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North Dakota House Bill HB1418

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1418 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. 1418
4-(Representatives Klemin, Karls, Lefor, Louser, Schneider)
5-(Senators Dwyer, Larson, Sickler)
6-AN ACT to amend and reenact section 29-06-15 of the North Dakota Century Code, relating to arrests
7-without a warrant for harassing a public safety agency.
1+25.0997.02002
2+Title.03000
3+Adopted by the Judiciary Committee
4+Sixty-ninth
5+February 3, 2025
6+Legislative Assembly
7+of North Dakota
8+Introduced by
9+Representatives Klemin, Karls, Lefor, Louser, Schneider
10+Senators Dwyer, Larson, Sickler
11+A BILL for an Act to amend and reenact section 29-06-15 of the North Dakota Century Code,
12+relating to arrests without a warrant for harassing a public safety agency.
813 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. AMENDMENT. Section 29-06-15 of the North Dakota Century Code is amended and
10-reenacted as follows:
14+SECTION 1. AMENDMENT. Section 29-06-15 of the North Dakota Century Code is
15+amended and reenacted as follows:
1116 29-06-15. Arrest without warrant - Peace officer - Federal agent.
1217 1.A law enforcement officer, without a warrant, may arrest a person:
1318 a.For a public offense, committed or attempted in the officer's presence and for the
14-purpose of this subdivision, a crime must be deemed committed or attempted in the
15-officer's presence when what the officer observes through the officer's senses reasonably
16-indicates to the officer that a crime was in fact committed or attempted in the officer's
17-presence by the person arrested.
18-b.When the person arrested has committed a felony, although not in the officer's presence.
19-c.When a felony in fact has been committed, and the officer has reasonable cause to
20-believe the person arrested to have committed it.
21-d.On a charge, made upon reasonable cause, of the commission of a felony by the party
22-arrested.
23-e.For the public offenses, not classified as felonies and not committed in the officer's
24-presence as provided for under section 29-06-15.1.
25-f.On a charge, made upon reasonable cause, of driving or being in actual physical control
26-of a vehicle while under the influence of alcoholic beveragesin violation of section
27-39 - 08 - 01 .
19+purpose of this subdivision, a crime must be deemed committed or attempted in
20+the officer's presence when what the officer observes through the officer's senses
21+reasonably indicates to the officer that a crime was in fact committed or
22+attempted in the officer's presence by the person arrested.
23+b.When the person arrested has committed a felony, although not in the officer's
24+presence.
25+c.When a felony in fact has been committed, and the officer has reasonable cause
26+to believe the person arrested to have committed it.
27+d.On a charge, made upon reasonable cause, of the commission of a felony by the
28+party arrested.
29+e.For the public offenses, not classified as felonies and not committed in the
30+officer's presence as provided for under section 29-06-15.1.
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32+ HOUSE BILL NO. 1418
33+PROPOSED AMENDMENTS TO
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55+f.On a charge, made upon reasonable cause, of driving or being in actual physical
56+control of a vehicle while under the influence of alcoholic beveragesin violation of
57+section 39-08-01.
2858 g.For the offense of violating a protection order under section 14-07.1-06, an order
29-prohibiting contact under section 12.1-31.2-02, or for an assault involving domestic
30-violence under section 14-07.1-11.
31-h.On a charge, made upon reasonable cause, of being under the influence of volatile
32-chemical vapors in violation of section 19-03.1-22.1.
33-i.For the offense of harassing a public safety agency or making a false report to a public
34-safety agency under subsection 4 of section 12.1 - 17 - 07.
35-2.A federal agent, without a warrant, may arrest a person if all of the following circumstances
36-exist:
59+prohibiting contact under section 12.1-31.2-02, or for an assault involving
60+domestic violence under section 14-07.1-11.
61+h.On a charge, made upon reasonable cause, of being under the influence of
62+volatile chemical vapors in violation of section 19-03.1-22.1.
63+i.For the offense of harassing a public safety agency or making a false report to a
64+public safety agency under subsection 4 of section 12.1 - 17 - 07.
65+2.A federal agent, without a warrant, may arrest a person if all of the following
66+circumstances exist:
3767 a.The officer is on duty.
38-b.One or more of the following situations exist: H. B. NO. 1418 - PAGE 2
39-(1)The person commits an assault or other crime, defined and punishable under
40-chapter 12.1-17, against the officer or against any other person in the presence of
41-the officer.
42-(2)The officer has reasonable cause to believe that a crime, as defined in paragraph 1,
43-has been committed and reasonable cause to believe that the person to be arrested
68+b.One or more of the following situations exist:
69+(1)The person commits an assault or other crime, defined and punishable
70+under chapter 12.1-17, against the officer or against any other person in the
71+presence of the officer.
72+(2)The officer has reasonable cause to believe that a crime, as defined in
73+paragraph 1, has been committed and reasonable cause to believe that the
74+person to be arrested has committed it.
75+(3)The officer has reasonable cause to believe that a felony has been
76+committed and reasonable cause to believe that the person to be arrested
4477 has committed it.
45-(3)The officer has reasonable cause to believe that a felony has been committed and
46-reasonable cause to believe that the person to be arrested has committed it.
47-(4)The officer has received positive information from an authoritative source that a
48-peace officer holds a warrant for the person's arrest.
49-3.If a law enforcement officer has reasonable cause to believe an individual has violated a lawful
50-order of a court of this state which requires the individual to participate in the twenty-four
51-seven sobriety program authorized in sections 54-12-27 through 54-12-31, the law
52-enforcement officer may immediately take the individual into custody without a warrant. An
53-individual taken into custody under this subsection may not be released on bail or on the
54-individual's personal recognizance unless the individual has made a personal appearance
55-before a magistrate. H. B. NO. 1418 - PAGE 3
56-____________________________ ____________________________
57-Speaker of the House President of the Senate
58-____________________________ ____________________________
59-Chief Clerk of the House Secretary of the Senate
60-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
61-Assembly of North Dakota and is known on the records of that body as House Bill No. 1418.
62-House Vote: Yeas 83 Nays 7 Absent 4
63-Senate Vote:Yeas 44 Nays 1 Absent 2
64-____________________________
65-Chief Clerk of the House
66-Received by the Governor at ________M. on _____________________________________, 2025.
67-Approved at ________M. on __________________________________________________, 2025.
68-____________________________
69-Governor
70-Filed in this office this ___________day of _______________________________________, 2025,
71-at ________ o’clock ________M.
72-____________________________
73-Secretary of State
78+(4)The officer has received positive information from an authoritative source
79+that a peace officer holds a warrant for the person's arrest.
80+3.If a law enforcement officer has reasonable cause to believe an individual has violated
81+a lawful order of a court of this state which requires the individual to participate in the
82+twenty-four seven sobriety program authorized in sections 54-12-27 through 54-12-31,
83+the law enforcement officer may immediately take the individual into custody without a
84+warrant. An individual taken into custody under this subsection may not be released on
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117+bail or on the individual's personal recognizance unless the individual has made a
118+personal appearance before a magistrate.
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