Model Legislation
Illinois HB1063
Act to Decriminalize HIV in the State of Illinois
Health and Human Services (HHS) Committee
Illinois’ HIV criminalization law is outdated, dangerous, and discriminatory. Under current law, people living with HIV (PLWH) face the threat of arrest, prosecution, and incarceration due to their HIV status, even if they do not transmit HIV to another person.
House Bill 1063 repeals this harmful law and modernizes how we approach this public health issue in Illinois.
HIV criminalization does not improve safety or public health in Illinois. Instead, it harms and stigmatizes PLWH, their families, and their communities. The current discriminatory Illinois law:
- Makes otherwise legal behavior – like consensual sex – illegal.
- Adds harsher penalties for ordinarily minor crimes like sharing drug injection equipment.
- Threatens PLWH with arrest, prosecution, and incarceration even if they do not transmit HIV to another person.
- Threatens PLWH with arrest, prosecution, and incarceration if they cannot prove they disclosedvides PLWH with longer prison sentences simply because of their HIV status.
NBCSL Member Sponsors
- Rep. Carol Ammons (IL)