Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1044
(Judiciary Committee)
(At the request of the Attorney General)
AN ACT to amend and reenact section 31-13-04 of the North Dakota Century Code, relating to
deoxyribonucleic acid testing, sampling, and procedure; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 31-13-04 of the North Dakota Century Code is amended and
reenacted as follows:
31-13-04. DNA testing - Procedure - Immunity.
1.Samples of blood or other body fluids for DNA testing may be obtained in a medically
approved manner by a physician, registered nurse, licensed practical nurse, phlebotomist, or
medical technologist, and packaged and submitted in kits approved or provided by the
laboratory and in accordance with rules adopted by the laboratory.
2.Samples of saliva for DNA testing may be obtained by a licensed peace officer or a
correctional officer, and packaged and submitted in kits approved or provided by the
laboratory and in accordance with rules adopted by the laboratory. Samples may be collected
and submitted by personnel from an agency outside the state with approval of the laboratory.
3.Civil or criminal liability may not attach to any individual authorized to draw or obtain a sample
of blood or other body fluids from any individual for DNA testing if the sample of blood or other
body fluids was drawn or obtained according to sampling techniques approved by the
laboratory.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure. H. B. NO. 1044 - PAGE 2
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1044 and that
two-thirds of the members-elect of the House of Representatives voted in favor of said law.
Vote: Yeas 90 Nays 0 Absent 4
____________________________ ____________________________
Speaker of the House Chief Clerk of the House
This certifies that two-thirds of the members-elect of the Senate voted in favor of said law.
Vote: Yeas 45 Nays 0 Absent 2
____________________________ ____________________________
President of the Senate Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State