25.1107.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Heinert, Hauck, Jonas, Meier, Wagner
Senators Larson, Schaible
A BILL for an Act to amend and reenact subsection 7 of section 27-20.3-01 and section
27-20.4-05.1 of the North Dakota Century Code, relating to the definition of custodian and
delinquency referrals to juvenile court.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 7 of section 27-20.3-01 of the North Dakota
Century Code is amended and reenacted as follows:
7."Custodian" means a person, other than a parent or legal guardian, which stands in
loco parentis to the child and, a person to which legal custody of the child has been
given by order of a court, or a public or nonpublic school attended by the child.
SECTION 2. AMENDMENT. Section 27-20.4-05.1 of the North Dakota Century Code is
amended and reenacted as follows:
27-20.4-05.1. Method of making a delinquency referral to juvenile court.
1.A referral alleging a child has committed a delinquent act may be made to the juvenile
court by a law enforcement officer who has reasonable grounds and knowledge of the
facts alleged and believes such facts are true.
2.If a child is taken into custody on the alleged delinquent act, the law enforcement
officer shall send the referral to the juvenile court within twenty-four hours after the
time in which the minor is taken into custody under section 27-20.4-05.
3.A child who commits an infraction or misdemeanor offense on school property may not
be referred to the juvenile court unless school interventions have been unsuccessful
and documentation isof internal or external consultations are included with the referral
indicating which interventions or educational approaches were attempted. A school
shall exhaust all school discipline policies before referring a child to juvenile court.
Page No. 1 25.1107.01000
HOUSE BILL NO. 1328
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23 Sixty-ninth
Legislative Assembly
a.A school is not required to engage in interventions before referring a case for the
following misdemeanor offenses:
(1)Drug-related offenses under title 19;
(2)Offenses against a person under chapter 12.1-17, 12.1-31.2, or 14-07.1;
(3)Sex offenses under chapters 12.1-20, 12.1-27.1, 12.1-27.2, and 12.1-29;
and
(4)Any offense involving a firearm, weapon, or dangerous weapon as defined
in section 62.1-01-01.
b.A law enforcement officer may:
(1)Investigate possible delinquent offenses and conduct occurring at a school,
including conducting probable cause searches;
(2)Consult with school staff about the conduct of a child enrolled in a school;
(3)Refer a child to the juvenile court for a delinquent offense occurring on
school grounds or on school property as allowed by this section;
(4)Transport a child enrolled in a school to a location permitted by law;
(5)Take temporary custody of a child in accordance with section 27-20.4-05 or
protective custody of a child in accordance with section 27-20.3-06; and
(6)Protect the safety of students and the school community.
Page No. 2 25.1107.01000
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