The Ryan White CARE Act passed in 1990 had a significant influence on these laws, as states were required to have criminal regulations on HIV transmission to be eligible to receive federal funds for HIV-related health programs.
In October 2012, the HIV Medicine Association (HIVMA) of the Infectious Diseases Society of America (IDSA) called for the repeal of statutes that criminalize HIV-related behavior, writing: "Policies and laws that create HIV-specific crimes or that impose penalties for persons who are HIV-infected are unjust and harmful to public health around the world."
It argued that such laws contribute to stigmatization and discrimination that inhibit diagnosis and result in "harsh sentencing for behaviors that pose little to no risk of HIV transmission."
It advised that "All state and federal policies, laws and regulations ... be based on scientifically accurate information regarding HIV transmission routes and risk.
[9] On July 15, 2014, the DOJ released a paper called "Best Practices Guide to Reform HIV-Specific Criminal Laws to Align with Scientifically-Supported Factors", designed to guide states in updating their statutes to "reflect contemporary understanding of HIV transmission routes and associated benefits of treatment" and to establish policies that "do not place unnecessary burdens on individuals living with HIV/AIDS".
[11] It called for review of all federal and state laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses.
[14] In 2012, the Department of Homeland Security (DHS) used the conviction of Jose Luis Ramirez, an HIV-positive immigrant, of solicitation for oral sex as an argument for his deportation, calling it a "particularly serious crime".
[18] The following states may currently have laws that prosecute individuals for criminal exposure of HIV: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia,[19] Idaho, Illinois,[20] Indiana,[21][22] Iowa,[23] Kansas, Kentucky, Louisiana, Maryland, Michigan,[24] Minnesota, Mississippi, Missouri,[25] Montana,[26] Nevada, New Jersey, New York,[27] North Carolina,[28] North Dakota, Ohio,[29] Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Washington.
Under that statute, Daniel James Rick, despite having informed his sexual partner of his HIV status, was charged with attempted first-degree assault with great bodily harm.
[34] Senate File 2297 remained on the House’s list of unfinished business and was passed after going virtually unmentioned just in time before the legislature's adjournment in the early hours of 1 May 2014.