25.0112.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Wobbema, Dwyer, Myrdal, Paulson
Representative D. Johnston
A BILL for an Act to create and enact a new section to chapter 12.1-23 of the North Dakota
Century Code, relating to prohibiting a political subdivision from seizing personal property
without notice; to amend and reenact section 12.1-23-02 of the North Dakota Century Code,
relating to theft of property; and to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 12.1-23-02 of the North Dakota Century Code is
amended and reenacted as follows:
12.1-23-02. Theft of property.
A person is guilty of theft if hethe person:
1.Knowingly takes or exercises unauthorized control over, or makes an unauthorized
transfer of an interest in, the property of another with intent to deprive the owner
thereofof the property;
2.Knowingly obtains the property of another by deception or by threat with intent to
deprive the owner thereofof the property, or intentionally deprives another of histhe
owner of the property by deception or by threat; or
3.Knowingly receives, retains, or disposes of property of another which has been stolen,
with intent to deprive the owner thereofof the property; or
4.Is a public servant acting under governmental authority or color of law who knowingly
seizes or confiscates private property located on the owner's real property before:
a.Providing the owner of the property with written notice in person or via certified
mail of the impending seizure or confiscation; or
b.Receiving the owner's signature acknowledging receipt of the required notice.
SECTION 2. A new section to chapter 12.1-23 of the North Dakota Century Code is created
and enacted as follows:
Page No. 1 25.0112.01000
SENATE BILL NO. 2240
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24 Sixty-ninth
Legislative Assembly
Theft by a political subdivision.
A political subdivision, including a home rule city or county, may not seize or confiscate an
individual's personal property from real property owned by the individual before:
1.Providing the owner of the property with written notice in person or via certified mail of
the impending seizure or confiscation; or
2.Receiving the owner's signature acknowledging receipt of the required notice.
Page No. 2 25.0112.01000
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