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Governor Murphy Signs Legislation Decriminalizing Sexual Activity by Persons Infected with HIV

New Jersey

Governor Phil Murphy today signed S3707/A5673, which repeals the statute that criminalizes sexual penetration while infected with a venereal disease or HIV under certain circumstances. 

Additionally, the bill requires that in prosecutions for endangering another by creating substantial risk of transmitting infectious disease, the name of the defendant and other individual be kept confidential.

"For decades, the HIV epidemic has had devastating effects on New Jersey, particularly in our LGBTQ+ communities and communities of color," Governor Murphy said. 

"Repealing the outdated law will eliminate the stigma and fear associated with testing for HIV and other sexually transmitted infections, encouraging more individuals to be proactive in learning about their health. 

This new law, coupled with advances in modern science and medicine, will bolster our efforts to end the HIV/AIDS epidemic in New Jersey."

Primary sponsors for $3707/A5673 include Senators Vitale and Ruiz, as well as former Assemblymembers Vainieri Huttle, Downey, and Zwicker.

"While working with advocates to identify areas to improve our harm reduction system of care, they identified updating our statutes to reflect what we now know about the transmission of certain diseases, especially in light of the advances in treatment, as a huge priority," Senator Joe Vitale said. 

"Signing this bill into law will better protect and destigmatize individuals living with HIV in our state. I am thankful to the advocates who brought this issue to our attention, not only for leading the way on solid public health policy but also in serving those in need in New Jersey."

"For far too long, stigma around HIV/AIDS and the LGBTQ community has guided our laws. This legislation ensures that New Jersey moves forward guided by public health, not bigotry," Assembly sponsors Valerie Vainieri Huttle, Joann Downey, and Andrew Zwicker said. 

"We are honored to be working alongside Garden State Equality, Hyacinth and the Harm Reduction Coalition to put forth this historic legislation."

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