25.0038.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Koppelman, D. Johnston, Kasper, Marschall, Rios, M. Ruby
Senators Cory, Magrum, Myrdal, Wobbema
A BILL for an Act to amend and reenact subsection 3 of section 12.1-32-07 of the North Dakota
Century Code, relating to possession of a firearm while on probation; and to provide for
application.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 3 of section 12.1-32-07 of the North Dakota
Century Code is amended and reenacted as follows:
3.The court shall provide as an explicit condition of every probation that the defendant
may not possess a firearm, destructive device, or other dangerous weapon while the
defendant is on probation. Except when the offense is for a misdemeanor offense
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
chapter 14-07.1, the court may waive this condition of probation if the defendant has
pled guilty to, or has been found guilty of, a misdemeanor or infraction offense, the
misdemeanor or infraction is the defendant's first offense, and the court has made a
specific finding on the record before imposition of a sentence or a probation that there
is good cause to waive the condition. The court may not waive this condition of
probation if the court places the defendant under the supervision and management of
the department of corrections and rehabilitation. court may not prohibit the defendant
from possessing a firearm, destructive device, or other dangerous weapon while on
probation for any other misdemeanor offense unless the court determines the offense
involved violence or a threat of violence against an individual. The court may not
prohibit the defendant from possessing a firearm, destructive device, or other
dangerous weapon while on probation for any infraction. The court shall provide as an
Page No. 1 25.0038.02000
ENGROSSED HOUSE BILL NO. 1301
FIRST ENGROSSMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 Sixty-ninth
Legislative Assembly
explicit condition of probation that the defendant may not willfully defraud a urine test
administered as a condition of probation. Unless waived on the record by the court,
the court shall also provide as a condition of probation that the defendant undergo
various agreed-to community constraints and conditions as intermediate measures of
the department of corrections and rehabilitation to avoid revocation, which may
include:
a.Community service;
b.Day reporting;
c.Curfew;
d.Home confinement;
e.House arrest;
f.Electronic monitoring;
g.Residential halfway house;
h.Intensive supervision program;
i.Up to five nonsuccessive periods of incarceration during any twelve-month
period, each of which may not exceed forty-eight consecutive hours;
j.Participation in the twenty-four seven sobriety program; or
k.One period of incarceration during a period of probation not to exceed thirty
consecutive days in lieu of a petition for revocation of probation.
SECTION 2. APPLICATION. This Act applies to a sentence to probation or any sentence
including a period of probation imposed after the effective date of this Act.
Page No. 2 25.0038.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21