North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1528 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. 1528
4		-	(Representatives M. Ruby, Nelson)
5		-	(Senator Klein)
6		-	AN ACT to amend and reenact sections 12.1-21-01 and 12.1-21-02 of the North Dakota Century Code,
7		-	relating to arson and endangering by fire or explosion; and to provide a penalty.
	1	+	25.1221.01002
	2	+	Title.02000
	3	+	Adopted by the Judiciary Committee
	4	+	Sixty-ninth
	5	+	February 4, 2025
	6	+	Legislative Assembly
	7	+	of North Dakota
	8	+	Introduced by
	9	+	Representatives M. Ruby, Nelson
	10	+	Senator Klein
	11	+	A BILL for an Act to amend and reenact sections 12.1-21-01 and 12.1-21-02 of the North
	12	+	Dakota Century Code, relating to arson and endangering by fire or explosion; and to provide a
	13	+	penalty.
8	14		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. AMENDMENT. Section 12.1-21-01 of the North Dakota Century Code is ~~amended and~~
10		-	reenacted as follows:
	15	+	SECTION 1. AMENDMENT. Section 12.1-21-01 of the North Dakota Century Code is
	16	+	amended and reenacted as follows:
11	17		12.1-21-01. Arson.
12	18		A person
13		-	1.An individual is guilty of arson, a class B felony, if hethe individual starts or maintains a fire or
14		-	causes an explosion with intent to destroy an:
15		-	a.An entire or any part of a building or inhabited structure of another or a vital public facility,
16		-	or if he starts or maintains a fire or causes an explosion with intent to destroy or;
17		-	b.Or damage histhe individual's own real or personal property for the purpose of collecting
18		-	insurance for the loss.;
19		-	c.Or damage the individual's own real property for the purpose of depriving another with a
20		-	legal interest in the real property damaged or destroyed; or
21		-	d.Or damage the individual's own personal property for the purpose of depriving another
22		-	with a legal interest in the personal property damaged or destroyed, and the value of the
23		-	personal property damaged or destroyed has a value in excess of two thousand dollars.
24		-	2.For purposes of this section, "a legal interest" includes, a joint legal interest by joint ownership
25		-	of the property, or an individual's own legal interest in property financed by another, such as a
26		-	mortgage, contract, deed, or lien.
27		-	SECTION 2. AMENDMENT. Section 12.1-21-02 of the North Dakota Century Code is amended and
28		-	reenacted as follows:
	19	+	1.An individual is guilty of arson, a class B felony, if hethe individual starts or maintains a
	20	+	fire or causes an explosion with intent to destroy an:
	21	+	a.An entire or any part of a building or inhabited structure of another or a vital
	22	+	public facility, or if he starts or maintains a fire or causes an explosion with intent
	23	+	to destroy or;
	24	+	b.Or damage histhe individual's own real or personal property for the purpose of
	25	+	collecting insurance for the loss.;
	26	+	c.Or damage the individual's own real property for the purpose of depriving another
	27	+	with a legal interest in the real property damaged or destroyed; or
	28	+	d.Or damage the individual's own personal property for the purpose of depriving
	29	+	another with a legal interest in the personal property damaged or destroyed, and
	30	+	Page No. 1 25.1221.01002
	31	+	HOUSE BILL NO. 1528
	32	+	PROPOSED AMENDMENTS TO
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	52	+	Legislative Assembly
	53	+	the value of the personal property damaged or destroyed has a value in excess
	54	+	of two thousand dollars.
	55	+	2.For purposes of this section, "a legal interest" includes, a joint legal interest by joint
	56	+	ownership of the property, or an individual's own legal interest in property financed by
	57	+	another, such as a mortgage, contract, deed, or lien.
	58	+	SECTION 2. AMENDMENT. Section 12.1-21-02 of the North Dakota Century Code is
	59	+	amended and reenacted as follows:
29	60		12.1-21-02. Endangering by fire or explosion.
30		-	1.A personAn individual is guilty of an offense if hethe individual intentionally starts or maintains
31		-	a fire or causes an explosion and thereby recklessly:
	61	+	1.A personAn individual is guilty of an offense if he the individual intentionallythe
	62	+	individual willfully starts or maintains a fire or causes an explosion and thereby
	63	+	recklessly:
32	64		a.Places another person in danger of death or bodily injury;
33		-	b.Places an entire or any part of a building or inhabited structure of another or a vital public
34		-	facility in danger of destruction; or
35		-	c.Causes damage to property of another constituting pecuniary loss in excess of two
36		-	thousand dollars.
37		-	2.For purposes of this section, "person in danger" includes, fire department, law enforcement,
38		-	and emergency medical personnel, a firefighter, and a volunteer firefighter while responding to
39		-	a fire or during fire suppression efforts. H. B. NO. 1528 - PAGE 2
40		-	3.The offense is a class B felony if the actor places another person in danger of death under
41		-	circumstances manifesting an extreme indifference to the value of human life. Otherwise it is a
42		-	class C felony. H. B. NO. 1528 - PAGE 3
43		-	____________________________ ____________________________
44		-	Speaker of the House President of the Senate
45		-	____________________________ ____________________________
46		-	Chief Clerk of the House Secretary of the Senate
47		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
48		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1528.
49		-	House Vote: Yeas 89 Nays 0 Absent 5
50		-	Senate Vote:Yeas 45 Nays 0 Absent 2
51		-	____________________________
52		-	Chief Clerk of the House
53		-	Received by the Governor at ________M. on _____________________________________, 2025.
54		-	Approved at ________M. on __________________________________________________, 2025.
55		-	____________________________
56		-	Governor
57		-	Filed in this office this ___________day of _______________________________________, 2025,
58		-	at ________ o’clock ________M.
59		-	____________________________
60		-	Secretary of State
	65	+	b.Places an entire or any part of a building or inhabited structure of another or a
	66	+	vital public facility in danger of destruction; or
	67	+	c.Causes damage to property of another constituting pecuniary loss in excess of
	68	+	two thousand dollars.
	69	+	2.If an individual is under the influence of an intoxicating liquor or drug which resulted in
	70	+	or contributed to starting a fire, the individual's state of being under the influence is
	71	+	prima facie evidence of the intent to violate the provisions of this section.
	72	+	3.For purposes of this section, "person in danger" includes, fire department , law
	73	+	enforcement, and emergency medical personnel, a firefighter, and a volunteer
	74	+	firefighter while responding to a fire or during fire suppression efforts.
	75	+	4. 3. The offense is a class A felony if the fire or explosion results in the death of another.
	76	+	The offense is a class B felony if the actor places another person in danger of death
	77	+	under circumstances manifesting an extreme indifference to the value of human life.
	78	+	Otherwise it is a class C felony.
	79	+	Page No. 2 25.1221.01002
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