North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1336 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
	1	+	25.0876.01003
	2	+	Title.02000
	3	+	Adopted by the Judiciary Committee
	4	+	Sixty-ninth
	5	+	January 28, 2025
	6	+	Legislative Assembly
	7	+	of North Dakota
	8	+	Introduced by
	9	+	Representatives Satrom, Grueneich, Ostlie
	10	+	Senators Conley, Dwyer
	11	+	A BILL for an Act to amend and reenact section 12.1-31.2-02, subsection 1 of section
	12	+	12.1-32-02, and subdivision h of subsection 5 of section 39-08-01 of the North Dakota Century
	13	+	Code, relating to orders prohibiting contact and use of orders prohibiting contact as an
	14	+	alternative to sentencing.
	15	+	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
	16	+	SECTION 1. AMENDMENT. Section 12.1-31.2-02 of the North Dakota Century Code is
	17	+	amended and reenacted as follows:
	18	+	12.1-31.2-02. Order prohibiting contact.
	19	+	1.a.If an individual who is charged with or, arrested for, or subject to a sentence or
	20	+	order deferring imposition of sentence for a crime of violence or threat of
	21	+	violence, stalking, harassment, or a sex offense is released from custody before
	22	+	arraignment or trial, the court authorizing the release of the individual, imposing a
	23	+	sentence, or issuing an order deferring imposition of sentence, shall consider and
	24	+	may issue an order prohibiting the individual from having contact with the victim.
	25	+	The order must contain the court's directives and must inform the individual that
	26	+	any violation of the order constitutes a criminal offense. The state's attorney shall
	27	+	provide a copy of the order to the victim. The court shall determine at the time of
	28	+	the individual's arraignment whether an order issued pursuant to this section will
	29	+	be extended. If the court issues an order pursuant to this section before the time
	30	+	the individual is charged, the order expires at the individual's arraignment or
	31	+	Page No. 1 25.0876.01003
3	32		HOUSE BILL NO. 1336
4		-	(Representatives Satrom, Grueneich, Ostlie)
5		-	(Senators Conley, Dwyer)
6		-	AN ACT to amend and reenact section 12.1-31.2-02, subsection 1 of section 12.1-32-02, and
7		-	subdivision h of subsection 5 of section 39-08-01 of the North Dakota Century Code, relating to
8		-	orders prohibiting contact and use of orders prohibiting contact as an alternative to sentencing.
9		-	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10		-	SECTION 1. AMENDMENT. Section 12.1-31.2-02 of the North Dakota Century Code is amended
11		-	and reenacted as follows:
12		-	12.1-31.2-02. Order prohibiting contact.
13		-	1.a.If an individual who is charged with or, arrested for, or subject to a sentence or order
14		-	deferring imposition of sentence for a crime of violence or threat of violence, stalking,
15		-	harassment, or a sex offense is released from custody before arraignment or trial, the
16		-	court authorizing the release of the individual, imposing a sentence, or issuing an order
17		-	deferring imposition of sentence, shall consider and may issue an order prohibiting the
18		-	individual from having contact with the victim. The order must contain the court's
19		-	directives and must inform the individual that any violation of the order constitutes a
20		-	criminal offense. The state's attorney shall provide a copy of the order to the victim. The
21		-	court shall determine at the time of the individual's arraignment whether an order issued
22		-	pursuant to this section will be extended. If the court issues an order pursuant to this
23		-	section before the time the individual is charged, the order expires at the individual's
24		-	arraignment or within seventy-two hours of issuance if charges against the individual are
25		-	not filed.
26		-	b.A party or victim may file a written request with the court to modify or terminate an order
27		-	issued under this section. If requested, the court may hold a hearing to determine
28		-	whether to grant or deny the request to modify or terminate an order.
29		-	c.If an order prohibiting contact is issued upon a charge or arrest, the order terminates
30		-	upon dismissal, acquittal, sentence, or order deferring imposition of sentence. Upon
31		-	sentence or order deferring imposition of sentence, the court may issue a new order
32		-	under this subsection.
