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North Dakota House Bill HB1225

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1225 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1225
4-(Representatives Klemin, Karls, Lefor, Vetter)
5-(Senators Myrdal, Sickler, Larson)
6-AN ACT to amend and reenact sections 12.1-17-03 and 12.1-32-09 of the North Dakota Century Code,
7-relating to reckless endangerment and habitual offenders; and to provide a penalty.
1+25.0996.03000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Representatives Klemin, Karls, Lefor, Vetter
7+Senators Myrdal, Sickler, Larson
8+A BILL for an Act to amend and reenact sections 12.1-17-03 and 12.1-32-09 of the North
9+Dakota Century Code, relating to reckless endangerment and habitual offenders; and to provide
10+a penalty.
811 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. AMENDMENT. Section 12.1-17-03 of the North Dakota Century Code is amended and
10-reenacted as follows:
12+SECTION 1. AMENDMENT. Section 12.1-17-03 of the North Dakota Century Code is
13+amended and reenacted as follows:
1114 12.1-17-03. Reckless endangerment.
12-A personAn individual is guilty of an offense if hethe individual creates a substantial risk of serious
13-bodily injury or death to another. The offense is a class C felonyB felony if the individual uses a firearm.
14-The offense is a class C felony if the circumstances manifest histhe individual's extreme indifference to
15-the value of human life. Otherwise it is a class A misdemeanor. There is risk within the meaning of this
16-section if the potential for harm exists, whether or not a particular person's safety is actually
17-jeopardized.
18-SECTION 2. AMENDMENT. Section 12.1-32-09 of the North Dakota Century Code is amended and
19-reenacted as follows:
15+A personAn individual is guilty of an offense if hethe individual creates a substantial risk of
16+serious bodily injury or death to another. The offense is a class C felonyB felony if the individual
17+uses a firearm . The offense is a class C felony if the circumstances manifest histhe individual's
18+extreme indifference to the value of human life. Otherwise it is a class A misdemeanor. There is
19+risk within the meaning of this section if the potential for harm exists, whether or not a particular
20+person's safety is actually jeopardized.
21+SECTION 2. AMENDMENT. Section 12.1-32-09 of the North Dakota Century Code is
22+amended and reenacted as follows:
2023 12.1-32-09. Dangerous special offenders - Habitual offenders - Extended sentences -
2124 Procedure.
22-1.A court may sentence a convicted offender to an extended sentence as a dangerous special
23-offender or a habitual offender in accordance with this section upon a finding of any one or
24-more of the following:
25-a.The convicted offender is a dangerous, mentally abnormal person whose conduct has
26-been characterized by persistent aggressive behavior and the behavior makes the
27-offender a serious danger to other persons.
25+1.A court may sentence a convicted offender to an extended sentence as a dangerous
26+special offender or a habitual offender in accordance with this section upon a finding of
27+any one or more of the following:
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29+ENGROSSED HOUSE BILL NO. 1225
30+FIRST ENGROSSMENT
31+with Senate Amendments
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53+a.The convicted offender is a dangerous, mentally abnormal person whose conduct
54+has been characterized by persistent aggressive behavior and the behavior
55+makes the offender a serious danger to other persons.
2856 b.The convicted offender is a professional criminal who has substantial income or
2957 resources derived from criminal activity.
30-c.The convicted offender is a habitual offender. The court may not make such a finding
31-unless the offender is an adult and has previously been convicted in any state or states
32-or by the United States of two felonies of class C or above committed at different times
33-when the offender was an adult. For the purposes of this subdivision, a felony conviction
34-in another state or under the laws of the United States is considered a felony of class C
35-or above if it is punishable by a maximum term of imprisonment of five years or more.
36-d.The offender was convicted of an offense that seriously endangered the life of another
37-person and the offender had previously been convicted of a similar offense.
38-e.The offender is especially dangerous because the offender used a firearm, dangerous
39-weapon, or destructive device in the commission of the offense or during the flight
40-therefrom.
41-A conviction shown on direct or collateral review or at the hearing to be invalid or for which the
42-offender has been pardoned on the ground of innocence must be disregarded for purposes of H. B. NO. 1225 - PAGE 2
43-subdivision c. In support of findings under subdivision b, it may be shown that the offender has
44-had control of income or property not explained as derived from a source other than criminal
45-activity. For purposes of subdivision b, a substantial source of income means a source of
46-income which for any period of one year or more exceeds the minimum wage, determined on
47-the basis of a forty-hour week and a fifty-week year, without reference to exceptions, under
48-section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, for an employee
49-engaged in commerce or in the production of goods for commerce, and which for the same
50-period exceeds fifty percent of the offender's declared adjusted gross income under chapter
58+c.The convicted offender is a habitual offender. The court may not make such a
59+finding unless the offender is an adult and has previously been convicted in any
60+state or states or by the United States of two felonies of class C or above
61+committed at different times when the offender was an adult. For the purposes of
62+this subdivision, a felony conviction in another state or under the laws of the
63+United States is considered a felony of class C or above if it is punishable by a
64+maximum term of imprisonment of five years or more.
