25.1369.02002
Title.04000
Adopted by the House Human Services
Committee
Sixty-ninth
April 9, 2025
Legislative Assembly
of North Dakota
Introduced by
Senators Van Oosting, Myrdal, Paulson
Representatives Hoverson, Richter, O'Brien
In place of the amendments (25.1369.02001) adopted by the House, Engrossed Senate Bill No.
2387 is amended by amendment (25.1369.02002) as follows:
A BILL for an Act to create and enact a new section to chapter 12.1-34 of the North Dakota
Century Code, relating to the rights of sexual violence survivors.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 12.1-34 of the North Dakota Century Code is created
and enacted as follows:
Sexual violence survivor rights.
1.As used in this section:
a."Sexual assault victim advocate" means a victim advocate of a domestic violence
sexual assault organization as defined under section 14 - 07.1 - 01, or a victim
advocate from a children's advocacy center as defined in section 50 - 25.1 - 02 a
victim advocate from an organization providing services to victims of sexual
trafficking or other sexual violence .
b."Sexual violence survivor" means an individual who is a victim of a crime defined
under section 12.1 - 20 - 03, 12.1 - 20 - 03.1, 12.1 - 20 - 04, 12.1 - 20 - 05, 12.1 - 20 - 05.1,
12.1 - 20 - 06, 12.1 - 20 - 06.1, 12.1 - 20 - 07, 12.1 - 20 - 11, or 12.1 - 20 - 12.3 - 41 - 04 .
2.In addition to the rights provided under section 12.1 - 34 - 02, a sexual violence survivor
must be afforded the following rights.
a.The right to consult with a sexual assault victim advocate during any forensic
medical examination, unless the advocate is not available in a timely manner. A
survivor's:
Page No. 1 25.1369.02002
ENGROSSED SENATE BILL NO. 2387
FIRST ENGROSSMENT
PROPOSED AMENDMENTS TO
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20 Sixty-ninth
Legislative Assembly
(1)Communication with a sexual assault victim advocate is privileged, unless
waived by the survivor; and
(2)Waiver of the right to a sexual assault victim advocate is privileged.
b.The right to the presence of privately retained counsel when speaking with law
enforcement regarding the alleged assault, unless law enforcement is conducting
a forensic interview with an alleged child victim.
c.The Exc ept as provided by law, the right to access the law enforcement report
prepared for the survivor's case , unless:
(1) The survivor is a minor; or
(2) Providing access would hinder the investigation at no cost .
d.The right to a document prepared by the attorney general explaining the rights of
sexual violence survivors under this section and other relevant law . The rights
document , which must be provided by a medical provider or law enforcement
officer upon initial contact with the survivor.
Page No. 2 25.1369.02002
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