North Dakota lawmakers propose repeal of HIV criminalization law to reduce stigma

The House Human Services Committee of North Dakota convened on February 3, 2025, to discuss House Bill 1217, which seeks to repeal a law criminalizing the willful transmission of HIV. The meeting highlighted the ongoing stigma surrounding HIV and the implications of current laws on public health.

The discussion began with a presentation on the historical context of the law, which was enacted during a time when HIV was viewed as a life-threatening condition without effective treatment. Proponents of the bill, including Representative Dobrevitch, emphasized that advancements in medical treatment now allow individuals with HIV to achieve an undetectable viral load, significantly reducing the risk of transmission. They argued that the existing law perpetuates stigma and discourages individuals from seeking testing and treatment.

Several committee members raised concerns about the implications of repealing the law, particularly regarding the potential for willful transmission of HIV or other infectious diseases. Representative Fralick questioned whether the penalties for willful transmission should be increased, citing the serious nature of such actions. However, supporters of the bill countered that existing laws adequately address intentional harm without singling out HIV for harsher penalties.

Testimonies from public health officials and advocates underscored the need for a shift in policy. Cody Schuler from the ACLU argued that criminalizing HIV status undermines the dignity of individuals and discourages open communication about health. Lindsay Vander Bush from the North Dakota Department of Health and Human Services echoed these sentiments, stating that repealing the law would align North Dakota's legal framework with current scientific understanding and public health practices.

Jason Grunek, an advocate and person living with HIV, shared personal experiences illustrating the detrimental effects of criminalization on individuals' willingness to seek care. He emphasized that the law creates a chilling effect on relationships and public health efforts, ultimately hindering progress in combating the HIV epidemic.

The committee concluded the meeting without a formal vote, but the discussions highlighted a growing recognition of the need to modernize laws surrounding HIV transmission. The next steps will involve further deliberation on the bill, with advocates urging swift action to repeal the outdated statute and promote a more supportive public health environment.