65+d.The offender was convicted of an offense that seriously endangered the life of
66+another person and the offender had previously been convicted of a similar
67+offense.
68+e.The offender is especially dangerous because the offender used a firearm,
69+dangerous weapon, or destructive device in the commission of the offense or
70+during the flight therefrom.
71+A conviction shown on direct or collateral review or at the hearing to be invalid or for
72+which the offender has been pardoned on the ground of innocence must be
73+disregarded for purposes of subdivision c. In support of findings under subdivision b, it
74+may be shown that the offender has had control of income or property not explained
75+as derived from a source other than criminal activity. For purposes of subdivision b, a
76+substantial source of income means a source of income which for any period of one
77+year or more exceeds the minimum wage, determined on the basis of a forty-hour
78+week and a fifty-week year, without reference to exceptions, under section 6(a)(1) of
79+the Fair Labor Standards Act of 1938, as amended, for an employee engaged in
80+commerce or in the production of goods for commerce, and which for the same period
81+exceeds fifty percent of the offender's declared adjusted gross income under chapter
5182 57-38.
5283 2.The extended sentence may be imposed in the following manner:
53-a.If the offense for which the offender is convicted is a class A felony, the court may impose
54-a sentence up to a maximum of life imprisonment.
55-b.If the offense for which the offender is convicted is a class B felony, the court may impose
56-a sentence up to a maximum of imprisonment for twenty years.
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117+a.If the offense for which the offender is convicted is a class A felony, the court may
118+impose a sentence up to a maximum of life imprisonment.
119+b.If the offense for which the offender is convicted is a class B felony, the court may
120+impose a sentence up to a maximum of imprisonment for twenty years.
57121 c.If the offense for which the offender is convicted is a class C felony, the court may
58122 impose a sentence up to a maximum of imprisonment for ten years.
59-3.Whenever an attorney charged with the prosecution of a defendant in a court of this state for
60-an alleged felony committed when the defendant was over the age of eighteen years has
61-reason to believe that the defendant is a dangerous special offender or a habitual offender, the
62-attorney, at a reasonable time before trial or acceptance by the court of a plea of guilty, may
63-sign and file with the court, and may amend, a notice specifying that the defendant is a
64-dangerous special offender or a habitual offender who upon conviction for the felony is subject
65-to the imposition of a sentence under subsection 2, and setting out with particularity the
66-reasons why the attorney believes the defendant to be a dangerous special offender or a
67-habitual offender. In no case may the fact that the prosecuting attorney is seeking sentencing
68-of the defendant as a dangerous special offender or a habitual offender be disclosed to the
69-jury before a verdict. If the court finds that the filing of the notice as a public record may
70-prejudice fair consideration of a pending criminal matter, the court may order the notice sealed
71-and the notice is not subject to subpoena or public inspection during the pendency of the
72-criminal matter, except on order of the court, but is subject to inspection by the defendant
73-alleged to be a dangerous special offender or a habitual offender and the offender's counsel.
74-4.Upon any plea of guilty, or verdict or finding of guilt of the defendant of such felony, a hearing
75-must be held, before sentence is imposed, in accordance with this subsection as follows:
76-a.By a jury, or the court if a jury is waived by the defendant, if the notice alleges that the
77-defendant is a dangerous special offender under subdivision a, b, d, or e of subsection 1.
78-The jury, or the court if a jury is waived, must find that the defendant is a dangerous
79-special offender under one or more of these subdivisions by proof beyond a reasonable
80-doubt. However, in the case of a notice alleging only subdivision e of subsection 1, the
81-trial jury, or the trial court if a jury is waived, may make a special finding of proof of this
82-subdivision without an additional hearing subsequent to a verdict or finding of guilt.
123+3.Whenever an attorney charged with the prosecution of a defendant in a court of this
124+state for an alleged felony committed when the defendant was over the age of
125+eighteen years has reason to believe that the defendant is a dangerous special
126+offender or a habitual offender, the attorney, at a reasonable time before trial or
127+acceptance by the court of a plea of guilty, may sign and file with the court, and may
128+amend, a notice specifying that the defendant is a dangerous special offender or a
129+habitual offender who upon conviction for the felony is subject to the imposition of a
130+sentence under subsection 2, and setting out with particularity the reasons why the
131+attorney believes the defendant to be a dangerous special offender or a habitual
132+offender. In no case may the fact that the prosecuting attorney is seeking sentencing
133+of the defendant as a dangerous special offender or a habitual offender be disclosed
134+to the jury before a verdict. If the court finds that the filing of the notice as a public
135+record may prejudice fair consideration of a pending criminal matter, the court may
136+order the notice sealed and the notice is not subject to subpoena or public inspection
137+during the pendency of the criminal matter, except on order of the court, but is subject
138+to inspection by the defendant alleged to be a dangerous special offender or a habitual
139+offender and the offender's counsel.
