25.0807.01001 Title.02000 Adopted by the Education Committee Sixty-ninth January 29, 2025 Legislative Assembly of North Dakota Introduced by Representatives D. Johnston, Bolinske, Frelich, Heilman, K. Anderson, Steiner, Wolff, VanWinkle Senators Myrdal, Wobbema, Paulson, Cory A BILL for an Act to create and enact a new section to chapter 15.1-19 of the North Dakota Century Code, relating to protection of a student victim of sexual assault. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. A new section to chapter 15.1-19 of the North Dakota Century Code is created and enacted as follows: Student sexual assault - Victim protection. 1.As used in this section: a."Convicted student" means a student enrolled in a school who is a juvenile adjudicated delinquent or an adult convicted of committing sexual assault upon another student enrolled in the same school. b."Sexual assault" means a nonconsensual offense under chapter 12.1 - 20 for which "sexual act" or "sexual contact", as defined in section 12.1 - 20 - 02, is an element. 2.A convicted student may not attend enrolled in the same school as the victim of sexual assault committed by the convicted student shall adhere to a safety plan developed by the school district providing for: a. No contact with the victim; and b. Proper separation in school buildings and educational activities . 3.A school shall ensure a develop a safety plan for a convicted student is not present at the school by that includes : Page No. 1 25.0807.01001 HOUSE BILL NO. 1247 PROPOSED AMENDMENTS TO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Sixty-ninth Legislative Assembly a.Expelling Holding an expulsion hearing for a convicted student that grants procedural due process to the student as provided by law and within the time period prescribed under section 15.1 - 19 - 09 ; b.Transferring a convicted student to an alternative education program, which may include virtual education; or c.Transferring a convicted student to another school or building within the school district; or d. Separating the convicted student from the victim at all times in school buildings and educational activities when transferring the convicted student is not possible . 4.Upon adjudication or conviction of a convicted student, a court the state's attorney shall provide the school in which the convicted student is enrolled with notice of the court's findings that are relevant under this section. Page No. 2 25.0807.01001 1 2 3 4 5 6 7 8 9 10 11 12