Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1328
(Representatives Heinert, Hauck, Jonas, Meier, Wagner)
(Senators Larson, Schaible)
AN ACT to amend and reenact section 27-20.4-05.1 of the North Dakota Century Code, relating to
delinquency referrals to juvenile court.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. 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
an employee of a public or nonpublic school attended by the child or 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 of internal or external consultations is 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.
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 H. B. NO. 1328 - PAGE 2
(6)Protect the safety of students and the school community. H. B. NO. 1328 - PAGE 3
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1328.
House Vote: Yeas 90 Nays 0 Absent 4
Senate Vote:Yeas 47 Nays 0 Absent 0
____________________________
Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State