"Having a virus shouldn't be a crime." Rep. Turner Aims to Decriminalize HIV

Feb 28, 2023

OKLAHOMA CITY – Rep. Mauree Turner, D-Oklahoma City, hopes to encourage testing and treatment for HIV in rural Oklahoma by decriminalizing the virus.

“It’s simple. Having a virus shouldn’t be a crime. HB 2343 will decriminalize HIV. The current law targets people living with HIV, despite the virus being recognized under the American Disabilities Act,” Rep. Turner said.

Last year, Oklahoma was identified as one of seven states in the U.S. with the highest rural HIV burden, according to the Oklahoma State Department of Health. Other states include Alabama, Arkansas, Kentucky, Mississippi, Missouri and South Carolina.

Under current law, it is a felony offense and punishable by up to five years in prison if a person living with HIV engages in conduct with the intent to transmit the virus to another individual. 

Supporters of HB 2343 said prosecutions under this law have resulted in convictions where there was no clear intent to transmit the virus.

Rep. Turner said the current law is antiquated, not well-defined and discourages people from getting tested and getting treatment.

“HB 2343 could save lives and slow the transmission of HIV in our rural communities.” Rep. Turner said.

In 2022, OSDH partnered with the U.S. Department of Health to end the HIV epidemic. The initiative encourages rural Oklahomans to get tested and know their status. The health department is now offering free, at-home rapid self-tests as part of an effort to help decrease the spread of the virus.

The free test kits can be ordered online at testkitrequest@health.ok.gov and are mailed in a discrete package that also contains resources and information.

“HB 2343 would encourage testing and treatment of HIV. New medications and therapies allow everyday Oklahomans living with HIV to lead healthy lives. With proper treatment, the virus can be reduced to undetectable levels which could reduce the rate of transmission and increase the health of our rural communities.” Rep. Turner said.

HB 2343 is expected to be heard Wednesday in the Criminal Justice and Corrections Committee.

Oklahoma House of Representatives seal