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HB 2001

Criminal Offenses - As introduced, adds as an affirmative defense to the offense of criminal exposure of another to human immunodeficiency virus (HIV), proof by a preponderance of the evidence that a person infected with HIV was in compliance with a treatment regime prescribed by the person's healthcare provider to medically suppress the risk of HIV transmission. - Amends TCA Title 39, Chapter 13.

114th Regular Session (2025-2026) Introduced by Jason Powell

Tennessee bill adds medical defense to HIV exposure charges for people maintaining undetectable viral loads through prescribed treatment.

Action Def. in s/c Criminal Justice Subcommittee to 3/25/2026
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Bill Summary · HB 2001

Legislative bill overview

HB 2001 creates an affirmative defense to Tennessee's criminal HIV exposure law by allowing individuals to argue they should not be prosecuted if they were following medical treatment that suppressed their HIV to undetectable levels. The defense requires proving compliance with a healthcare provider's prescribed treatment regimen by a preponderance of the evidence standard.

Why is this important

This bill addresses the intersection of criminal law and modern HIV medicine. Current science shows that people with undetectable viral loads cannot transmit HIV sexually (the "Undetectable = Untransmittable" or U=U principle), yet many states maintain broad criminalization statutes that don't account for this medical reality. The bill could reduce prosecutions based on outdated assumptions about HIV transmission risk.

Potential points of contention

  • Public health vs. criminal justice philosophy: Supporters argue the law should reflect medical science; opponents may contend criminal exposure laws serve a deterrent purpose regardless of actual transmission risk
  • Burden of proof and evidentiary challenges: Defendants would need to prove medical compliance after the fact, raising questions about access to medical records and whether this shifts responsibility appropriately
  • Scope limitations: The defense only applies to treatment compliance—it doesn't address cases where individuals didn't know their status, couldn't access treatment, or faced other barriers to care

Compiled from official sources — confirm details with the bill’s official record.

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