33		-	2.If the court has probable cause to believe that the individual charged or arrestedsubject to an
34		-	order under subsection 1 is likely to use, display, or threaten to use a firearm or dangerous
35		-	weapon as defined in section 12.1-01-04 in any further act of violence, the court shall require
36		-	that the individual surrender for safekeeping any firearm or specified dangerous weapon in or
37		-	subject to the individual's immediate possession or control, to the sheriff of the county or chief
38		-	of police of the city in which the individual resides.
39		-	3.WheneverIf an order prohibiting contact is issued, modified, extended, or terminated under
40		-	this section, the clerk of court shall forward a copy of the order within one business day to the
41		-	appropriate law enforcement agency specified in the order. Upon receipt of the copy of the
42		-	order, the law enforcement agency shall enter the order in the central warrant information
43		-	system and the national crime information center database provided by the federal bureau of
44		-	investigation, or its successor agency.
45		-	a.Once the bureau, after consultation with the state court administrator, determines and
46		-	implements a method to transmit electronically to the bureau an order prohibiting contact, H. B. NO. 1336 - PAGE 2
47		-	the court electronically shall send the full text of the order as issued, modified, extended,
48		-	or terminated in accordance with this section and any data fields identified by the bureau.
49		-	This electronic submission will fulfill the law enforcement agency's requirement to enter
50		-	the order in the central warrant information system, but will not fulfill its requirement to
51		-	enter, maintain, and respond to inquiries regarding the order in the national crime
	33	+	PROPOSED AMENDMENTS TO
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	55	+	within seventy-two hours of issuance if charges against the individual are not
	56	+	filed.
	57	+	b.A party or victim may file a written request with the court to modify or terminate
	58	+	an order issued under this section. If requested, the court shall may hold a
	59	+	hearing to determine whether to grant or deny the request to modify or terminate
	60	+	an order.
	61	+	c.If an order prohibiting contact is issued upon a charge or arrest, the order
	62	+	terminates upon dismissal, acquittal, sentence, or order deferring imposition of
	63	+	sentence. Upon sentence or order deferring imposition of sentence, the court
	64	+	may issue a new order under this subsection .
	65	+	2.If the court has probable cause to believe that the individual charged or
	66	+	arrestedsubject to an order under subsection 1 is likely to use, display, or threaten to
	67	+	use a firearm or dangerous weapon as defined in section 12.1-01-04 in any further act
	68	+	of violence, the court shall require that the individual surrender for safekeeping any
	69	+	firearm or specified dangerous weapon in or subject to the individual's immediate
	70	+	possession or control, to the sheriff of the county or chief of police of the city in which
	71	+	the individual resides.
	72	+	3.WheneverIf an order prohibiting contact is issued, modified, extended, or terminated
	73	+	under this section, the clerk of court shall forward a copy of the order within one
	74	+	business day to the appropriate law enforcement agency specified in the order. Upon
	75	+	receipt of the copy of the order, the law enforcement agency shall enter the order in
	76	+	the central warrant information system and the national crime information center
	77	+	database provided by the federal bureau of investigation, or its successor agency.
	78	+	a.Once the bureau, after consultation with the state court administrator, determines
	79	+	and implements a method to transmit electronically to the bureau an order
	80	+	prohibiting contact, the court electronically shall send the full text of the order as
	81	+	issued, modified, extended, or terminated in accordance with this section and any
	82	+	data fields identified by the bureau. This electronic submission will fulfill the law
	83	+	enforcement agency's requirement to enter the order in the central warrant
	84	+	information system, but will not fulfill its requirement to enter, maintain, and
	85	+	respond to inquiries regarding the order in the national crime information center
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	119	+	database provided by the federal bureau of investigation, or its successor
	120	+	agency.
	121	+	b.Once the bureau, after consultation with the state court administrator, determines
	122	+	and implements an electronic method to notify law enforcement about the order,
	123	+	the clerk of court's requirement to forward the order to the law enforcement
	124	+	agency will be satisfied.
