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HB1382 repeals Maryland’s existing criminal prohibition that made it a misdemeanor for a person living with HIV to knowingly transfer or attempt to transfer HIV to another individual. Under current law, a violation can result in a fine of up to $2,500, imprisonment for up to three years, or both; the bill removes that section from the Health-General Article entirely. The bill’s stated purpose is to modernize the state’s approach to HIV in light of current science, including the U=U (undetectable = untransmittable) framework, and to reduce stigma associated with HIV criminalization.
In addition to repealing the criminal penalty, the bill directs the Maryland Department of Health to review state statutory and regulatory provisions related to HIV to identify laws or rules that may be outdated or discriminatory. The department must make recommendations for updates that align with current public health best practices and report its findings to the Senate Finance Committee and the House Health and Government Operations Committee by December 1, 2025. That study requirement is contingent on the department being able to complete the work with existing resources, and the department must notify legislative services by July 5, 2025, whether it can do so.
The bill would change Maryland law by eliminating a specific HIV-related criminal offense and by creating a one-time review process for other HIV-related laws and regulations. It affects the Health-General Article and could prompt future legislative or regulatory changes if the Department of Health identifies provisions that are outdated, discriminatory, or inconsistent with current science and public health practice. The effective dates are staggered: the repeal takes effect October 1, 2025, while the study provisions take effect only if the resource contingency is satisfied.
The general sentiment reflected in the bill text is strongly supportive of modernization, public health best practices, and anti-stigma efforts. The preamble emphasizes Maryland’s role as a public health leader, the goal of ending the HIV/AIDS epidemic, and the need to align law with current scientific understanding. No committee testimony or recorded votes were provided, so there is no additional evidence of opposition or support from hearings; however, the bill itself frames HIV criminalization as outdated and disproportionately harmful to the LGBTQ+ community.
The main point of contention is likely the repeal of criminal penalties for HIV transfer or attempted transfer, which some may view as reducing legal accountability, while supporters argue the law is scientifically outdated and discriminatory. A secondary issue is the contingent study requirement, which depends on the Department of Health having sufficient existing resources, potentially limiting the scope of the bill’s follow-up review. Overall, the measure is presented as a public health and civil rights reform rather than a punitive criminal law measure.
HB1382 would repeal Section 18-601.1 of the Health-General Article, removing Maryland’s specific misdemeanor offense for knowingly transferring or attempting to transfer HIV. It would also require the Maryland Department of Health to review HIV-related statutes and regulations for outdated or discriminatory provisions and recommend updates, with a report due to legislative committees if the review can be completed using existing resources. The bill therefore affects both criminal law and public health policy, and could lead to future revisions of HIV-related state laws and regulations.
The bill is framed in strongly supportive terms, with the preamble emphasizing scientific modernization, HIV destigmatization, and alignment with current public health best practices. It reflects a clear policy preference for ending HIV criminalization and reducing harm to the LGBTQ+ community. No committee transcript or vote data were provided, so there is no recorded opposition or debate in the supplied materials, but the bill text itself suggests a reform-oriented consensus among its sponsors and supporters.
The primary controversy is the repeal of the criminal prohibition on knowingly transferring or attempting to transfer HIV, which opponents could argue weakens deterrence or public safety protections, while supporters view it as outdated, stigmatizing, and inconsistent with current science. Another possible point of concern is the contingent study mandate, since the Department of Health only has to conduct the review if it can do so with existing resources, which may limit implementation or delay broader reform recommendations. The bill also implicates broader debates over HIV criminalization, public health policy, and LGBTQ+ equity.