Richmond, Virginia - Virginia could become the first Southern US state to decriminalize HIV transmission.

The Virginia Senate Judiciary Committee approved a bill on January 27 that aims to repeal "the crime of infected sexual battery" under which the transmission and exposure of HIV is legally recognized in the state.

Virginia is one of 37 states in the US with laws punishing people based on their HIV positive status.

As of now, those aware of their HIV status have to disclose that that information to their sexual partner. However, any transmission of the virus, intentional or not, can result in harsh penalties, including prison time.

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Data shows that the laws disproportionately target and harm Black and marginalized communities, specifically "women of color, women who do sex work, and transgender women," said Deirdre Johnson, co-founder of the ECHO VA (Ending Criminalization of HIV and Overincarceration in Virginia) Coalition.

Black Virginians make up less than 20% of the state’s population, but they represent 58% of people living with HIV, according to data from the Virginia Department of Health.

"Virginia’s current HIV laws are rooted in fear and racial biases," Johnson was quoted in the Washington Blade. "Criminalization increases stigma and harms marginalized communities."

At the onset of the HIV epidemic, fear and uncertainty led many states to pass laws that established criminal penalties for failing to disclose infection, for exposing others to the disease, and for transmitting the disease intentionally or unintentionally. The laws often apply regardless of protective measures the HIV-positive person may take.

But according to the CDC, over 30 years of research have shown that many state laws criminalize behaviors that cannot transmit HIV, don't apply the same standards to other treatable diseases, discourage HIV testing and are unequally enforced.

"Living with HIV should not be a crime," Jennifer McClellan, who co-authored the bill, said in a press release. "We know current laws deter testing and create additional barriers for vulnerable populations."