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HB0039 repeals Maryland’s criminal prohibition on knowingly transferring or attempting to transfer HIV to another person. The bill removes Section 18-601.1 of the Health-General Article, which had made such conduct a misdemeanor punishable by a fine, imprisonment, or both. In effect, the legislation eliminates this specific HIV exposure/transmission offense from state law.
The bill is titled the Carlton R. Smith Act and is set to take effect October 1, 2025. By repealing the statute outright, it changes the legal treatment of HIV-related conduct in Maryland by removing a standalone criminal penalty tied to HIV status and transmission attempts. The bill does not create a replacement offense or new regulatory framework in the text provided.
The bill directly amends Maryland’s Health-General Article by repealing Section 18-601.1, thereby removing the misdemeanor offense for knowingly transferring or attempting to transfer HIV. This affects individuals living with HIV, criminal law enforcement, and prosecutors by eliminating a specific HIV criminalization provision from the state code. It also signals a shift away from status-based criminal penalties toward the absence of a dedicated HIV transmission statute.
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate in the supplied materials. Based on the enacted text, the bill appears to have been advanced successfully and signed into law, suggesting at least sufficient legislative support for repeal. The available context does not show opposition or support arguments, but the measure’s enactment indicates the proposal was ultimately accepted.
The main point of contention likely concerns whether HIV transmission should remain a distinct criminal offense or be treated under general assault, reckless endangerment, or other public health and criminal statutes. Supporters of repeal generally argue that HIV-specific criminal laws are outdated, stigmatizing, and inconsistent with modern medical understanding, while opponents may argue that removing the statute weakens deterrence and victim protection. Because no discussion transcript is included, the specific positions of legislators or stakeholders are not documented here.