Repeals section 2307 of the public health law relating to persons knowing themselves to be infected with venereal disease

◆ The sponsor's argument

Why Julia Salazar says this is needed

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 in 1909 to control the spread of venereal disease solely within the armed forces. During the World War II era combatting STIs became a national priority because, at the time, medical treatment took soldiers out of commission for months. In 1946, the legislature made the law applicable for the first time to the entire public. 76 years later the law, based on obsolete and ill-informed medicine and history, remains an unchanged relic. Modern medicine knows that widespread testing is essen- tial 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 are 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 an exag- gerated and biased fear, stereotyping those affected by the disease, and assigning 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 about a group's sexual practices can lead to laws that punish and condemn, rather than provide care. The criminal laws are based on an outdated understanding of the routes and risks of transmission which results in insidious discrimination against people living with HIV and other stig- matized 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.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.