because of their HIV status. The resolution emphasizes ending outdated laws that punish people with HIV for behaviors that may not transmit the virus, promoting education, reducing stigma, and advancing public health efforts to end the HIV epidemic.

Key Provisions

The resolution includes extensive background ("Whereas" clauses) highlighting the history and issues of HIV criminalization, followed by 10 specific points of support in the "Resolved" section:

• Supports the goals of "HIV is Not a Crime Awareness Day" to advocate for decriminalizing HIV and amplifying affected voices.
• Encourages federal, state, and local governments, along with judicial, healthcare, educational, and media entities, to recognize and promote the day.
• Calls for education of communities, law enforcement, and others on HIV prevention, treatment, transmission risks, disclosure of status, and care options.
• Promotes including accurate, inclusive information about HIV (including pre-exposure prophylaxis, or PrEP, a medication to prevent HIV infection) in school sex education programs.
• Affirms that people with HIV should not be criminalized or face harsher penalties based only on their status.
• Supports repealing scientifically outdated HIV-specific laws that punish consensual behaviors or actions with no transmission risk.
• Honors individuals and communities harmed by HIV criminalization, such as those prosecuted or incarcerated.
• Encourages public dialogue, awareness, and evidence-based policies that reduce stigma and promote health, justice, and equity based on current science.
• Recognizes how restrictions on bodily autonomy (e.g., limits on abortion, birth control, or gender-affirming care) can worsen HIV stigma, access to testing/treatment, and criminalization risks.
• Supports increased funding for HIV programs, including medical mentorship, peer support, education on testing/treatment, access to PrEP and post-exposure prophylaxis (PEP, emergency treatment after potential exposure), and smoother entry into HIV care.

Significant Changes to Existing Law

This is a non-binding resolution, so it does not amend or create new laws. It expresses the House's position but relies on future legislative action at federal or state levels to drive changes, such as repealing HIV-specific criminal laws in the 32 states that have them or removing penalty enhancements in 28 states.

Potential Impacts

• On Government Agencies: May encourage agencies like the Centers for Disease Control and Prevention (CDC) and state health departments to prioritize anti-stigma education and funding for HIV prevention/treatment, potentially shifting resources toward public health over enforcement.
• On Citizens: Could reduce stigma and fear among the estimated 1.1 million people living with HIV in the U.S., encouraging more testing, disclosure, and treatment. Disproportionately affected groups (e.g., Black and brown communities, Black women, transgender women, and sex workers) may benefit from less discrimination and better access to care, though it does not directly alter prosecutions (e.g., up to 25% of cases involve non-transmissible acts like spitting).
• On International Relations: Minimal direct impact, as it focuses on U.S. domestic policy, but it aligns with global public health goals (e.g., UN efforts to end HIV stigma) and could influence U.S. advocacy abroad.

Main Stakeholders Affected

• People Living with HIV: Primary beneficiaries, especially marginalized groups like Black and brown individuals, women, transgender people, and sex workers, who face higher prosecution rates and HIV incidence.
• Communities and Advocacy Groups: Those impacted by HIV, including families and support networks, who gain visibility and calls for justice.
• Law Enforcement and Judicial Systems: Encouraged to adopt science-based approaches, potentially reducing misuse of laws (e.g., sex offender registration in 5 states).
• Healthcare and Education Providers: Tasked with delivering accurate HIV information and programs, including PrEP/PEP access.
• Lawmakers and Policymakers: Urged to modernize or repeal laws, building on reforms in 12 states and full repeals in 5 others.
• Media and Public: Involved in raising awareness to combat stigma.

Notable Legal, Constitutional, or Political Implications

• Legal: Highlights how HIV criminalization laws often lack scientific basis (no evidence they reduce transmission) and may violate equal protection principles by disproportionately targeting minorities, potentially setting the stage for legal challenges under the U.S. Constitution's due process and equal protection clauses.
• Constitutional: Reinforces privacy and bodily autonomy rights by critiquing laws that penalize status without intent or risk, echoing broader debates on health privacy (e.g., under the Fourth Amendment against unreasonable searches).
• Political: Represents a bipartisan push (introduced by multiple representatives) toward equity in public health policy, countering stigma amid ongoing HIV diagnoses (39,201 in 2023). It could influence state-level reforms and federal funding debates, but as a resolution, its effect depends on broader political will to address intersecting issues like reproductive rights and discrimination.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Pocan, Mark [D-WI-2]

Cosponsors (12)

Rep. Cohen, Steve [D-TN-9], Rep. Davis, Danny K. [D-IL-7], Rep. Gottheimer, Josh [D-NJ-5], Rep. McIver, LaMonica [D-NJ-10], Rep. Moore, Gwen [D-WI-4], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Ramirez, Delia C. [D-IL-3], Rep. Takano, Mark [D-CA-39], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Kelly, Robin L. [D-IL-2], Rep. Balint, Becca [D-VT-At Large], Rep. Tlaib, Rashida [D-MI-12]

Recent Actions

• 2026-02-25: Referred to the House Committee on Energy and Commerce.
• 2026-02-25: Submitted in House
• 2026-02-25: Submitted in House

Bill Versions

• HIV is Not a Crime Day Resolution — issued 2026-02-25 — PDF (5 pages)