25.0997.02002
Title.03000
Adopted by the Judiciary Committee
Sixty-ninth
February 3, 2025
Legislative Assembly
of North Dakota
Introduced by
Representatives Klemin, Karls, Lefor, Louser, Schneider
Senators Dwyer, Larson, Sickler
A BILL for an Act to amend and reenact section 29-06-15 of the North Dakota Century Code,
relating to arrests without a warrant for harassing a public safety agency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 29-06-15 of the North Dakota Century Code is
amended and reenacted as follows:
29-06-15. Arrest without warrant - Peace officer - Federal agent.
1.A law enforcement officer, without a warrant, may arrest a person:
a.For a public offense, committed or attempted in the officer's presence and for the
purpose of this subdivision, a crime must be deemed committed or attempted in
the officer's presence when what the officer observes through the officer's senses
reasonably indicates to the officer that a crime was in fact committed or
attempted in the officer's presence by the person arrested.
b.When the person arrested has committed a felony, although not in the officer's
presence.
c.When a felony in fact has been committed, and the officer has reasonable cause
to believe the person arrested to have committed it.
d.On a charge, made upon reasonable cause, of the commission of a felony by the
party arrested.
e.For the public offenses, not classified as felonies and not committed in the
officer's presence as provided for under section 29-06-15.1.
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HOUSE BILL NO. 1418
PROPOSED AMENDMENTS TO
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f.On a charge, made upon reasonable cause, of driving or being in actual physical
control of a vehicle while under the influence of alcoholic beveragesin violation of
section 39-08-01.
g.For the offense of violating a protection order under section 14-07.1-06, an order
prohibiting contact under section 12.1-31.2-02, or for an assault involving
domestic violence under section 14-07.1-11.
h.On a charge, made upon reasonable cause, of being under the influence of
volatile chemical vapors in violation of section 19-03.1-22.1.
i.For the offense of harassing a public safety agency or making a false report to a
public safety agency under subsection 4 of section 12.1 - 17 - 07.
2.A federal agent, without a warrant, may arrest a person if all of the following
circumstances exist:
a.The officer is on duty.
b.One or more of the following situations exist:
(1)The person commits an assault or other crime, defined and punishable
under chapter 12.1-17, against the officer or against any other person in the
presence of the officer.
(2)The officer has reasonable cause to believe that a crime, as defined in
paragraph 1, has been committed and reasonable cause to believe that the
person to be arrested has committed it.
(3)The officer has reasonable cause to believe that a felony has been
committed and reasonable cause to believe that the person to be arrested
has committed it.
(4)The officer has received positive information from an authoritative source
that a peace officer holds a warrant for the person's arrest.
3.If a law enforcement officer has reasonable cause to believe an individual has violated
a lawful order of a court of this state which requires the individual to participate in the
twenty-four seven sobriety program authorized in sections 54-12-27 through 54-12-31,
the law enforcement officer may immediately take the individual into custody without a
warrant. An individual taken into custody under this subsection may not be released on
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bail or on the individual's personal recognizance unless the individual has made a
personal appearance before a magistrate.
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