AN ACT to repeal section 12.1-20-17 of the North Dakota Century Code, relating to willfully transferring body fluid containing the human immunodeficiency virus.
Summary
House Bill 1217 repeals section 12.1-20-17 of the North Dakota Century Code, which is the criminal statute addressing the willful transfer of body fluid containing the human immunodeficiency virus (HIV). In practical terms, the bill removes this specific HIV-related offense from state law rather than creating a new regulatory scheme or penalty structure.
Because the bill is a straight repeal, it would eliminate a standalone criminal provision that has been used to address intentional exposure or transmission-related conduct involving HIV. The measure does not add replacement language, so its effect is to narrow the set of HIV-specific criminal statutes in North Dakota and leave any related conduct to be addressed, if at all, under other general criminal or public health laws.
Impact
HB 1217 changes North Dakota law by deleting a specific criminal code section tied to HIV and bodily-fluid transfer. This affects prosecutors, defendants, public health advocates, and people living with HIV by removing a statute that singled out HIV-related conduct for separate criminal treatment. The repeal may also reduce the risk of HIV-specific criminal liability and align state law more closely with modern public health approaches that emphasize treatment, prevention, and nondiscrimination rather than disease-specific criminalization.
Sentiment
The bill appears to have been controversial but ultimately successful in both chambers. It passed the House 50-43 and the Senate 34-13, indicating meaningful support but also substantial opposition. The vote pattern suggests that supporters were able to secure a majority, while a significant minority remained concerned about repealing an HIV-specific criminal statute.
Contention
The main point of contention is whether North Dakota should retain a law that specifically criminalizes the willful transfer of body fluid containing HIV. Supporters of repeal likely viewed the statute as outdated, stigmatizing, or inconsistent with current medical understanding and public health policy. Opponents likely saw the law as a necessary tool for deterrence and accountability in cases of intentional exposure. The split votes in both chambers reflect this divide, with lawmakers weighing public health reform against concerns about criminal enforcement and victim protection.
AN ACT to repeal section 12.1-20-17 of the North Dakota Century Code, relating to willfully transferring body fluid containing the human immunodeficiency virus.