North Dakota 2023-2024 Regular Session

North Dakota Senate Bill SB2106

Introduced
1/3/23  
Refer
1/3/23  
Report Pass
1/20/23  
Engrossed
1/25/23  
Refer
2/15/23  
Report Pass
3/3/23  
Enrolled
3/7/23  

Caption

AN ACT to repeal sections 29-16-01, 29-21-16, and 29-22-33 of the North Dakota Century Code relating to issues of fact, plea of once in jeopardy, and special verdicts.

Impact

If enacted, SB2106 would simplify legal proceedings related to criminal cases by eliminating certain statutory references that complicate the legal framework. The sections being repealed, which pertain to procedural rules about jeopardy and verdicts, are intended to ensure that the law governs fairly and simplifies the evaluation of cases. This could lead to a more straightforward judicial process, lessening the burden on both defendants and the court system. However, the implications of these changes also raise questions about the protection of defendants' rights within the criminal justice system.

Summary

SB2106 is a legislative proposal aimed at repealing specific sections of the North Dakota Century Code, notably those addressing issues of fact, the plea of once in jeopardy, and special verdicts in legal proceedings. The repeal of these sections represents a significant change in the procedural landscape for criminal cases, impacting how courts handle plea situations and verdict considerations. The bill appears to be part of broader efforts to streamline legal processes and possibly reduce complications in criminal law adjudication.

Sentiment

The sentiment surrounding SB2106 is primarily supportive among legal reform advocates who believe that simplifying legal procedures is necessary to create a more efficient judicial system. However, there may be concerns from those wary that such changes could inadvertently undermine protections that are important for defendants, particularly regarding the handling of jeopardy and special verdicts. The debate reflects a nuanced view of the balance needed between efficiency in the legal system and the preservation of due process rights.

Contention

Notable points of contention related to SB2106 include discussions about the potential risks of repealing these sections, particularly concerning the plea of once in jeopardy, which safeguards against multiple prosecutions for the same offense. Critics argue that care must be taken to ensure that the repeal does not erode essential legal protections. Moreover, the implications of changing rules surrounding special verdicts, which can significantly affect the outcomes of trials, have raised questions among legal practitioners about the potential for precedent shifts and impacts on future case law.

Companion Bills

No companion bills found.

Previously Filed As

ND HB1299

Documentary proof of citizenship in elections; and to amend and reenact section 16.1-01-04.1 of the North Dakota Century Code, regarding proof of citizenship.

ND HB1315

A BILL for an Act to create and enact a new section to chapter 37-01 of the North Dakota Century Code; relating to the deployment of the North Dakota national guard; and to declare an emergency.

ND SB2203

The consolidation of the board of hearing aid specialists and the board of examiners on audiology and speech-language pathology; and to repeal sections 43-33-15 and 43-33-17 related to the board of hearing aid specialists.

ND HB1432

The repeal of provisions of the North Dakota Century Code.

ND HB1030

AN ACT to amend and reenact subdivision i of subsection 1 of section 12.1-32-02, sections 15.1-19-13 and 19-03.1-23, subsection 6 of section 19-03.4-03, subsection 17 of section 27-20.2-01, subsection 26 of section 27-20.4-01, subdivision c of subsection 4 of section 27-20.4-17, subsection 4 of section 27-20.4-26, subsection 5 of section 29-26-22, section 39-06-36.1, subsection 9 of section 39-06.1-11, subdivision f of subsection 5 of section 39-08-01, and sections 39-08-01.5 and 54-12-27.1 of the North Dakota Century Code relating to changing drug court to treatment court.

ND SB2168

A BILL for an Act to amend and reenact section 20.1-01-21 of the North Dakota Century Code; relating to hunting near buildings, occupied structures, or storage structures.

ND HB1527

A BILL for an Act to create and enact chapter 34-16 of the North Dakota Century Code, related to illegal aliens and private employment; and to provide a penalty.

ND SB2199

Gender usage in the North Dakota Century Code; and to provide a penalty.

ND HB1181

Gender usage in the North Dakota Century Code.

ND HB1230

The administration of a federally sponsored animal identification program by the state veterinarian; and to repeal sections 4.1-72-05 and 4.1-72-06 of the North Dakota Century Code, relating the administration of a federally sponsored animal identification program and records relating to the program.

Similar Bills

No similar bills found.