	125	+	c.Once the bureau, after consultation with the director of state radio, determines
	126	+	and implements a method to enter the order into the national crime information
	127	+	center database provided by the federal bureau of investigation, or its successor
	128	+	agency, the bureau shall enter the order electronically in the national crime
52	129		information center database provided by the federal bureau of investigation, or its
53		-	successor agency.
54		-	b.Once the bureau, after consultation with the state court administrator, determines and
55		-	implements an electronic method to notify law enforcement about the order, the clerk of
56		-	court's requirement to forward the order to the law enforcement agency will be satisfied.
57		-	c.Once the bureau, after consultation with the director of state radio, determines and
58		-	implements a method to enter the order into the national crime information center
59		-	database provided by the federal bureau of investigation, or its successor agency, the
60		-	bureau shall enter the order electronically in the national crime information center
61		-	database provided by the federal bureau of investigation, or its successor agency. This
62		-	electronic entry will fulfill the law enforcement agency's requirement to enter the order in
63		-	the national crime information center database provided by the federal bureau of
64		-	investigation, or its successor agency, but will not fulfill its requirement to maintain and
65		-	respond to inquiries regarding the order in the national crime information center database
66		-	provided by the federal bureau of investigation, or its successor agency.
	130	+	successor agency. This electronic entry will fulfill the law enforcement agency's
	131	+	requirement to enter the order in the national crime information center database
	132	+	provided by the federal bureau of investigation, or its successor agency, but will
	133	+	not fulfill its requirement to maintain and respond to inquiries regarding the order
	134	+	in the national crime information center database provided by the federal bureau
	135	+	of investigation, or its successor agency.
67	136		4.An individual who violates a court order issued under this section is guilty of a class A
68	137		misdemeanor.
69		-	5.A law enforcement officer shall arrest an individual without a warrant if the officer determines
70		-	there is probable cause that the individual has committed the offense of violating an order
71		-	prohibiting contact under this section, whether or not the violation was committed in the
72		-	presence of the officer. A law enforcement officer who acts in good faith on probable cause
73		-	and without malice is immune from any civil or criminal liability for making an arrest under this
74		-	subsection.
75		-	SECTION 2. AMENDMENT. Subsection 1 of section 12.1-32-02 of the North Dakota Century Code
76		-	is amended and reenacted as follows:
77		-	1.a.Every person convicted of an offense who is sentenced by the court must be sentenced
78		-	to one or a combination of the following alternatives, unless the sentencing alternatives
79		-	are otherwise specifically provided in the statute defining the offense or sentencing is
80		-	deferred under subsection 4:
	138	+	5.A law enforcement officer shall arrest an individual without a warrant if the officer
	139	+	determines there is probable cause that the individual has committed the offense of
	140	+	violating an order prohibiting contact under this section, whether or not the violation
	141	+	was committed in the presence of the officer. A law enforcement officer who acts in
	142	+	good faith on probable cause and without malice is immune from any civil or criminal
	143	+	liability for making an arrest under this subsection.
	144	+	SECTION 2. AMENDMENT. Subsection 1 of section 12.1-32-02 of the North Dakota
	145	+	Century Code is amended and reenacted as follows:
	146	+	1.a.Every person convicted of an offense who is sentenced by the court must be
	147	+	sentenced to one or a combination of the following alternatives, unless the
	148	+	sentencing alternatives are otherwise specifically provided in the statute defining
	149	+	the offense or sentencing is deferred under subsection 4:
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81	183		a.(1)Payment of the reasonable costs of the person's prosecution.
82	184		b.(2)Probation.
83	185		c.(3)A term of imprisonment, including intermittent imprisonment:
84	186		(1)(a)In a state correctional facility in accordance with section 29-27-07, in a
85		-	regional corrections center, or in a county jail, if convicted of a felony or a
86		-	class A misdemeanor.
87		-	(2)(b)In a county jail or in a regional corrections center, if convicted of a class B
88		-	misdemeanor.
