Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1336
(Representatives Satrom, Grueneich, Ostlie)
(Senators Conley, Dwyer)
AN ACT to amend and reenact section 12.1-31.2-02, subsection 1 of section 12.1-32-02, and
subdivision h of subsection 5 of section 39-08-01 of the North Dakota Century Code, relating to
orders prohibiting contact and use of orders prohibiting contact as an alternative to sentencing.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 12.1-31.2-02 of the North Dakota Century Code is amended
and reenacted as follows:
12.1-31.2-02. Order prohibiting contact.
1.a.If an individual who is charged with or, arrested for, or subject to a sentence or order
deferring imposition of sentence for a crime of violence or threat of violence, stalking,
harassment, or a sex offense is released from custody before arraignment or trial, the
court authorizing the release of the individual, imposing a sentence, or issuing an order
deferring imposition of sentence, shall consider and may issue an order prohibiting the
individual from having contact with the victim. The order must contain the court's
directives and must inform the individual that any violation of the order constitutes a
criminal offense. The state's attorney shall provide a copy of the order to the victim. The
court shall determine at the time of the individual's arraignment whether an order issued
pursuant to this section will be extended. If the court issues an order pursuant to this
section before the time the individual is charged, the order expires at the individual's
arraignment or within seventy-two hours of issuance if charges against the individual are
not filed.
b.A party or victim may file a written request with the court to modify or terminate an order
issued under this section. If requested, the court may hold a hearing to determine
whether to grant or deny the request to modify or terminate an order.
c.If an order prohibiting contact is issued upon a charge or arrest, the order terminates
upon dismissal, acquittal, sentence, or order deferring imposition of sentence. Upon
sentence or order deferring imposition of sentence, the court may issue a new order
under this subsection.
2.If the court has probable cause to believe that the individual charged or arrestedsubject to an
order under subsection 1 is likely to use, display, or threaten to use a firearm or dangerous
weapon as defined in section 12.1-01-04 in any further act of violence, the court shall require
that the individual surrender for safekeeping any firearm or specified dangerous weapon in or
subject to the individual's immediate possession or control, to the sheriff of the county or chief
of police of the city in which the individual resides.
3.WheneverIf an order prohibiting contact is issued, modified, extended, or terminated under
this section, the clerk of court shall forward a copy of the order within one business day to the
appropriate law enforcement agency specified in the order. Upon receipt of the copy of the
order, the law enforcement agency shall enter the order in the central warrant information
system and the national crime information center database provided by the federal bureau of
investigation, or its successor agency.
a.Once the bureau, after consultation with the state court administrator, determines and
implements a method to transmit electronically to the bureau an order prohibiting contact, H. B. NO. 1336 - PAGE 2
the court electronically shall send the full text of the order as issued, modified, extended,
or terminated in accordance with this section and any data fields identified by the bureau.
This electronic submission will fulfill the law enforcement agency's requirement to enter
the order in the central warrant information system, but will not fulfill its requirement to
enter, maintain, and respond to inquiries regarding the order in the national crime
information center database provided by the federal bureau of investigation, or its
successor agency.
b.Once the bureau, after consultation with the state court administrator, determines and
implements an electronic method to notify law enforcement about the order, the clerk of
court's requirement to forward the order to the law enforcement agency will be satisfied.
c.Once the bureau, after consultation with the director of state radio, determines and
implements a method to enter the order into the national crime information center
database provided by the federal bureau of investigation, or its successor agency, the
bureau shall enter the order electronically in the national crime information center
database provided by the federal bureau of investigation, or its successor agency. This
electronic entry will fulfill the law enforcement agency's requirement to enter the order in
the national crime information center database provided by the federal bureau of
investigation, or its successor agency, but will not fulfill its requirement to maintain and
respond to inquiries regarding the order in the national crime information center database
provided by the federal bureau of investigation, or its successor agency.
4.An individual who violates a court order issued under this section is guilty of a class A
misdemeanor.
5.A law enforcement officer shall arrest an individual without a warrant if the officer determines
there is probable cause that the individual has committed the offense of violating an order
prohibiting contact under this section, whether or not the violation was committed in the
presence of the officer. A law enforcement officer who acts in good faith on probable cause
and without malice is immune from any civil or criminal liability for making an arrest under this
subsection.
