Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1247
(Representatives D. Johnston, Bolinske, Frelich, Heilman, K. Anderson, Steiner, Wolff, VanWinkle)
(Senators Myrdal, Wobbema, Paulson, Cory)
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 a sexual offense.
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 offense - Victim protection.
1.As used in this section:
a."Responsible student" means a student enrolled in a school who is an adjudicated
juvenile or an adult convicted of committing a sexual offense upon another student
enrolled in the same school.
b."Sexual offense" means an offense under chapter 12.1 - 20 for which "sexual act" or
"sexual contact", as defined in section 12.1 - 20 - 02, is an element and the offenses under
sections 12.1 - 20 - 05, 12.1 - 20 - 05.1, 12.1 - 20 - 12.1, 12.1 - 20 - 12.2, and 12.1 - 20 - 12.3.
2.A responsible student enrolled in the same school as the victim shall adhere to a safety plan
developed by the school which may include:
a.Consideration of the victim's input.
b.No contact between the responsible student and the victim.
c.Holding an expulsion hearing for the responsible student which grants procedural due
process to the responsible student as provided by law and within the time period
prescribed under section 15.1 - 19 - 09. For a misdemeanor offense, before holding an
expulsion hearing, school administration shall review the offense to determine whether
an expulsion hearing is warranted.
d.Transferring a responsible student to an alternative education program, which may
include virtual education if the responsible student is properly supervised.
e.Transferring a responsible student to another school or building within the school district.
f.Separating the responsible student from the victim at all times in school buildings and
educational activities, if transferring the responsible student is not possible.
g.Scheduled reviews of the safety plan to assess necessary adjustments and ensure
continued safety of the victim.
h.Other measures school administration deems appropriate to ensure the safety of the
victim.
3.The school shall determine the duration of a separation resulting from the safety plan based
on:
a.The victim's input and well-being; H. B. NO. 1247 - PAGE 2
b.The responsible student's age at the time of adjudication or conviction;
c.The nature and severity of the offense;
d.The responsible student's compliance with recommended intervention programs;
e.The input of the victim or responsible student's legal guardian or custodian, child welfare
and mental health professionals, and legal representatives; and
f.Other factors school administration deems appropriate.
4.A victim or the victim's legal guardian or custodian may request a review of the safety plan,
including modification or removal of restrictions.
5.Upon adjudication or conviction of a responsible student, the juvenile court in a juvenile case
or the state's attorney in an adult case shall provide the superintendent or designee of the
school district in which the responsible student is enrolled with a copy of the order of
disposition or judgment and, upon consent of the victim, the victim's name. A record provided
under this section is confidential under section 27 - 20.2 - 21. H. B. NO. 1247 - PAGE 3
____________________________ ____________________________
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. 1247.
House Vote: Yeas 91 Nays 0 Absent 3
Senate Vote:Yeas 47 Nays 0 Absent 0
____________________________
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