140+4.Upon any plea of guilty, or verdict or finding of guilt of the defendant of such felony, a
141+hearing must be held, before sentence is imposed, in accordance with this subsection
142+as follows:
143+a.By a jury, or the court if a jury is waived by the defendant, if the notice alleges
144+that the defendant is a dangerous special offender under subdivision a, b, d, or e
145+of subsection 1. The jury, or the court if a jury is waived, must find that the
146+defendant is a dangerous special offender under one or more of these
147+subdivisions by proof beyond a reasonable doubt. However, in the case of a
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181+notice alleging only subdivision e of subsection 1, the trial jury, or the trial court if
182+a jury is waived, may make a special finding of proof of this subdivision without
183+an additional hearing subsequent to a verdict or finding of guilt.
83184 b.By the court if the notice alleges that the defendant is a habitual offender under
84185 subdivision c of subsection 1. The court must find that the defendant is a habitual
85186 offender by a preponderance of the evidence.
86-5.Except in the most extraordinary cases, the court shall obtain a presentence report and may
87-receive a diagnostic testing report under subsection 5 of section 12.1-32-02 before holding a
88-hearing under this subsection. The court shall fix a time for the hearing and notice thereof
89-must be given to the defendant and the prosecution at least five days prior thereto. The court
90-shall permit the prosecution and counsel for the defendant, or the defendant if the defendant is
91-not represented by counsel, to inspect the presentence report sufficiently before the hearing H. B. NO. 1225 - PAGE 3
92-as to afford a reasonable opportunity for verification. In extraordinary cases, the court may
93-withhold material not relevant to a proper sentence, diagnostic opinion that might seriously
94-disrupt a program of rehabilitation, any source of information obtained on a promise of
95-confidentiality, and material previously disclosed in open court. A court withholding all or part
96-of a presentence report shall inform the parties of its action and place in the record the
97-reasons therefor. The court may require parties inspecting all or part of a presentence report
98-to give notice of any part thereof intended to be controverted. In connection with the hearing,
99-the defendant is entitled to compulsory process and cross-examination of such witnesses as
100-appear at the hearing. A duly authenticated copy of a former judgment or commitment is prima
101-facie evidence of such former judgment or commitment. If the jury or the court finds, after
102-hearing, one or more of the grounds set forth in subsection 1, that the defendant is a
103-dangerous special offender or a habitual offender, the court shall sentence the defendant to
104-imprisonment for an appropriate term within the limits specified in subsection 2. H. B. NO. 1225 - PAGE 4
105-____________________________ ____________________________
106-Speaker of the House President of the Senate
107-____________________________ ____________________________
108-Chief Clerk of the House Secretary of the Senate
109-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
110-Assembly of North Dakota and is known on the records of that body as House Bill No. 1225.
111-House Vote: Yeas 72 Nays 21 Absent 1
112-Senate Vote:Yeas 26 Nays 20 Absent 1
113-____________________________
114-Chief Clerk of the House
115-Received by the Governor at ________M. on _____________________________________, 2025.
116-Approved at ________M. on __________________________________________________, 2025.
117-____________________________
118-Governor
119-Filed in this office this ___________day of _______________________________________, 2025,
120-at ________ o’clock ________M.
121-____________________________
122-Secretary of State
187+5.Except in the most extraordinary cases, the court shall obtain a presentence report
188+and may receive a diagnostic testing report under subsection 5 of section 12.1-32-02
189+before holding a hearing under this subsection. The court shall fix a time for the
190+hearing and notice thereof must be given to the defendant and the prosecution at least
191+five days prior thereto. The court shall permit the prosecution and counsel for the
192+defendant, or the defendant if the defendant is not represented by counsel, to inspect
193+the presentence report sufficiently before the hearing as to afford a reasonable
194+opportunity for verification. In extraordinary cases, the court may withhold material not
195+relevant to a proper sentence, diagnostic opinion that might seriously disrupt a
196+program of rehabilitation, any source of information obtained on a promise of
197+confidentiality, and material previously disclosed in open court. A court withholding all
198+or part of a presentence report shall inform the parties of its action and place in the
199+record the reasons therefor. The court may require parties inspecting all or part of a
200+presentence report to give notice of any part thereof intended to be controverted. In
201+connection with the hearing, the defendant is entitled to compulsory process and
202+cross-examination of such witnesses as appear at the hearing. A duly authenticated
203+copy of a former judgment or commitment is prima facie evidence of such former
204+judgment or commitment. If the jury or the court finds, after hearing, one or more of the
205+grounds set forth in subsection 1, that the defendant is a dangerous special offender
206+or a habitual offender, the court shall sentence the defendant to imprisonment for an
207+appropriate term within the limits specified in subsection 2.
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