Witnesses urge repeal of North Dakota HIV criminalization law in House Human Services hearing

The House Human Services Committee heard extensive testimony in favor of House Bill 1217, which would repeal North Dakota Century Code section 12.1-20-17, the statute that makes willful transfer of body fluid containing HIV a felony.

Representative Gretchen Dobrovich, sponsor of HB 1217, told the committee the statute singles out HIV among infectious diseases and carries penalties up to a 20-year prison term and $20,000 fine. "HIV is the only infectious disease that carries felony charges for knowingly infecting another person," she said in opening testimony (Representative Gretchen Dobrovich, sponsor testimony, 00:00:50).

Nut graf: Supporters — including public-health experts, civil-rights advocates and people living with HIV — said the law is rooted in outdated science and creates stigma that discourages testing, disclosure and treatment, undermining public-health goals. They urged the committee to recommend a due pass.

Cody Schuler of the American Civil Liberties Union testified the statute criminalizes health status rather than criminal conduct and argued the definition of "transfer" in the statute is overly broad. "Laws that criminalize living with HIV fundamentally undermine the constitutional rights and dignity of individuals by penalizing them for a health condition rather than any criminal behavior," Schuler said (Cody Schuler, ACLU, testimony, 00:35:00).

Lindsay VanderBusch, director of the Sexually Transmitted and Blood-borne Diseases Unit at the North Dakota Department of Health and Human Services, told the committee the law is "based on outdated science" and pointed to modern antiretroviral treatment that can render viral loads undetectable and untransmissible. She said repeal would reduce stigma and let public-health resources focus on testing and treatment rather than criminal enforcement (Lindsay VanderBusch, ND DOHHS, testimony, 00:39:21).

Other testimony included people living with HIV and advocates: Jason Grunek, executive director of a North Dakota HIV nonprofit and chair of the North Dakota HIV Advisory Board, and several clinicians and mental-health providers who submitted or delivered supportive testimony. Paul Mull, who said he was diagnosed with HIV in 1985, described how modern treatment and social supports allowed him to live and advocate for reducing stigma.

Committee members asked clarifying questions about the law's mens rea ("willful") element, whether convictions exist under the statute, and what alternative statutes cover intentional harms. Representative Dobrovich said she had not found records of recent convictions under the statute despite multiple appearances of the bill in prior sessions. She said the law's willful-transfer language is rarely, if ever, prosecuted and that similar conduct can often be covered by general criminal statutes when there is malicious intent.

The ACLU and other witnesses said the statute's application can encompass conduct beyond actual transmission and noted the law provides narrow affirmative defenses (disclosure and prophylactic device use) that do not address modern prevention tools such as viral suppression and pre-exposure prophylaxis.

Decision status: The committee closed the hearing on HB 1217 after testimony and questions; there was no committee vote on the bill recorded in this meeting. Advocates said they would continue to submit written testimony and expert evidence for the committee record.

Ending: Supporters urged a "due pass" recommendation to modernize state law to reflect current science and to reduce stigma that they said impedes testing and treatment efforts.