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MD SB356

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 an existing Maryland law that currently makes it a criminal offense for an individual with HIV (Human Immunodeficiency Virus) to knowingly transfer or attempt to transfer the virus to another person. Under the current law, such an action is considered a misdemeanor punishable by a fine of up to $2,500, imprisonment for up to 3 years, or both. By removing this entire section from the Health - General article of Maryland law, the bill effectively decriminalizes the intentional transmission of HIV. The proposed legislation would take effect on October 1, 2025, and was approved by the Governor on May 20, 2025. The bill's title, the "Carlton R. Smith Act," suggests it is named after a specific individual, though the context for this naming is not provided in the bill text. The repeal appears to be part of a broader trend of modernizing HIV-related laws that were often created during the early years of the AIDS epidemic when there was significant fear and misunderstanding about the virus.

Committee Categories

Justice

Sponsors (3)

Last Action

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

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