Nashville CARES Advocacy achieves legislative and grassroots victories by teaming up with the Tennessee AIDS Advocacy Network [TAAN]. Our efforts focus on creating an environment of dignity and respect for those living with HIV.
Modernizing the current criminalization laws for people living with HIV is a vital part of eliminating stigma and creating a safer, more equitable state for them to live. Together, we’ve been working on HIV law modernization for many years. The strides made over the past few years are nothing short of incredible, but clearly there’s still much more to be done.
Up until July 2023, Tennessee law stated that if a person living with HIV knowingly exposed another individual, they were subject to the penalties of a Class C felony. That law also required that the offender be listed on the sex offender registry for a violent sexual offense. The law did not require actual transmission of HIV, nor did it draw a distinction between intentional harm, consensual relationships or protective measures that may have been taken to prevent transmission.
Nashville CARES Advocacy and TAAN brought a bill (HB0832/SB0807) to the Tennessee state legislature during the 113th General Assembly. This bill sought to eliminate the requirement that people convicted of HIV Criminal Exposure be placed on the sex offender registry. After a defeat in the House in 2022, the bills were reintroduced in 2023 with a new House sponsor. The legislation was finally approved, and the bill signed into law effective 7/1/2023 (TCA 39-13-109).
While HIV criminal exposure is still considered a Class C Felony, the law now provides a pathway for those convicted to petition to be removed from the Sex Offender Registry. It also removes the registration requirement going forward.
Sadly, there are still other state laws on the books that unfairly criminalize people living with HIV. We strongly believe that using archaic laws to criminally punish someone simply for living with HIV is wrong. We will continue to fight for change, because we know it’s the right thing to do.
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Contact
Paula D. Foster, LCSW
Advocacy & Special Projects Coordinator
615-294-1319
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