SECTION 2. AMENDMENT. Subsection 1 of section 12.1-32-02 of the North Dakota Century Code
is amended and reenacted as follows:
1.a.Every person convicted of an offense who is sentenced by the court must be sentenced
to one or a combination of the following alternatives, unless the sentencing alternatives
are otherwise specifically provided in the statute defining the offense or sentencing is
deferred under subsection 4:
a.(1)Payment of the reasonable costs of the person's prosecution.
b.(2)Probation.
c.(3)A term of imprisonment, including intermittent imprisonment:
(1)(a)In a state correctional facility in accordance with section 29-27-07, in a
regional corrections center, or in a county jail, if convicted of a felony or a
class A misdemeanor.
(2)(b)In a county jail or in a regional corrections center, if convicted of a class B
misdemeanor.
(3)(c)In a facility or program deemed appropriate for the treatment of the individual
offender, including available community-based or faith-based programs. H. B. NO. 1336 - PAGE 3
(4)(d)In the case of persons convicted of an offense who are under eighteen years
of age at the time of sentencing, the court is limited to sentencing the minor
defendant to a term of imprisonment in the custody of the department of
corrections and rehabilitation.
d.(4)A fine.
e.(5)Restitution for damages resulting from the commission of the offense.
f.(6)Restoration of damaged property or other appropriate work detail.
g.(7)Commitment to an appropriate licensed public or private institution for treatment of
alcoholism, drug addiction, or mental disease or defect.
h.(8)Commitment to a sexual offender treatment program.
i.(9)Drug court program. A drug court is a district court supervised treatment program
approved by the supreme court which combines judicial supervision with alcohol
and drug testing and substance use disorder treatment in a licensed treatment
program. The supreme court may adopt rules, including rules of procedure, for drug
court programs.
j.(10)Veterans treatment docket. A veterans treatment docket is a district court
supervised docket approved by the supreme court which combines judicial
supervision with licensed treatment programs to treat substance use disorders,
mental health conditions, behavioral health conditions, traumatic brain injuries,
military sexual trauma, and co-occurring disorders. The supreme court may adopt
rules, including rules of procedure, for veterans treatment dockets.
k.(11)Completion of a restorative justice program. For purposes of this section,
"restorative justice program" means a system of justice which focuses on the
rehabilitation of offenders through reconciliation with victims and the community at
large.
l.(12)Mental health court program. A mental health court is a district court supervised
treatment program approved by the supreme court which combines judicial
supervision with mental health services and treatment in a licensed treatment
program. The supreme court may adopt rules, including rules of procedure, for
mental health court programs.
(13)An order prohibiting contact.
b.Except as provided byin section 12.1-32-06.1, sentences imposed under this subsection
may not exceed in duration the maximum sentences of imprisonment provided by section
12.1-32-01, section 12.1-32-09, or as provided specifically in a statute defining an
offense. This subsection does not permit the unconditional discharge of an offender
following conviction. A sentence under subdivision eparagraph 5 or f6 of subdivision a
must be imposed in the manner provided in section 12.1-32-08. If the person is
sentenced to a term of imprisonment, the court may prohibit the person from contacting
the victim during the term of imprisonment. For purposes of this subsection, "victim"
means victim as defined in section 12.1-34-01.
SECTION 3. AMENDMENT. Subdivision h of subsection 5 of section 39-08-01 of the North Dakota
Century Code is amended and reenacted as follows:
h.If the penalty mandated by this section includes imprisonment or placement upon
conviction of a violation of this section or equivalent ordinance, and if an addiction
evaluation has indicated that the defendant needs treatment, the court may order the H. B. NO. 1336 - PAGE 4
defendant to undergo treatment at an appropriate licensed addiction treatment program
under subdivision g of subsection 1 of section 12.1-32-02 and the time spent by the
defendant in the treatment must be credited as a portion of a sentence of imprisonment
or placement under this section. A court may not order the department of corrections and
rehabilitation to be responsible for the costs of treatment in a private treatment facility. H. B. NO. 1336 - PAGE 5
____________________________ ____________________________
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. 1336.
House Vote: Yeas 93 Nays 0 Absent 1
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