Under the prior law, any person living with HIV who did not disclose positive HIV status prior to a sexual act could face a felony charge punishable by up to 10 years in prison, according to Georgia Equality, an LGBT advocacy group.
The revised law is narrower in scope. Now, Georgia law penalizes only those sexual acts performed by a person living with HIV “with the intent to transmit HIV” when the act “has a significant risk of transmission based on current scientifically supported levels of risk transmission.”
Such incidents could still be punished as felonies, but the maximum punishment has been reduced to five years.
The bill also excludes punishment when a person living with HIV is forced to perform a sexual act against his or her will, as in cases of sexual assault or rape.
State Sen. Chuck Hufstetler, R-Rome, initially sponsored the bill in the Senate. It was strongly supported by Georgia Rep. Sharon Cooper, R-Marietta, the chair of the House Health and Human Services Committee.
The bill passed the Senate with just two “no” votes before clearing the House unanimously.
“The current HIV laws were written in the 1980s,” Hufstetler said Wednesday. “They really didn’t distinguish between HIV and AIDS [and] criminalized hypodermic needles and syringes.
“I’m hoping that laws that align with public health best practices will contribute to better control of individuals that have obtained [HIV] and also a reduced infection rate. As an anesthesia provider in the medical community, I believe it’s my responsibility to correct these things in laws when I become aware of them,” Hufstetler said.
“As a person living with HIV, I’m encouraged that the [Georgia] legislature understands the advances in HIV science,” added Malcolm Reid, coalition co-chair and federal policy chair for People Living with HIV Caucus, in a press release. “Ending the stigma around HIV is a necessity to ending the HIV epidemic.”
The new law will “hopefully will result in fewer convictions,” said Catherine Hanssens, the executive director for the Center for HIV Law and Policy in New York.
“At the same time, the law is still HIV-specific, singling out people living with HIV for uniquely negative treatment in a way that other serious and incurable diseases are not…There is still work to be done,” Hanssens added.
The change to Georgia law reflects advances in HIV treatment, especially the development of drugs that can suppress the amount of virus in the blood, also called the “viral load.”
Drug regimens can effectively suppress the amount of virus in the blood to very low or even undetectable levels, according to the federal Centers for Disease Control (CDC).
“If you have an undetectable viral load, you have effectively no risk of transmitting HIV to an HIV-negative partner through sex,” according to the CDC website. Most people who follow the appropriate drug treatments can reach an undetectable viral load in just six months, the agency says.
There were 56,466 people living with HIV in Georgia in 2019, according to AIDSVu, an online tracking tool based at Emory University in Atlanta. Of those, about two-thirds, or 33,370, had achieved viral suppression, or very low levels of virus in the blood.
Most Georgia cases were transmitted by sexual contact, but around 7% of cases in Georgia are attributable to injecting drugs, according to AIDSVu data.
The bill also changes Georgia law so that distributing hypodermic needles or syringes is no longer punishable.
This story is available through a news partnership with Capitol Beat News Service, a project of the Georgia Press Educational Foundation.
ATLANTA — The Georgia Department of Public Health discussed increasing fentanyl overdose deaths, COVID rates, and a mysterious hepatitis outbreak among children at its monthly meeting Tuesday.
Fentanyl-involved overdose deaths in Georgia increased 218% from 2019 to 2021, said epidemiologist Dr. Laura Edison. That drastic increase represents 1,248 deaths in a two-year-period.
Fentanyl, a synthetic opioid, is particularly dangerous because it is 100 times more potent than morphine and because it is often mixed with non-opioid street drugs, said Edison.
Drug users may not know that their drugs are laced with fentanyl and just “one pill is enough to kill,” Edison emphasized.
Fentanyl has flooded American streets in the past few years. The Atlanta-Carolina High Intensity Drug Taskforce Agency seized a staggering 70,843 doses of fentanyl in 2021, compared to just 3,415 doses seized by the same agency in 2020, said Edison.
That’s about a twenty-fold increase. Such seizures are “just the tip of the iceberg” of the amount of the drug actually on Georgia streets, Edison said.
Almost all fentanyl-involved deaths in Georgia involve another drug as well. These include fentanyl-laced cocaine, amphetamines, and benzodiazepines like Xanax.
“No part of the state is being spared from this,” Edison said. “While we’re seeing the highest counts of overdoses in urban areas, the rates of opioid overdoses tend to be higher in non-urban areas.”
