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SB 356

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

2025 Regular Session Introduced by Sara Love and 2 co-sponsors

Maryland eliminates criminal penalties for HIV transmission, replacing criminalization with treatment-focused public health approach and civil liability options.

Approved by the Governor - Chapter 652
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Bill Summary · SB 356

Legislative bill overview

SB 356 repeals Maryland's "Carlton R. Smith Act," which criminalized the knowing transfer of HIV to another person. The bill eliminates criminal penalties for HIV transmission while maintaining other public health regulations and individual liability frameworks. This aligns Maryland law with modern HIV treatment science and legal trends in several other states.

Why is this important

The repeal reflects updated medical evidence showing that undetectable viral loads prevent HIV transmission ("undetectable equals untransmittable"). Criminal HIV transmission laws have been criticized for perpetuating stigma, discouraging testing and treatment, and disproportionately affecting marginalized communities. The change allows Maryland to focus public health efforts on prevention, treatment access, and care rather than criminalization.

Potential points of contention

  • Consent and disclosure concerns: Opponents argue the law removes criminal consequences for exposing partners to HIV without their knowledge or consent, potentially reducing accountability for deceptive behavior
  • Public health philosophy shift: Represents a fundamental move from criminalization-based deterrence to treatment-based prevention, which some view as inadequate protection
  • Victim advocacy perspectives: Some HIV-positive individuals' rights groups have opposed similar repeals, arguing removal of criminal penalties diminishes recognition of harm and partner autonomy

Compiled from official sources — confirm details with the bill’s official record.

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