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North Dakota House Bill HB1247

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1247 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1247
4-(Representatives D. Johnston, Bolinske, Frelich, Heilman, K. Anderson, Steiner, Wolff, VanWinkle)
5-(Senators Myrdal, Wobbema, Paulson, Cory)
6-AN ACT to create and enact a new section to chapter 15.1-19 of the North Dakota Century Code,
7-relating to protection of a student victim of a sexual offense.
1+25.0807.03000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Representatives D. Johnston, Bolinske, Frelich, Heilman, K. Anderson, Steiner, Wolff,
7+VanWinkle
8+Senators Myrdal, Wobbema, Paulson, Cory
9+A BILL for an Act to create and enact a new section to chapter 15.1-19 of the North Dakota
10+Century Code, relating to protection of a student victim of a sexual offense.
811 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. A new section to chapter 15.1-19 of the North Dakota Century Code is created and
10-enacted as follows:
12+SECTION 1. A new section to chapter 15.1-19 of the North Dakota Century Code is created
13+and enacted as follows:
1114 Student sexual offense - Victim protection.
1215 1.As used in this section:
13-a."Responsible student" means a student enrolled in a school who is an adjudicated
14-juvenile or an adult convicted of committing a sexual offense upon another student
15-enrolled in the same school.
16-b."Sexual offense" means an offense under chapter 12.1 - 20 for which "sexual act" or
17-"sexual contact", as defined in section 12.1 - 20 - 02, is an element and the offenses under
18-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.
19-2.A responsible student enrolled in the same school as the victim shall adhere to a safety plan
20-developed by the school which may include:
16+a." Responsible student" means a student enrolled in a school who is an
17+adjudicated juvenile or an adult convicted of committing a sexual offense upon
18+another student enrolled in the same school.
19+b."Sexual offense" means an offense under chapter 12.1 - 20 for which "sexual act"
20+or "sexual contact", as defined in section 12.1 - 20 - 02, is an element and the
21+offenses under sections 12.1 - 20 - 05, 12.1 - 20 - 05.1, 12.1 - 20 - 12.1, 12.1 - 20 - 12.2,
22+and 12.1 - 20 - 12.3.
23+2.A responsible student enrolled in the same school as the victim shall adhere to a
24+safety plan developed by the school which may include:
2125 a.Consideration of the victim's input.
2226 b.No contact between the responsible student and the victim .
23-c.Holding an expulsion hearing for the responsible student which grants procedural due
24-process to the responsible student as provided by law and within the time period
25-prescribed under section 15.1 - 19 - 09. For a misdemeanor offense, before holding an
26-expulsion hearing, school administration shall review the offense to determine whether
27-an expulsion hearing is warranted.
28-d.Transferring a responsible student to an alternative education program, which may
29-include virtual education if the responsible student is properly supervised.
30-e.Transferring a responsible student to another school or building within the school district.
31-f.Separating the responsible student from the victim at all times in school buildings and
32-educational activities, if transferring the responsible student is not possible.
33-g.Scheduled reviews of the safety plan to assess necessary adjustments and ensure
34-continued safety of the victim.
35-h.Other measures school administration deems appropriate to ensure the safety of the
36-victim.
37-3.The school shall determine the duration of a separation resulting from the safety plan based
38-on:
39-a.The victim's input and well-being; H. B. NO. 1247 - PAGE 2
27+c.Holding an expulsion hearing for the responsible student which grants procedural
28+due process to the responsible student as provided by law and within the time
29+period prescribed under section 15.1 - 19 - 09 . For a misdemeanor offense, before
30+Page No. 1 25.0807.03000
31+ENGROSSED HOUSE BILL NO. 1247
32+FIRST ENGROSSMENT
33+with Senate Amendments
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56+holding an expulsion hearing, school administration shall review the offense to
57+determine whether an expulsion hearing is warranted.
58+d.Transferring a responsible student to an alternative education program, which
59+may include virtual education if the responsible student is properly supervised.
60+e.Transferring a responsible student to another school or building within the school
61+district .
62+f.Separating the responsible student from the victim at all times in school buildings
63+and educational activities, if transferring the responsible student is not possible.
64+g.Scheduled reviews of the safety plan to assess necessary adjustments and
65+ensure continued safety of the victim.
66+h.Other measures school administration deems appropriate to ensure the safety of
67+the victim.
68+3.The school shall determine the duration of a separation resulting from the safety plan
69+based on:
70+a.The victim's input and well-being;
4071 b.The responsible student's age at the time of adjudication or conviction;
4172 c.The nature and severity of the offense;
4273 d.The responsible student's compliance with recommended intervention programs;
43-e.The input of the victim or responsible student's legal guardian or custodian, child welfare
44-and mental health professionals, and legal representatives; and
74+e.The input of the victim or responsible student's legal guardian or custodian, child
75+welfare and mental health professionals, and legal representatives; and
4576 f.Other factors school administration deems appropriate.
46-4.A victim or the victim's legal guardian or custodian may request a review of the safety plan,
47-including modification or removal of restrictions.
48-5.Upon adjudication or conviction of a responsible student, the juvenile court in a juvenile case
49-or the state's attorney in an adult case shall provide the superintendent or designee of the
50-school district in which the responsible student is enrolled with a copy of the order of
51-disposition or judgment and, upon consent of the victim, the victim's name. A record provided
52-under this section is confidential under section 27 - 20.2 - 21. H. B. NO. 1247 - PAGE 3
53-____________________________ ____________________________
54-Speaker of the House President of the Senate
55-____________________________ ____________________________
56-Chief Clerk of the House Secretary of the Senate
57-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
58-Assembly of North Dakota and is known on the records of that body as House Bill No. 1247.
59-House Vote: Yeas 91 Nays 0 Absent 3
60-Senate Vote:Yeas 47 Nays 0 Absent 0
61-____________________________
62-Chief Clerk of the House
63-Received by the Governor at ________M. on _____________________________________, 2025.
64-Approved at ________M. on __________________________________________________, 2025.
65-____________________________
66-Governor
67-Filed in this office this ___________day of _______________________________________, 2025,
68-at ________ o’clock ________M.
69-____________________________
70-Secretary of State
77+4.A victim or the victim's legal guardian or custodian may request a review of the safety
78+plan, including modification or removal of restrictions.
79+5.Upon adjudication or conviction of a responsible student, the juvenile court in a
80+juvenile case or the state's attorney in an adult case shall provide the superintendent
81+or designee of the school district in which the responsible student is enrolled with a
82+copy of the order of disposition or judgment and, upon consent of the victim, the
83+victim's name. A record provided under this section is confidential under section
84+27 - 20.2 - 21.
85+Page No. 2 25.0807.03000
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