North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1213

Introduced
1/9/23  
Refer
1/9/23  
Report Pass
1/18/23  
Engrossed
1/23/23  
Refer
2/13/23  

Caption

Reimbursement for a finding of self-defense when charged with a crime of violence; and to provide for application.

Impact

If enacted, HB 1213 would amend state laws related to self-defense claims and the financial responsibilities that arise when a person is charged with a violent crime. Specifically, it would allow for a court order to facilitate reimbursement for legal costs incurred during such cases, contingent on a successful self-defense argument. This could potentially make it easier for individuals to assert their rights to self-defense without the fear of crippling legal expenses, thereby fostering a sense of security in exercising self-defense rights.

Summary

House Bill 1213 proposes a framework for reimbursing individuals who are charged with a crime of violence, provided they can demonstrate that their actions were in self-defense. This bill seeks to address the financial burden on defendants who act in self-defense and subsequently face legal costs associated with criminal charges. By establishing a reimbursement mechanism, the bill aims to alleviate some of the legal and financial pressures that individuals may experience during extended legal proceedings after being involved in self-defense incidents.

Sentiment

The sentiment surrounding HB 1213 appears to reflect a mixed response. Supporters of the bill argue that it provides necessary protections for individuals acting in self-defense, promoting a fair justice system that recognizes the complexities of violent encounters. However, there are concerns among opponents who fear that this legislation could lead to an increase in self-defense claims that might be litigated frivolously, further complicating the legal landscape around violent crime.

Contention

Notable points of contention include the criteria for qualifying for reimbursement, as well as concerns over the potential for misuse of the legislation. Critics argue that the provision may inadvertently incentivize violence or encourage individuals to resort to force in ambiguous situations, leading to greater societal implications. The discussions reveal a fundamental debate over balancing the rights of individuals to defend themselves while also preserving the integrity of the legal process in violent crime cases.

Companion Bills

No companion bills found.

Previously Filed As

ND HB99

Adds the crime of resisting a police officer with force or violence to the list of crimes of violence

ND HB805

Provides a justification defense to domestic violence victim-defendants

ND LB1269

Change provisions relating to the duty to retreat when using force in self-defense or defense of another and provide for criminal and civil immunity

ND SB215

Provides justification defense to domestic violence victim-defendants. (8/1/23)

ND SB2310

State reimbursement for the cost of claims; and to provide for application.

ND HB235

Provides relative to justifiable use of force or violence in defense at a place of worship

ND HB53

Amends provisions of law regarding the claim of self defense in the use of force or violence and justifiable homicide

ND HB424

Amends provisions of law regarding the claim of self defense in the use of force or violence and justifiable homicide

ND HB379

Provides with respect to applications of minors applying for driving privileges

ND HB1323

Reimbursement of members of the legislative assembly; and to provide for retroactive application.

Similar Bills

No similar bills found.