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Committee hears wide support to repeal North Dakota’s HIV‑specific felony (HB1217)
Summary
Health officials, civil‑liberties groups and people living with HIV urged repeal of North Dakota Century Code §12.1‑20‑17, arguing the statute is outdated, unused and stigmatizing. Witnesses said modern treatment makes HIV non‑transmissible when virally suppressed and that existing criminal and public‑health laws can address intentional harm.
Representative Gretchen Dobrovich told the Senate Human Services Committee House Bill 1217 would repeal North Dakota Century Code section 12.1‑20‑17, a felony provision that specifically criminalizes knowingly transferring HIV to another person.
"It is discriminatory that people with one infectious disease are treated differently than people with another infectious disease," Dobrovich said, noting that HIV treatment advances and prevention tools such as PrEP and PEP have changed transmission risk and outcomes since the statute was enacted decades ago.
The committee heard repeated support for repeal from the ACLU of North Dakota, the state Department of Health and Human Services, the North Dakota HIV community and civil‑rights groups. Cody Schuler of the ACLU called the law "outdated science" that penalizes people for a health condition rather than criminal conduct. Health department staff told the committee the law undercuts public‑health goals by increasing stigma and discouraging testing.
Witnesses cited data and comparisons during testimony: Dobrovich summarized federal statistics showing that in recent years new HIV case rates are lower than some other infectious diseases (she cited 2023 figures presented in testimony). Several speakers noted the state has not prosecuted the HIV‑specific statute in more than 30 years and that established criminal and public‑health statutes cover intentional, malicious conduct.
People living with HIV described the personal costs of stigma and urged repeal as a way to encourage testing and treatment. Jason Grunek, who identified himself as a person living with HIV and founder of a new North Dakota HIV nonprofit, said criminalization discourages people from seeking care and that decriminalization is part of modern public‑health best practices.
Department of Health and Human Services witnesses and the Defense State Liaison Office were among those who described repeal as consistent with advances in treatment and national efforts to modernize statutes. No formal votes were taken at the hearing.
Ending: Supporters asked the committee to recommend a do‑pass on HB1217, saying repeal would align state criminal code with current medical evidence and avoid legal stigma that discourages people from testing and treatment.