89		-	(3)(c)In a facility or program deemed appropriate for the treatment of the individual
90		-	offender, including available community-based or faith-based programs. H. B. NO. 1336 - PAGE 3
91		-	(4)(d)In the case of persons convicted of an offense who are under eighteen years
92		-	of age at the time of sentencing, the court is limited to sentencing the minor
93		-	defendant to a term of imprisonment in the custody of the department of
94		-	corrections and rehabilitation.
	187	+	regional corrections center, or in a county jail, if convicted of a felony
	188	+	or a class A misdemeanor.
	189	+	(2)(b)In a county jail or in a regional corrections center, if convicted of a
	190	+	class B misdemeanor.
	191	+	(3)(c)In a facility or program deemed appropriate for the treatment of the
	192	+	individual offender, including available community-based or
	193	+	faith-based programs.
	194	+	(4)(d)In the case of persons convicted of an offense who are under
	195	+	eighteen years of age at the time of sentencing, the court is limited to
	196	+	sentencing the minor defendant to a term of imprisonment in the
	197	+	custody of the department of corrections and rehabilitation.
95	198		d.(4)A fine.
96	199		e.(5)Restitution for damages resulting from the commission of the offense.
97	200		f.(6)Restoration of damaged property or other appropriate work detail.
98		-	g.(7)Commitment to an appropriate licensed public or private institution for ~~treatment of~~
99		-	alcoholism, drug addiction, or mental disease or defect.
	201	+	g.(7)Commitment to an appropriate licensed public or private institution for
	202	+	treatment of alcoholism, drug addiction, or mental disease or defect.
100	203		h.(8)Commitment to a sexual offender treatment program.
101		-	i.(9)Drug court program. A drug court is a district court supervised treatment ~~program~~
102		-	approved by the supreme court which combines judicial ~~supervision with alcohol~~
103		-	and drug testing and substance use disorder ~~treatment in a licensed treatment~~
104		-	program. The supreme court may adopt ~~rules, including rules of procedure, for drug~~
105		-	court programs.
	204	+	i.(9)Drug court program. A drug court is a district court supervised treatment
	205	+	program approved by the supreme court which combines judicial
	206	+	supervision with alcohol and drug testing and substance use disorder
	207	+	treatment in a licensed treatment program. The supreme court may adopt
	208	+	rules, including rules of procedure, for drug court programs.
106	209		j.(10)Veterans treatment docket. A veterans treatment docket is a district court
107	210		supervised docket approved by the supreme court which combines judicial
108		-	supervision with licensed treatment programs to treat substance use disorders,
109		-	mental health conditions, behavioral health conditions, traumatic brain injuries,
110		-	military sexual trauma, and co-occurring disorders. The supreme court may adopt
111		-	rules, including rules of procedure, for veterans treatment dockets.
	211	+	supervision with licensed treatment programs to treat substance use
	212	+	disorders, mental health conditions, behavioral health conditions, traumatic
	213	+	brain injuries, military sexual trauma, and co-occurring disorders. The
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	248	+	treatment dockets.
112	249		k.(11)Completion of a restorative justice program. For purposes of this section,
113		-	"restorative justice program" means a system of justice which focuses on ~~the~~
114		-	rehabilitation of offenders through reconciliation with victims and the ~~community at~~
115		-	large.
116		-	l.(12)Mental health court program. A mental health court is a district court ~~supervised~~
117		-	treatment program approved by the supreme court which ~~combines judicial~~
118		-	supervision with mental health services and treatment in a ~~licensed treatment~~
119		-	program. The supreme court may adopt rules, including ~~rules of procedure, for~~
120		-	mental health court programs.
	250	+	"restorative justice program" means a system of justice which focuses on
	251	+	the rehabilitation of offenders through reconciliation with victims and the
	252	+	community at large.