Along with public education efforts, “we need to get naloxone into more hands,” Edison said. Naloxone (brand name Narcan) is an easy-to-administer drug that can rapidly reverse the effects of an opioid overdose, preventing deaths.
Naloxone is available to anyone in Georgia without a prescription under a standing order from 2019, Public Health Commissioner Dr. Kathleen Toomey pointed out.
However, “angry consumers” have recently called the agency complaining about the high cost of the drug, said Toomey.
Toomey said some of the $636 million coming to the state from an opioid lawsuit settlement with large pharmaceutical companies could help fund getting Naloxone “into the hands of individuals.”
Fentanyl test strips are another harm reduction measure that “have been shown to be effective in preventing overdoses and altering drug taking behaviors,” said Edison, the DPH epidemiologist. The test strips allow drug users and dealers to test their drugs for fentanyl.
A bill the General Assembly passed this year would remove Georgia’s legal prohibition on fentanyl test strips. That bill is awaiting Gov. Brian Kemp’s signature.
It’s not yet clear how the state will ensure the strips are widely distributed once the bill is signed. That could be another effort funded by the opioid lawsuit settlement funds, Edison said.
State Epidemiologist Dr. Cherie Drenzek updated the board about the mysterious cases of pediatric hepatitis first identified in previously healthy children in Alabama last fall and now being found across the country and the world.
Drenzek emphasized that though the cases of pediatric hepatitis are serious, they are also very rare.
So far, 109 children with the previously unknown form of hepatitis have been identified in the United States, including “several” in Georgia.
None of the children had been vaccinated for COVID, so the outbreak is not driven by the vaccine, as some have speculated. Nor are the cases related to COVID, according to a statement from the federal Centers for Disease Control and Prevention.
Drenzek said one hypothesis scientists are exploring is whether the hepatitis is caused by the common – and usually mild – adenovirus type 41. About half of the children with hepatitis tested positive for the adenovirus, said Drenzek.
“The CDC is casting a very wide net to try identify affected patients and ask very detailed questions about a number of potential exposures,” Drenzek said.
COVID numbers are also on the rise in Georgia, with about a 65% increase in reported cases over the last two weeks, Drenzek said. This is in line with national trends.
A new subvariant (BA.2.12.1) is “highly transmissible” and makes up around 40% of all circulating COVID-19 virus in the United States, Drenzek explained.
She emphasized that COVID numbers are “still at relatively low levels” compared to prior surges and described the current increase as “a slow, steady wave.”
Drenzek said vaccinations and boosters continue to prevent severe cases. About 56% of the Georgia population has been fully vaccinated and 24% of the population has received a booster, she said.
“We’re again very grateful for the protective ability of our boosters,” Drenzek said.
The Department of Public Health has recently distributed more than 58,000 home testing kits to county health departments and health districts across the state, said Dr. David Newton, the agency’s Director of Health Protection.
Though the results of most home tests are not reported, the home tests are helpful for people who cannot or do not want to go to the 132 public testing sites currently sponsored by the department, Newton said.
This story is available through a news partnership with Capitol Beat News Service, a project of the Georgia Press Educational Foundation.
ATLANTA — The Georgia House Democratic Caucus held a press conference Monday in which representatives – all women – decried the potential loss of abortion rights in Georgia and urged voters to support pro-choice candidates in upcoming elections.
The caucus called the press conference in response to the leak of a draft U.S. Supreme Court opinion that indicates the court is likely to overturn the Roe v. Wade precedent that legalized abortions in 1973.
“I was shocked that it actually seems to be happening,” said Rep. Mary Margaret Oliver, D-Decatur, about the leaked Supreme Court opinion. “This is a significant change in the history of our country.”
“I am deeply afraid for the lives of women,” Oliver said.
The Georgia legislature passed a law in 2019 that outlawed most abortions in the state. House Bill 481 – the so-called “heartbeat bill” — prohibited most abortions after a fetal heartbeat can be detected, generally at around six weeks of pregnancy.
Gov. Brian Kemp signed the bill into law in May 2019. Reproductive rights groups then successfully challenged the law in federal court. A judge permanently enjoined the law in January 2020.
But if the Supreme Court overturns Roe v. Wade, Georgia’s HB 481 could quickly go back into effect, Oliver said. There would be an “open door” for the state to move the courts to reinstate the law.
Oliver said she keeps “hearing rumors” that Kemp may call a legislative special session to enact a ban on abortions before the 2023 session.
