North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1044 Compare Versions

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Old	New		Differences
1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	HOUSE BILL NO. 1044
4		-	(Judiciary Committee)
	1	+	25.8017.01001
	2	+	Title.02000
	3	+	Adopted by the Judiciary Committee
	4	+	Sixty-ninth
	5	+	January 14, 2025
	6	+	Legislative Assembly
	7	+	of North Dakota
	8	+	Introduced by
	9	+	Judiciary Committee
5	10		(At the request of the Attorney General)
6		-	AN ACT to amend and reenact section 31-13-04 of the North Dakota Century Code, relating to
7		-	deoxyribonucleic acid testing, sampling, and procedure; and to declare an emergency.
	11	+	A BILL for an Act to amend and reenact section 31-13-04 of the North Dakota Century Code,
	12	+	relating to deoxyribonucleic acid testing, sampling, and procedure; and to declare an
	13	+	emergency.
8	14		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. AMENDMENT. Section 31-13-04 of the North Dakota Century Code is ~~amended and~~
10		-	reenacted as follows:
	15	+	SECTION 1. AMENDMENT. Section 31-13-04 of the North Dakota Century Code is
	16	+	amended and reenacted as follows:
11	17		31-13-04. DNA testing - Procedure - Immunity.
12	18		1.Samples of blood or other body fluids for DNA testing may be obtained in a medically
13		-	approved manner by a physician, registered nurse, licensed practical nurse, ~~phlebotomist, or~~
14		-	medical technologist, and packaged and submitted in kits approved or ~~provided by the~~
15		-	laboratory and in accordance with rules adopted by the laboratory.
	19	+	approved manner by a physician, registered nurse, licensed practical nurse,
	20	+	phlebotomist, or medical technologist, and packaged and submitted in kits approved or
	21	+	provided by the laboratory and in accordance with rules adopted by the laboratory.
16	22		2.Samples of saliva for DNA testing may be obtained by a licensed peace officer or a
17		-	correctional officer, and packaged and submitted in kits approved or provided by the
18		-	laboratory and in accordance with rules adopted by the laboratory. Samples may be collected
19		-	and submitted by personnel from an agency outside the state with approval of the laboratory.
20		-	3.Civil or criminal liability may not attach to any individual authorized to draw or obtain a sample
21		-	of blood or other body fluids from any individual for DNA testing if the sample of blood or other
22		-	body fluids was drawn or obtained according to sampling techniques approved by the
23		-	laboratory.
24		-	SECTION 2. EMERGENCY. This Act is declared to be an emergency measure. H. B. NO. 1044 - PAGE 2
25		-	____________________________ ____________________________
26		-	Speaker of the House President of the Senate
27		-	____________________________ ____________________________
28		-	Chief Clerk of the House Secretary of the Senate
29		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
30		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1044 and that
31		-	two-thirds of the members-elect of the House of Representatives voted in favor of said law.
32		-	Vote: Yeas 90 Nays 0 Absent 4
33		-	____________________________ ____________________________
34		-	Speaker of the House Chief Clerk of the House
35		-	This certifies that two-thirds of the members-elect of the Senate voted in favor of said law.
36		-	Vote: Yeas 45 Nays 0 Absent 2
37		-	____________________________ ____________________________
38		-	President of the Senate Secretary of the Senate
39		-	Received by the Governor at ________M. on _____________________________________, 2025.
40		-	Approved at ________M. on __________________________________________________, 2025.
41		-	____________________________
42		-	Governor
43		-	Filed in this office this ___________day of _______________________________________, 2025,
44		-	at ________ o’clock ________M.
45		-	____________________________
46		-	Secretary of State
	23	+	certified correctional officer , and packaged and submitted in kits approved or provided
	24	+	by the laboratory and in accordance with rules adopted by the laboratory. Samples
	25	+	may be collected and submitted by personnel from an agency outside the state with
	26	+	approval of the laboratory.
	27	+	3.Civil or criminal liability may not attach to any individual authorized to draw or obtain a
	28	+	sample of blood or other body fluids from any individual for DNA testing if the sample
	29	+	of blood or other body fluids was drawn or obtained according to sampling techniques
	30	+	approved by the laboratory.
	31	+	SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
	32	+	Page No. 1 25.8017.01001
	33	+	HOUSE BILL NO. 1044
	34	+	PROPOSED AMENDMENTS TO
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