North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1301 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.0038.~~02000~~
	1	+	25.0038.01000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Representatives Koppelman, D. Johnston, Kasper, Marschall, Rios, M. Ruby
7	7		Senators Cory, Magrum, Myrdal, Wobbema
8	8		A BILL for an Act to amend and reenact subsection 3 of section 12.1-32-07 of the North Dakota
9	9		Century Code, relating to possession of a firearm while on probation; and to provide for
10	10		application.
11	11		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12	12		SECTION 1. AMENDMENT. Subsection 3 of section 12.1-32-07 of the North Dakota
13	13		Century Code is amended and reenacted as follows:
14	14		3.The court shall provide as an explicit condition of every probation that the defendant
15	15		may not possess a firearm, destructive device, or other dangerous weapon while the
16	16		defendant is on probation. Except when the offense is for a misdemeanor offense
17	17		under section 12.1-17-01, 12.1-17-01.1, 12.1-17-01.2, 12.1-17-05, or 12.1-17-07.1, or
18	18		chapter 14-07.1, the court may waive this condition of probation if the defendant has
19	19		pled guilty to, or has been found guilty of, a misdemeanor or infraction offense, the
20	20		misdemeanor or infraction is the defendant's first offense, and the court has made a
21	21		specific finding on the record before imposition of a sentence or a probation that there
22	22		is good cause to waive the condition. The court may not waive this condition of
23	23		probation if the court places the defendant under the supervision and management of
24		-	the department of corrections and rehabilitation. court may not prohibit the defendant
25		-	from possessing a firearm, destructive device, or other dangerous weapon while on
26		-	probation for any other misdemeanor offense unless the court determines the offense
27		-	involved violence or a threat of violence against an individual. The court may not
28		-	prohibit the defendant from possessing a firearm, destructive device, or other
29		-	dangerous weapon while on probation for any infraction. The court shall provide as an
30		-	Page No. 1 25.0038.02000
31		-	ENGROSSED HOUSE BILL NO. 1301
32		-	FIRST ENGROSSMENT
	24	+	the department of corrections and rehabilitation. The court may not prohibit the
	25	+	defendant from possessing a firearm, destructive device, or other dangerous weapon
	26	+	while on probation for any other misdemeanor offense or infraction. The court shall
	27	+	provide as an explicit condition of probation that the defendant may not willfully
	28	+	defraud a urine test administered as a condition of probation. Unless waived on the
	29	+	record by the court, the court shall also provide as a condition of probation that the
	30	+	defendant undergo various agreed-to community constraints and conditions as
	31	+	Page No. 1 25.0038.01000
	32	+	HOUSE BILL NO. 1301
	33	+
33	34		1
34	35		2
35	36		3
36	37		4
37	38		5
38	39		6
39	40		7
40	41		8
41	42		9
42	43		10
43	44		11
44	45		12
45	46		13
46	47		14
47	48		15
48	49		16
49	50		17
50	51		18
51	52		19
52	53		20
53	54		21
54		-	22 Sixty-ninth
	55	+	22
	56	+	23 Sixty-ninth
55	57		Legislative Assembly
56		-	explicit condition of probation that the defendant may not willfully defraud a urine test
57		-	administered as a condition of probation. Unless waived on the record by the court,
58		-	the court shall also provide as a condition of probation that the defendant undergo
59		-	various agreed-to community constraints and conditions as intermediate measures of
60		-	the department of corrections and rehabilitation to avoid revocation, which may
61		-	include:
	58	+	intermediate measures of the department of corrections and rehabilitation to avoid
	59	+	revocation, which may include:
62	60		a.Community service;
63	61		b.Day reporting;
64	62		c.Curfew;
65	63		d.Home confinement;
66	64		e.House arrest;
67	65		f.Electronic monitoring;
68	66		g.Residential halfway house;
69	67		h.Intensive supervision program;
70	68		i.Up to five nonsuccessive periods of incarceration during any twelve-month
71	69		period, each of which may not exceed forty-eight consecutive hours;
72	70		j.Participation in the twenty-four seven sobriety program; or
73	71		k.One period of incarceration during a period of probation not to exceed thirty
74	72		consecutive days in lieu of a petition for revocation of probation.
75	73		SECTION 2. APPLICATION. This Act applies to a sentence to probation or any sentence
76	74		including a period of probation imposed after the effective date of this Act.
77		-	Page No. 2 25.0038.~~02000~~
	75	+	Page No. 2 25.0038.01000
78	76		1
79	77		2
80	78		3
81	79		4
82	80		5
83	81		6
84	82		7
85	83		8
86	84		9
87	85		10
88	86		11
89	87		12
90	88		13
91	89		14
92	90		15
93	91		16
94	92		17
95		-	18
96		-	19
97		-	20
98		-	21