Public Health - Repeal of Prohibition on Transfer of Human Immunodeficiency Virus (Carlton R. Smith Act)
SB 356 repeals Maryland's criminal law (Section 18-601.1 of the Annotated Code) that previously prohibited individuals with HIV from knowingly transferring the virus to others, making such acts a misdemeanor punishable by up to 3 years in prison or a $2,500 fine. The bill directly affects people living with HIV who could have faced criminal charges under this provision. It removes the criminal penalty for knowingly transmitting HIV, shifting focus from criminalization to public health approaches. The repeal takes effect October 1, 2025, and does not alter other HIV-related public health or medical regulations.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2025
Senate Passage
Apr 2025
House of Delegates Passage
Apr 2025
Signed into Law
May 2025
Introduced Jan 16, 2025
Signed May 20, 2025
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What changed between versions
First - Public Health - Repeal of Prohibition on Transfer of Human Immunodeficiency Virus (Carltown R. Smith Act)
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Third - Public Health - Repeal of Prohibition on Transfer of Human Immunodeficiency Virus (Carlton R. Smith Act)
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4 edits
MODERATE
The bill progressed from first reading to third reading with amendments, adding co-sponsors and committee approval. The substantive policy content regarding HIV transfer prohibitions and penalties appears unchanged, with only formatting and procedural updates.
TECHNICAL
Added co-sponsors Senators Waldstreicher and Love to the bill sponsorship list.
Added committee report showing favorable approval with amendments and Senate adoption status.
Changed bill title line from 'A BILL ENTITLED' to 'CHAPTER ______' indicating legislative formatting update.
Added signature lines for Governor, President of Senate, and Speaker of House of Delegates indicating bill approval process.
Floor votes · Senate Feb 7, 2025 · House of Delegates Mar 18, 2025
How they voted
32–11
Passed · 3 other
Total votes 46
Feb 7, 2025
D
Democratic33
90% Yea
R
Republican13
84% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
14
Key actions
10
Committee
6
May 20, 2025
Signed into law
Approved by the Governor - Chapter 652
executive
Apr 3, 2025
Upper · Passed
Returned Passed
upper
Apr 2, 2025
Lower · Passed
Third Reading Passed
lower
Apr 2, 2025
Lower · Passed
Favorable Adopted Second Reading Passed
lower
Apr 1, 2025
Lower · Passed
Favorable Report by Judiciary
lower
Mar 18, 2025
House Of Delegates · Passed
House of Delegates Vote: pass (98-37-4)
house of delegates
Feb 19, 2025
Committee
Referred Judiciary
lower
Feb 18, 2025
Upper · Passed
Third Reading Passed
upper
Feb 12, 2025
Upper · Passed
Favorable with Amendments {
upper
Feb 10, 2025
Upper · Passed
Favorable with Amendments Report by Judicial Proceedings
upper
Feb 7, 2025
Senate · Passed
Senate Vote: pass (32-11-3)
senate
Jan 16, 2025
Committee
First Reading Judicial Proceedings
upper
3 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jeff Waldstreicher
DDemocratic
P
Sara Love
DDemocratic
P
Will Smith
DDemocratic
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