North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1231 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	25.0275.04000
	1	+	25.0275.02001
	2	+	Title.03000
	3	+	Adopted by the Judiciary Committee
2	4		Sixty-ninth
	5	+	January 20, 2025
3	6		Legislative Assembly
4	7		of North Dakota
5	8		Introduced by
6	9		Representatives Dockter, O'Brien, M. Ruby, Weisz
7		-	A BILL for an Act to provide for a legislative management study relating to early discontinuation
8		-	of registration for low-risk sex offenders.
	10	+	A BILL for an Act to create and enact section 12.1-32-15.1 of the North Dakota Century Code,
	11	+	relating to a petition for relief from requiring a sexual offender to register; and to provide for
	12	+	application.
9	13		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10		-	SECTION 1. LEGISLATIVE MANAGEMENT STUDY - EARLY DISCONTINUATION OF
11		-	REGISTRATION FOR LOW -RISK SEX OFFENDERS.
12		-	1.During the 2025-26 interim, the legislative management shall study the impacts to the
13		-	public, victims, the sex offender risk assessment committee, law enforcement
14		-	agencies, sex offenders, and other relevant parties, of allowing some low-risk sex
15		-	offenders to petition the court for an order for early discontinuation relieving the
16		-	offender of the duty to register. The study must include a thorough analysis of
17		-	establishing a framework for submitting and reviewing petitions with the inclusion of a
18		-	victim advocate if the early discontinuation of registration requirements is
19		-	recommended by the committee. The study also must include an analysis of:
20		-	a.The effect of early discontinuation of registration on public safety and victim
21		-	safety.
22		-	b.The length of registration which should be required before a low-risk sex offender
23		-	would qualify to petition for early discontinuation of registration.
24		-	c.Registrable criminal offenses that should make a low-risk sex offender eligible or
25		-	ineligible to petition for early discontinuation of registration.
26		-	d.How the age of a victim and the age of the victim compared to the offender would
27		-	impact eligibility to petition for early discontinuation of registration.
28		-	Page No. 1 25.0275.04000
29		-	ENGROSSED HOUSE BILL NO. 1231
30		-	FIRST ENGROSSMENT
31		-	with Senate Amendments
	14	+	SECTION 1. Section 12.1-32-15.1 of the North Dakota Century Code is created and
	15	+	enacted as follows:
	16	+	12.1 - 32 - 15.1. Petition for relief from registration requirement.
	17	+	1.As used in this section, "sexual offender" has the same meaning provided in section
	18	+	12.1 - 32 - 15.
	19	+	2.After seven years of registration, a sexual offender assigned a low - risk level by the
	20	+	attorney general may petition the sentencing court or the district court for the district in
	21	+	which the offender resides for an order relieving the offender of the duty to register.
	22	+	3.The petition must be served on the state's attorney in the county in which the petition
	23	+	is filed. Before a hearing on the petition, the state's attorney shall mail a copy of the
	24	+	petition to the victim of the last offense for which the sexual offender was convicted if
	25	+	the victim's address is reasonably available. The court shall consider any written or
	26	+	oral statements of the victim. The court may grant the petition on finding that:
	27	+	a.The sexual offender has maintained a clean record during the offender's period of
	28	+	registration; and
	29	+	Page No. 1 25.0275.02001
	30	+	HOUSE BILL NO. 1231
	31	+	PROPOSED AMENDMENTS TO
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	52	+	b.Continued registration is not necessary for public protection and that relief from
	53	+	registration is in the best interests of society.
	54	+	4.A finding that the sexual offender has maintained a clean record means during the
	55	+	period the sexual offender was required to register as a sexual offender, the offender:
	56	+	a.Was not convicted of a felony offense;
	57	+	b.Was not convicted of a sexual offense;
	58	+	c.Successfully completed, without revocation, a period of supervised release,
	59	+	probation, or parole; and
	60	+	d.Has successfully completed any court - ordered sexual offender treatment
	61	+	program and any other court-ordered treatment program, if any. This subdivision
	62	+	applies to any sexual offender treatment program completed regardless of
	63	+	whether the program was completed while the sexual offender was incarcerated,
	64	+	released, on parole, or on probation.
	65	+	5. The sexual offender may move that all or part of the hearing on the petition be closed
	66	+	to the public, or the court may close the hearing on the court's own motion.
	67	+	a. If the hearing is closed to the public, the court shall allow a victim of the offense
	68	+	to be present unless the court determines exclusion of the victim is necessary:
	69	+	(1) To protect the offender's right to privacy; or
	70	+	(2) For the safety of the victim.
	71	+	b. If the victim is present, the court shall allow the presence of an individual to
	72	+	provide support to the victim, at the victim's request, unless the court determines
	73	+	exclusion of the individual is necessary to protect the offender's right to privacy.
	74	+	SECTION 2. APPLICATION. This Act applies to a sexual offender who has complied with
	75	+	the registration requirements under section 12.1-32-15 for at least seven years before the
	76	+	effective date of this Act or who reaches seven years of compliance after the effective date of
	77	+	this Act.
	78	+	Page No. 2 25.0275.02001
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53		-	Legislative Assembly
54		-	e.Whether the offender's need for end-of-life care would impact eligibility to petition
55		-	for early discontinuation of registration.
56		-	f.Any other relevant factors.
57		-	2.The legislative management shall report its findings and recommendations, together
58		-	with any legislation required to implement the recommendations, to the Seventieth
59		-	Legislative Assembly.
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