Former U.S. Sen. David Perdue, who is running against Kemp in the Republican gubernatorial primary on May 24, has called for a special legislative session to ban abortion in Georgia as soon as Roe v. Wade is overturned.
“You are either going to fight for the sanctity of life or you’re not,” Perdue tweeted last week.
Some Republican primary candidates have said they are against abortion with no exception for rape or incest.
Rep. Shea Roberts, D-Atlanta, said Monday she decided to publicly share her own story about deciding to have an abortion after finding out about the leaked opinion.
Roberts said she terminated a pregnancy 15 years ago after learning that her fetus had an incurable chromosomal abnormality that was “incompatible with life.”
Roberts, who already had a child, considered carrying the pregnancy to term. But she decided not to because of the health risks that would pose to her.
“Is it worth risking your life and possibly leaving your daughter an orphan only to delay the inevitable?” Roberts said her doctor asked at the time.
Though the decision was painful, “I have absolutely no doubt in my mind it was the right decision for me and my unborn child,” Roberts said.
“It’s unthinkable that despite a trained physician recommending to the contrary, [someone] might be forced to stay pregnant at great risk,” Roberts added. “That is not pro-life.”
Other representatives pointed out that women would continue to seek out abortions even if they are illegal, potentially putting lives at risks.
“Let me be clear: outlawing abortions does not stop abortions but just limits the access to safe abortions,” said Rep. Kim Schofield, D-Atlanta.
If Roe v. Wade is overturned and abortion is banned in Georgia, “Women will die,” Rep. Stacey Evans, D-Atlanta, emphasized.
Rep. Park Cannon, D-Atlanta, pointed out that 79 counties in Georgia lack a single ob/gyn doctor who could provide labor and delivery services to women and that many hospitals in the state have closed.
Other legislators pointed to the potential economic fallout of an abortion ban in Georgia.
Rep. Betsy Holland, D-Atlanta, said an abortion ban would be an “economic disaster for the state.”
She pointed out that after HB 481 passed in 2019, some businesses decided to withdraw from the state. Parents of female college students told her they wanted their daughters to study out-of-state, where their rights would be protected.
“If you’re an ob/gyn, are you going to come to a state where you have to choose between upholding the Hippocratic oath or keeping yourself out of jail?,” asked Holland.
Rep. Dar’shun Kendrick, D-Atlanta, argued that the legislature should focus on jobs and health care rather than regulating women’s rights that are “none of their business.”
“We have to be prepared for the worst,” Kendrick said.
The U.S. Supreme Court will hear arguments Dec. 1 on one of the most significant abortion cases in years, and the aftereffects of its ruling will be felt here in Georgia.
The case of Dobbs v. Jackson Women’s Health Organization has drawn more than 1,000 friend-of-the-court briefs so far — including one from Georgia — on both sides of the issue.
The case revolves around Mississippi’s abortion law, which bans the procedure after 15 weeks. That is nine weeks fewer than the 24-week precedent established by Roe v. Wade in 1973.
Georgia’s brief was organized by the State Innovation Exchange’s Reproductive Freedom Leadership Council, which describes itself as a “network of state legislators working to advance reproductive health, rights and justice.”
The brief argues the Supreme Court’s failure to uphold the rule of law and precedent would result in disastrous consequences for women seeking abortions, as well as for their families.
“State legislators are the first line of defense against policies that deliberately roll back progress on abortion rights and reproductive health across the country, and the overwhelming majority of the public agrees we must protect Roe v. Wade,” said the organization’s Jennifer Driver. “With this amicus brief, nearly 900 legislators are sending the Supreme Court a clear message: We cannot go back. You must uphold 50 years of legal abortion in all 50 states.”
Georgia’s abortion law is currently tied up in the U.S. 11th Circuit Court of Appeals, which is waiting on the Supreme Court decision before issuing a ruling. Known as the Living Infants Fairness Equality Act, it seeks to prevent abortions after a fetal heartbeat has been detected, typically six weeks into pregnancy, except in special situations.
Lawsuits brought by the American Civil Liberties Union, Planned Parenthood and the Center for Reproductive Rights led the U.S. District Court for the Northern District of Georgia in December 2019 to rule the law unconstitutional. The legislation, which the General Assembly passed earlier that year, had been scheduled to take effect on Jan. 1, 2020.
If the 11th Circuit decides to strike down Georgia’s abortion law in the case — SisterSong v. Kemp — Georgia could appeal to the U.S. Supreme Court, which may then look at the law’s constitutionality and reexamine the precedent of the landmark 1973 Roe v. Wade decision legalizing abortion on demand.
