North Dakota 2025 2025-2026 Regular Session

North Dakota House Bill HB1247 Comm Sub / Bill

Filed 01/30/2025

                    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
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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
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