Please ensure Javascript is enabled for purposes of website accessibility Waxman, Kenyatta celebrate passage of bill modernizing Pennsylvania HIV law

Waxman, Kenyatta celebrate passage of bill modernizing Pennsylvania HIV law

Pennsylvania House Democratic Caucus    July 13, 2026 | 1:38 PM

After years of advocacy and partnership to end the criminalization of HIV status in Pennsylvania, state Reps. Ben Waxman and Malcolm Kenyatta, both D-Phila., today celebrated the passage of legislation (S.B. 45) that mirrors Waxman’s H.B. 632. Both lawmakers described the measure as a landmark victory in their shared effort to modernize the commonwealth's outdated HIV laws.

“Today the Pennsylvania legislature did something historic -- we have formally repealed the criminalization of HIV in the commonwealth. For years I’ve championed this cause because the felony enhancement on our books lacked common sense and rejected clear science,” Kenyatta said. “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.

“I’m so grateful that my colleague state Rep. Ben Waxman was able to get this across the finish line with bipartisan and bicameral support. Decriminalizing HIV helps break the stigma associated with the diagnosis and brings us closer to a legal framework based on science -- not subjective morality.”

Senate Bill 45 mirrors Waxman’s H.B. 632, companion legislation that addresses outdated provisions that advocates and public health experts say contribute to stigma and discourage HIV testing and treatment. The legislation has been supported by public health organizations and advocates who have long called on Pennsylvania to modernize its HIV criminalization statutes.

Under current Pennsylvania law, offenses such as prostitution carry enhanced felony penalties for people living with HIV, even in circumstances where HIV transmission is not possible. Senate Bill 45 eliminates that outdated provision, bringing state law more in line with modern medical science and public health best practices.

Waxman said: “Today, HIV is a manageable condition that can be treated and controlled with medication. With a regimen of antiretroviral therapy, people with HIV can live long, productive and healthy lives and reduce transmission. We cannot criminalize anyone for their health status; it’s simply inhumane."