“A Georgia judge struck down Republicans’ HB (House Bill) 481 last year because the court saw it for what it was — an unconstitutional infringement on the right to choose — and we hope the 11th Circuit Court agrees,” said Rebecca Galanti, spokesperson for the Democratic Party of Georgia. “Democrats will continue to fight at every turn to safeguard reproductive freedom and stop Republicans’ dangerous anti-choice agenda in Georgia.”
State Senate President Pro Tempore Butch Miller, R-Gainesville, disagrees.
“I’ve never subscribed to the idea that it’s unconstitutional to save human lives,” said Miller, who is running for lieutenant governor in 2022 and who also helped author the bill. “With today’s technology, it’s no longer possible to deny the clear humanity of unborn children, even at early stages of pregnancy. Upholding Georgia’s law would send a clear message that we as a society will protect our most vulnerable and defenseless.”
State lawmakers adjourned Nov. 22 after spending several weeks in special session, redrawing legislative and congressional district boundaries in accordance with new U.S. Census data. There was speculation that lawmakers would draft a new abortion law while in special session, but the issue never came up on either chamber’s floor.
But the issue is almost certain to arise when legislators reconvene for their regular session in January, depending on the Supreme Court’s rulings on abortion bans in both Mississippi and Texas.
A court ruling is expected soon on Texas’ abortion law, which bans the procedure after roughly six weeks, a law that has been in effect since Sept. 1. The law bans abortion once cardiac activity is detected in the fetus, and makes no exceptions for rape or incest.
Opponents of Georgia’s abortion law are fearful of a Texas-style law in Georgia, if the Supreme Court rules the law is constitutional.
“Texas is showing us what a world without Roe v. Wade looks like — one where wealthier people can travel to get reproductive care while poorer people are stripped of their rights,” said Georgia Rep. Kim Schofield, D-Atlanta. “We can’t let that happen.”
“What happens in Texas won’t stay in Texas,” said state Rep. Beth Moore, D-Peachtree Corners. “Not every pregnancy is an immaculate conception or a Hollywood-produced drama. There is a limit to what government can impose, and the Republican Party wants to replace God with government.”
While the Georgia and Texas laws are alike in banning abortions once cardiac activity is detected, Texas is different in that leaves enforcement of the law to private citizens through civil lawsuits instead of criminal prosecution.
Miller has told Capitol Beat “everything is on the table” regarding the abortion issue in Georgia.
This story is available through a news partnership with Capitol Beat News Service, a project of the Georgia Press Educational Foundation.
ATLANTA — A passionate Fani Willis told a Georgia House committee on Monday that her Fulton County District Attorney’s office desperately needs stronger laws and more resources to fight crime in her county.
“It’s frightening how many crimes and criminals we are leaving on the street,” said Willis, who ousted incumbent Fulton County DA Paul Howard in 2020. “We cannot do this job in the Dark Ages anymore. We have to come into 2021.”
Willis was testifying before the House Public Safety and Homeland Security Committee, which has been holding hearings for months on Atlanta’s crime rate. State Rep. J Collins, R-Villa Rica, the committee’s chairman, said the panel has been charged with coming up with solutions to the problems.
Willis, who spent 16 years as a Fulton County prosecutor before defeating the six-term Howard, said Atlanta had the fastest-rising crime rate of any major U.S. city during the pandemic.
“As of now, there are 636 defendants indicted for murder in my office,” Willis said. “A total of 208 have been indicted since March, and 184 are waiting to be indicted before the end of the year or they will be released on bond.”
Willis said murders in Fulton County have increased by 48% since 2020 and put special emphasis on combating gang crimes
“There are 71,000 gang members in Georgia,” she said, “and 50,000 of those are in metro Atlanta. “I have to ask for more gang task forces in Georgia.”
Willis also pointed to backlogs in DNA testing, trace evidence collections, and firearms and toxicology reports.
“In Fulton County, there are 15,000 unworked case reports over the last 30 days,” she said. “Because of the backlog in processing unworked sexual assault kits over the last days, there have been 1,575 preventable crimes.”
“What kinds of criminal scientists do we need in Georgia today?” asked committee Vice Chairman Danny Mathis, R-Cochran.
“We need every area,” Willis said. “We need forensic biologists, DNA experts. We need a wide variety of scientists. We’re losing good scientists — great scientists — because of pay and other issues.”
This story is available through a news partnership with Capitol Beat News Service, a project of the Georgia Press Educational Foundation.
