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.

69th Legislative Assembly (2025-26) Introduced by Ryan Braunberger and 7 co-sponsors

The bill repeals the HIV-specific criminal offense, removing NDCC § 12.1-20-17.

Filed with Secretary Of State 03/20

Summary — North Dakota HB 1217 (69th Legislative Assembly, 2025)

Title: 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 (HIV).

Status / Timeline
- Introduced: Filed November 12, 2024 (69th Legislative Assembly session).
- Legislative action (session): Read and considered during the 2025 session; recorded House vote 50–43 and Senate vote 34–13 on final passage (as shown on the enrolled bill).
- Enrolled/transmitted to the Governor and filed with the Secretary of State on March 20, 2025 (notification lists the measure as Act 267).

Purpose and intent
- The bill’s sole legislative action is to repeal NDCC § 12.1‑20‑17 — the statutory provision that made it an offense to willfully transfer body fluid containing the human immunodeficiency virus.
- The repeal eliminates that specific HIV‑specific criminal provision from the North Dakota Century Code.

Key provisions / changes
- Repeal: Section 12.1‑20‑17 is removed in its entirety. The bill contains no other amendments or replacement language.
- No new penalties or regulatory mechanisms are created by this bill; it solely removes the existing statutory offense.

Who and what would be affected
- Individuals living with HIV: Persons who previously could have been prosecuted under § 12.1‑20‑17 for willful transfer of HIV‑containing body fluids would no longer be subject to that specific statute.
- Criminal justice actors: Prosecutors and law enforcement lose an HIV‑specific criminal statute; charging decisions may shift to other available criminal statutes (e.g., assault, reckless endangerment, or other general criminal provisions) where applicable.
- Public health and health‑care systems: Public health agencies and providers may see changes in the statutory landscape that shapes how HIV‑related conduct is addressed between public‑health and criminal‑law responses.
- Victims and civil plaintiffs: Repeal removes a criminal cause of action under that precise statute; civil remedies (e.g., tort claims) are unaffected unless otherwise specified by other law.

Practical and legal context / notes
- The bill repeals only one statutory section; it does not automatically alter other criminal statutes that could be used in cases involving intentional or reckless exposure to infectious agents.
- Repeal of HIV‑specific criminal provisions is part of a broader national trend in some jurisdictions to remove disease‑specific criminalization and to rely on disease‑neutral public‑health and criminal statutes. This summary does not evaluate policy merits — it only describes the textual and procedural effect.
- For current legal effect and the exact historical text of NDCC § 12.1‑20‑17, consult the North Dakota Century Code and official state legislative records.