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HB 39

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

2025 Regular Session Introduced by Sandy Bartlett and 24 co-sponsors

Maryland repeals criminal penalties for intentional HIV transmission, aligning with modern science that undetectable viral loads prevent transmission while acknowledging criminalization deterred testing.

Approved by the Governor - Chapter 651
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Bill Summary · HB 39

Legislative bill overview

HB 39 repeals the Carlton R. Smith Act, which previously criminalized the intentional transfer of HIV. The bill removes criminal penalties for knowingly transmitting HIV to another person, though it may preserve civil liability and other disease transmission laws.

Why is this important

This change reflects evolving public health science showing that undetectable viral loads prevent transmission (U=U: undetectable equals untransmittable) and acknowledges that criminalization can deter people from getting tested and treated. However, it raises questions about personal consent and injury liability in cases of intentional non-disclosure during sexual contact.

Potential points of contention

  • Consent and disclosure: Repealing criminal penalties removes legal consequences for intentionally transmitting HIV without a partner's knowledge, which some view as a violation of bodily autonomy and informed consent
  • Public health messaging: Critics argue criminalization deters testing; supporters counter that removal eliminates accountability for reckless behavior and may discourage disclosure
  • Alignment with other states: Maryland joins a growing but minority number of states eliminating HIV-specific criminal statutes, creating potential inconsistency with neighboring jurisdictions and federal law in some contexts

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

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