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.
House Bill 1217 repeals Section 12.1-20-17 of the North Dakota Century Code, the statute that specifically criminalizes the willful transfer of body fluid containing the human immunodeficiency virus (HIV). In practical terms, the bill removes a standalone criminal offense tied to HIV exposure or transmission through body fluids. The measure does not create a new regulatory scheme; it simply eliminates this existing provision from the criminal code.
Because the bill is a repeal, its main effect is to change how North Dakota law addresses conduct involving HIV. After enactment, prosecutions would no longer be able to rely on this specific section, though other criminal statutes could still apply depending on the facts of a case. The bill therefore affects individuals living with HIV, criminal justice authorities, and public health policy by removing a law that singled out HIV-related conduct.
HB1217 directly repeals a criminal statute in Title 12.1 of the North Dakota Century Code, removing section 12.1-20-17 from the books. That means the state would no longer have a specific offense for willfully transferring body fluid containing HIV, and any legal consequences for similar conduct would have to come from other generally applicable criminal laws, if at all. The bill primarily affects criminal law enforcement, prosecutors, defense counsel, and people living with HIV, while also signaling a shift away from HIV-specific criminalization.
The available record shows the bill passed both chambers, with a narrower House vote than Senate vote, suggesting some disagreement but enough support for enactment. The sponsoring legislators and the final passage indicate overall legislative approval of repealing the HIV-specific criminal provision. No committee testimony or debate transcript is provided, so the broader discussion appears to have been limited in the available materials.
The likely point of contention is whether North Dakota should retain a criminal statute that specifically targets HIV-related body fluid transfer or repeal it as outdated, stigmatizing, or unnecessary. Supporters of repeal would generally view the law as discriminatory or inconsistent with modern public health understanding, while opponents may argue it serves a deterrent or public safety purpose. The vote margins, especially in the House, suggest that lawmakers were divided on whether HIV should remain singled out in the criminal code.