North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1328 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. 1328
4		-	(Representatives Heinert, Hauck, Jonas, Meier, Wagner)
5		-	(Senators Larson, Schaible)
6		-	AN ACT to amend and reenact section 27-20.4-05.1 of the North Dakota Century Code, relating to
	1	+	25.1107.01002
	2	+	Title.02000
	3	+	Adopted by the Judiciary Committee
	4	+	Sixty-ninth
	5	+	February 10, 2025
	6	+	Legislative Assembly
	7	+	of North Dakota
	8	+	Introduced by
	9	+	Representatives Heinert, Hauck, Jonas, Meier, Wagner
	10	+	Senators Larson, Schaible
	11	+	A BILL for an Act to amend and reenact subsection 7 of section 27-20.3-01 and section
	12	+	27-20.4-05.1 of the North Dakota Century Code, relating to the definition of custodian and
7	13		delinquency referrals to juvenile court.
8	14		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. AMENDMENT. Section 27-20.4-05.1 of the North Dakota Century Code is amended
10		-	and reenacted as follows:
	15	+	SECTION 1. AMENDMENT. Subsection 7 of section 27-20.3-01 of the North Dakota
	16	+	Century Code is amended and reenacted as follows:
	17	+	7. "Custodian" means a person, other than a parent or legal guardian, which stands in
	18	+	loco parentis to the child and, a person to which legal custody of the child has been
	19	+	given by order of a court, or a public or nonpublic school attended by the child.
	20	+	SECTION 1. AMENDMENT. Section 27-20.4-05.1 of the North Dakota Century Code is
	21	+	amended and reenacted as follows:
11	22		27-20.4-05.1. Method of making a delinquency referral to juvenile court.
12		-	1.A referral alleging a child has committed a delinquent act may be made to the juvenile court by
13		-	an employee of a public or nonpublic school attended by the child or a law enforcement officer
14		-	who has reasonable grounds and knowledge of the facts alleged and believes such facts are
15		-	true.
16		-	2.If a child is taken into custody on the alleged delinquent act, the law enforcement officer shall
17		-	send the referral to the juvenile court within twenty-four hours after the time in which the minor
18		-	is taken into custody under section 27-20.4-05.
19		-	3.A child who commits an infraction or misdemeanor offense on school property may not be
20		-	referred to the juvenile court unless school interventions have been unsuccessful and
21		-	documentation of internal or external consultations is included with the referral indicating
22		-	which interventions or educational approaches were attempted. A school shall exhaust all
23		-	school discipline policies before referring a child to juvenile court.
	23	+	1.A referral alleging a child has committed a delinquent act may be made to the juvenile
	24	+	court by an employee of a public or nonpublic school attended by the child or a law
	25	+	enforcement officer who has reasonable grounds and knowledge of the facts alleged
	26	+	and believes such facts are true.
	27	+	2.If a child is taken into custody on the alleged delinquent act, the law enforcement
	28	+	officer shall send the referral to the juvenile court within twenty-four hours after the
	29	+	time in which the minor is taken into custody under section 27-20.4-05.
	30	+	Page No. 1 25.1107.01002
	31	+	HOUSE BILL NO. 1328
	32	+	PROPOSED AMENDMENTS TO
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	51	+	19 Sixty-ninth
	52	+	Legislative Assembly
	53	+	3.A child who commits an infraction or misdemeanor offense on school property may not
	54	+	be referred to the juvenile court unless school interventions have been unsuccessful
	55	+	and documentation isof internal or external consultations are included with the referral
	56	+	indicating which interventions or educational approaches were attempted. A school
	57	+	shall exhaust all school discipline policies before referring a child to juvenile court.
24	58		a.A school is not required to engage in interventions before referring a case for the
25	59		following misdemeanor offenses:
26	60		(1)Drug-related offenses under title 19;
27	61		(2)Offenses against a person under chapter 12.1-17, 12.1-31.2, or 14-07.1;
28		-	(3)Sex offenses under chapters 12.1-20, 12.1-27.1, 12.1-27.2, and 12.1-29; and
29		-	(4)Any offense involving a firearm, weapon, or dangerous weapon as defined in
30		-	section 62.1-01-01.
	62	+	(3)Sex offenses under chapters 12.1-20, 12.1-27.1, 12.1-27.2, and 12.1-29;
	63	+	and
	64	+	(4)Any offense involving a firearm, weapon, or dangerous weapon as defined
	65	+	in section 62.1-01-01.
31	66		b.A law enforcement officer may:
32	67		(1)Investigate possible delinquent offenses and conduct occurring at a school,
33	68		including conducting probable cause searches;
34	69		(2)Consult with school staff about the conduct of a child enrolled in a school;
35		-	(3)Refer a child to the juvenile court for a delinquent offense occurring on ~~school~~
36		-	grounds or on school property as allowed by this section;
	70	+	(3)Refer a child to the juvenile court for a delinquent offense occurring on
	71	+	school grounds or on school property as allowed by this section;
37	72		(4)Transport a child enrolled in a school to a location permitted by law;
38	73		(5)Take temporary custody of a child in accordance with section 27-20.4-05 or
39		-	protective custody of a child in accordance with section 27-20.3-06; and H. B. NO. 1328 - PAGE 2
40		-	(6)Protect the safety of students and the school community. H. B. NO. 1328 - PAGE 3
41		-	____________________________ ____________________________
42		-	Speaker of the House President of the Senate
43		-	____________________________ ____________________________
44		-	Chief Clerk of the House Secretary of the Senate
45		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
46		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1328.
47		-	House Vote: Yeas 90 Nays 0 Absent 4
48		-	Senate Vote:Yeas 47 Nays 0 Absent 0
49		-	____________________________
50		-	Chief Clerk of the House
51		-	Received by the Governor at ________M. on _____________________________________, 2025.
52		-	Approved at ________M. on __________________________________________________, 2025.
53		-	____________________________
54		-	Governor
55		-	Filed in this office this ___________day of _______________________________________, 2025,
56		-	at ________ o’clock ________M.
57		-	____________________________
58		-	Secretary of State
	74	+	protective custody of a child in accordance with section 27-20.3-06; and
	75	+	(6)Protect the safety of students and the school community.
	76	+	Page No. 2 25.1107.01002
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