	253	+	l.(12)Mental health court program. A mental health court is a district court
	254	+	supervised treatment program approved by the supreme court which
	255	+	combines judicial supervision with mental health services and treatment in a
	256	+	licensed treatment program. The supreme court may adopt rules, including
	257	+	rules of procedure, for mental health court programs.
121	258		(13)An order prohibiting contact.
122		-	b.Except as provided byin section 12.1-32-06.1, sentences imposed under this subsection
123		-	may not exceed in duration the maximum sentences of imprisonment provided by section
124		-	12.1-32-01, section 12.1-32-09, or as provided specifically in a statute defining an
125		-	offense. This subsection does not permit the unconditional discharge of an offender
126		-	following conviction. A sentence under subdivision eparagraph 5 or f6 of subdivision a
127		-	must be imposed in the manner provided in section 12.1-32-08. If the person is
128		-	sentenced to a term of imprisonment, the court may prohibit the person from contacting
129		-	the victim during the term of imprisonment. For purposes of this subsection, "victim"
130		-	means victim as defined in section 12.1-34-01.
131		-	SECTION 3. AMENDMENT. Subdivision h of subsection 5 of section 39-08-01 of the North Dakota
132		-	Century Code is amended and reenacted as follows:
	259	+	b.Except as provided byin section 12.1-32-06.1, sentences imposed under this
	260	+	subsection may not exceed in duration the maximum sentences of imprisonment
	261	+	provided by section 12.1-32-01, section 12.1-32-09, or as provided specifically in
	262	+	a statute defining an offense. This subsection does not permit the unconditional
	263	+	discharge of an offender following conviction. A sentence under subdivision
	264	+	eparagraph 5 or f6 of subdivision a must be imposed in the manner provided in
	265	+	section 12.1-32-08. If the person is sentenced to a term of imprisonment, the
	266	+	court may prohibit the person from contacting the victim during the term of
	267	+	imprisonment. For purposes of this subsection, "victim" means victim as defined
	268	+	in section 12.1-34-01.
	269	+	SECTION 3. AMENDMENT. Subdivision h of subsection 5 of section 39-08-01 of the North
	270	+	Dakota Century Code is amended and reenacted as follows:
133	271		h.If the penalty mandated by this section includes imprisonment or placement upon
134		-	conviction of a violation of this section or equivalent ordinance, and if an addiction
135		-	evaluation has indicated that the defendant needs treatment, the court may order the H. B. NO. 1336 - PAGE 4
136		-	defendant to undergo treatment at an appropriate licensed addiction treatment program
137		-	under subdivision g of subsection 1 of section 12.1-32-02 and the time spent by the
138		-	defendant in the treatment must be credited as a portion of a sentence of imprisonment
139		-	or placement under this section. A court may not order the department of corrections and
140		-	rehabilitation to be responsible for the costs of treatment in a private treatment facility. H. B. NO. 1336 - PAGE 5
141		-	____________________________ ____________________________
142		-	Speaker of the House President of the Senate
143		-	____________________________ ____________________________
144		-	Chief Clerk of the House Secretary of the Senate
145		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
146		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1336.
147		-	House Vote: Yeas 93 Nays 0 Absent 1
148		-	Senate Vote:Yeas 47 Nays 0 Absent 0
149		-	____________________________
150		-	Chief Clerk of the House
151		-	Received by the Governor at ________M. on _____________________________________, 2025.
152		-	Approved at ________M. on __________________________________________________, 2025.
153		-	____________________________
154		-	Governor
155		-	Filed in this office this ___________day of _______________________________________, 2025,
156		-	at ________ o’clock ________M.
157		-	____________________________
158		-	Secretary of State
	272	+	conviction of a violation of this section or equivalent ordinance, and if an
	273	+	addiction evaluation has indicated that the defendant needs treatment, the court
	274	+	may order the defendant to undergo treatment at an appropriate licensed
	275	+	addiction treatment program under subdivision g of subsection 1 of section
	276	+	12.1-32-02 and the time spent by the defendant in the treatment must be credited
	277	+	as a portion of a sentence of imprisonment or placement under this section. A
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