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Culture The Advocate

Josh Shapiro repeals HIV law that made a diagnosis a felony enhancement in Pennsylvania

Pennsylvania just became a safer state for people living with HIV.Gov. Josh Shapiro signed a new law eliminating a felony enhancement for people with HIV who fail to disclose their status while engaging in prostitution. LGBTQ+ lawmakers had pushed for years to roll back a statute first enacted amid the fear and misinformation surrounding the AIDS epidemic.Members of the Pennsylvania LGBTQ+ Equality Caucus had worked for years to modernize the state’s criminal code. The caucus issued a statement after the legislation passed the state House this month, noting that prostitution is generally a misdemeanor in Pennsylvania, while engaging in sex work without disclosing an HIV diagnosis could bring a felony charge — even when a person has an undetectable viral load and cannot transmit the virus sexually.Related: Pennsylvania House approves Malcolm Kenyatta’s marriage equality bill to update outdated state law“For years I’ve championed this cause because the felony enhancement on our books lacked common sense and rejected clear science,” said Pennsylvania Rep. Malcolm Kenyatta, an out Democrat. “This massive bipartisan victory is the direct result of unrelenting advocacy and bringing my colleagues and other advocates together to fight for equality. This victory will ensure that people are not considered felons because of a medical diagnosis.”The legislation, Senate Bill 45, passed both chambers of the Pennsylvania General Assembly earlier this month without a dissenting vote. Its prime sponsor was a Republican, Pennsylvania Sen. Cris Dush. The measure made several changes to Pennsylvania’s laws governing commercial sex, including reclassifying most prostitution offenses under the portion of state law addressing human trafficking.Related: Pennsylvania lawmakers advance LGBTQ+ protections despite GOP objections“This legislation is absolutely not designed to prosecute the vulnerable,” Dush said. “The Johns, the pimps, the abusers of those young boys and

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