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MD SB356

Public Health - Repeal of Prohibition on Transfer of Human Immunodeficiency Virus (Carlton R. Smith Act)


summary

Introduced
01/16/2025
In Committee
04/01/2025
Crossed Over
02/18/2025
Passed
04/03/2025
Dead
Signed/Enacted/Adopted
05/20/2025

Introduced Session

2025 Regular Session

Bill Summary

Repealing the prohibition on an individual from knowingly transferring or attempting to transfer the human immunodeficiency virus to another individual.

AI Summary

This bill proposes to repeal Section 18-601.1 of the Maryland Health - General Article, which currently criminalizes knowingly transferring or attempting to transfer HIV to another individual. Currently, such an act is considered a misdemeanor punishable by a fine up to $2,500, imprisonment up to 3 years, or both. By removing this section of law, the bill eliminates the criminal penalty for intentionally transmitting HIV to another person. The bill is set to take effect on October 1, 2025, and is named after Carlton R. Smith. The proposed change suggests a shift in how Maryland approaches HIV transmission, potentially reflecting evolving medical understanding of HIV as a manageable chronic condition with modern treatments, and recognizing potential concerns about stigmatization or disproportionate legal consequences associated with the existing law.

Committee Categories

Justice

Sponsors (3)

Last Action

Approved by the Governor - Chapter 652 (on 05/20/2025)

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