Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1225
(Representatives Klemin, Karls, Lefor, Vetter)
(Senators Myrdal, Sickler, Larson)
AN ACT to amend and reenact sections 12.1-17-03 and 12.1-32-09 of the North Dakota Century Code,
relating to reckless endangerment and habitual offenders; and to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 12.1-17-03 of the North Dakota Century Code is amended and
reenacted as follows:
12.1-17-03. Reckless endangerment.
A personAn individual is guilty of an offense if hethe individual creates a substantial risk of serious
bodily injury or death to another. The offense is a class C felonyB felony if the individual uses a firearm.
The offense is a class C felony if the circumstances manifest histhe individual's extreme indifference to
the value of human life. Otherwise it is a class A misdemeanor. There is risk within the meaning of this
section if the potential for harm exists, whether or not a particular person's safety is actually
jeopardized.
SECTION 2. AMENDMENT. Section 12.1-32-09 of the North Dakota Century Code is amended and
reenacted as follows:
12.1-32-09. Dangerous special offenders - Habitual offenders - Extended sentences -
Procedure.
1.A court may sentence a convicted offender to an extended sentence as a dangerous special
offender or a habitual offender in accordance with this section upon a finding of any one or
more of the following:
a.The convicted offender is a dangerous, mentally abnormal person whose conduct has
been characterized by persistent aggressive behavior and the behavior makes the
offender a serious danger to other persons.
b.The convicted offender is a professional criminal who has substantial income or
resources derived from criminal activity.
c.The convicted offender is a habitual offender. The court may not make such a finding
unless the offender is an adult and has previously been convicted in any state or states
or by the United States of two felonies of class C or above committed at different times
when the offender was an adult. For the purposes of this subdivision, a felony conviction
in another state or under the laws of the United States is considered a felony of class C
or above if it is punishable by a maximum term of imprisonment of five years or more.
d.The offender was convicted of an offense that seriously endangered the life of another
person and the offender had previously been convicted of a similar offense.
e.The offender is especially dangerous because the offender used a firearm, dangerous
weapon, or destructive device in the commission of the offense or during the flight
therefrom.
A conviction shown on direct or collateral review or at the hearing to be invalid or for which the
offender has been pardoned on the ground of innocence must be disregarded for purposes of H. B. NO. 1225 - PAGE 2
subdivision c. In support of findings under subdivision b, it may be shown that the offender has
had control of income or property not explained as derived from a source other than criminal
activity. For purposes of subdivision b, a substantial source of income means a source of
income which for any period of one year or more exceeds the minimum wage, determined on
the basis of a forty-hour week and a fifty-week year, without reference to exceptions, under
section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, for an employee
engaged in commerce or in the production of goods for commerce, and which for the same
period exceeds fifty percent of the offender's declared adjusted gross income under chapter
57-38.
2.The extended sentence may be imposed in the following manner:
a.If the offense for which the offender is convicted is a class A felony, the court may impose
a sentence up to a maximum of life imprisonment.
b.If the offense for which the offender is convicted is a class B felony, the court may impose
a sentence up to a maximum of imprisonment for twenty years.
c.If the offense for which the offender is convicted is a class C felony, the court may
impose a sentence up to a maximum of imprisonment for ten years.
3.Whenever an attorney charged with the prosecution of a defendant in a court of this state for
an alleged felony committed when the defendant was over the age of eighteen years has
reason to believe that the defendant is a dangerous special offender or a habitual offender, the
attorney, at a reasonable time before trial or acceptance by the court of a plea of guilty, may
sign and file with the court, and may amend, a notice specifying that the defendant is a
dangerous special offender or a habitual offender who upon conviction for the felony is subject
to the imposition of a sentence under subsection 2, and setting out with particularity the
reasons why the attorney believes the defendant to be a dangerous special offender or a
habitual offender. In no case may the fact that the prosecuting attorney is seeking sentencing
of the defendant as a dangerous special offender or a habitual offender be disclosed to the
jury before a verdict. If the court finds that the filing of the notice as a public record may
prejudice fair consideration of a pending criminal matter, the court may order the notice sealed
and the notice is not subject to subpoena or public inspection during the pendency of the
criminal matter, except on order of the court, but is subject to inspection by the defendant
alleged to be a dangerous special offender or a habitual offender and the offender's counsel.
4.Upon any plea of guilty, or verdict or finding of guilt of the defendant of such felony, a hearing
must be held, before sentence is imposed, in accordance with this subsection as follows:
a.By a jury, or the court if a jury is waived by the defendant, if the notice alleges that the
defendant is a dangerous special offender under subdivision a, b, d, or e of subsection 1.
The jury, or the court if a jury is waived, must find that the defendant is a dangerous
special offender under one or more of these subdivisions by proof beyond a reasonable
doubt. However, in the case of a notice alleging only subdivision e of subsection 1, the
trial jury, or the trial court if a jury is waived, may make a special finding of proof of this
subdivision without an additional hearing subsequent to a verdict or finding of guilt.
b.By the court if the notice alleges that the defendant is a habitual offender under
subdivision c of subsection 1. The court must find that the defendant is a habitual
offender by a preponderance of the evidence.
5.Except in the most extraordinary cases, the court shall obtain a presentence report and may
receive a diagnostic testing report under subsection 5 of section 12.1-32-02 before holding a
hearing under this subsection. The court shall fix a time for the hearing and notice thereof
must be given to the defendant and the prosecution at least five days prior thereto. The court
shall permit the prosecution and counsel for the defendant, or the defendant if the defendant is
not represented by counsel, to inspect the presentence report sufficiently before the hearing H. B. NO. 1225 - PAGE 3
as to afford a reasonable opportunity for verification. In extraordinary cases, the court may
withhold material not relevant to a proper sentence, diagnostic opinion that might seriously
disrupt a program of rehabilitation, any source of information obtained on a promise of
confidentiality, and material previously disclosed in open court. A court withholding all or part
of a presentence report shall inform the parties of its action and place in the record the
reasons therefor. The court may require parties inspecting all or part of a presentence report
to give notice of any part thereof intended to be controverted. In connection with the hearing,
the defendant is entitled to compulsory process and cross-examination of such witnesses as
appear at the hearing. A duly authenticated copy of a former judgment or commitment is prima
facie evidence of such former judgment or commitment. If the jury or the court finds, after
hearing, one or more of the grounds set forth in subsection 1, that the defendant is a
dangerous special offender or a habitual offender, the court shall sentence the defendant to
imprisonment for an appropriate term within the limits specified in subsection 2. H. B. NO. 1225 - PAGE 4
____________________________ ____________________________
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. 1225.
House Vote: Yeas 72 Nays 21 Absent 1
Senate Vote:Yeas 26 Nays 20 Absent 1
____________________________
Chief Clerk of the House
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