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North Dakota Senate Bill SB2387

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2387 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-SENATE BILL NO. 2387
4-(Senators Van Oosting, Myrdal, Paulson)
5-(Representatives Hoverson, Richter, O'Brien)
6-AN ACT to create and enact a new section to chapter 12.1-34 of the North Dakota Century Code,
7-relating to the rights of sexual violence survivors.
1+25.1369.04000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Senators Van Oosting, Myrdal, Paulson
7+Representatives Hoverson, Richter, O'Brien
8+A BILL for an Act to create and enact a new section to chapter 12.1-34 of the North Dakota
9+Century Code, relating to the rights of sexual violence survivors.
810 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. A new section to chapter 12.1-34 of the North Dakota Century Code is created and
10-enacted as follows:
11+SECTION 1. A new section to chapter 12.1-34 of the North Dakota Century Code is created
12+and enacted as follows:
1113 Sexual violence survivor rights.
1214 1.As used in this section:
13-a."Sexual assault victim advocate" means a victim advocate of a domestic violence sexual
14-assault organization as defined under section 14 - 07.1 - 01, or a victim advocate from a
15-children's advocacy center as defined in section 50 - 25.1 - 02.
16-b."Sexual violence survivor" means an individual who is a victim of a crime defined under
17-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,
18-12.1 - 20 - 06.1, 12.1 - 20 - 07, 12.1 - 20 - 11, or 12.1 - 20 - 12.3.
19-2.In addition to the rights provided under section 12.1 - 34 - 02, a sexual violence survivor must be
20-afforded the following rights.
21-a.The right to consult with a sexual assault victim advocate during any forensic medical
22-examination, unless the advocate is not available in a timely manner. A survivor's:
23-(1)Communication with a sexual assault victim advocate is privileged, unless waived
24-by the survivor; and
15+a."Sexual assault victim advocate" means a victim advocate of a domestic violence
16+sexual assault organization as defined under section 14 - 07.1 - 01, or a victim
17+advocate from a children's advocacy center as defined in 50 - 25.1 - 02 .
18+b."Sexual violence survivor" means an individual who is a victim of a crime defined
19+under section 12.1 - 20 - 03, 12.1 - 20 - 03.1, 12.1 - 20 - 04, 12.1 - 20 - 05, 12.1 - 20 - 05.1,
20+12.1 - 20 - 06, 12.1 - 20 - 06.1, 12.1 - 20 - 07, 12.1 - 20 - 11, or 12.1 - 20 - 12.3 .
21+2.In addition to the rights provided under section 12.1 - 34 - 02, a sexual violence survivor
22+must be afforded the following rights.
23+a.The right to consult with a sexual assault victim advocate during any forensic
24+medical examination, unless the advocate is not available in a timely manner. A
25+survivor's:
26+(1)Communication with a sexual assault victim advocate is privileged, unless
27+waived by the survivor; and
2528 (2)Waiver of the right to a sexual assault victim advocate is privileged.
29+Page No. 1 25.1369.04000
30+ENGROSSED SENATE BILL NO. 2387
31+FIRST ENGROSSMENT
32+with House Amendments
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53+21 Sixty-ninth
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2655 b.The right to the presence of privately retained counsel when speaking with law
27-enforcement regarding the alleged assault, unless law enforcement is conducting a
28-forensic interview with an alleged child victim.
29-c.Except as provided by law, the right to access the law enforcement report prepared for
30-the survivor's case at no cost.
31-d.The right to a document prepared by the attorney general explaining the rights of sexual
32-violence survivors under this section and other relevant law, which must be provided by a
33-medical provider or law enforcement officer upon initial contact with the survivor. S. B. NO. 2387 - PAGE 2
34-____________________________ ____________________________
35-President of the Senate Speaker of the House
36-____________________________ ____________________________
37-Secretary of the Senate Chief Clerk of the House
38-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
39-Dakota and is known on the records of that body as Senate Bill No. 2387.
40-Senate Vote:Yeas 47 Nays 0 Absent 0
41-House Vote: Yeas 89 Nays 0 Absent 5
42-____________________________
43-Secretary of the Senate
44-Received by the Governor at ________M. on _____________________________________, 2025.
45-Approved at ________M. on __________________________________________________, 2025.
46-____________________________
47-Governor
48-Filed in this office this ___________day of _______________________________________, 2025,
49-at ________ o’clock ________M.
50-____________________________
51-Secretary of State
56+enforcement regarding the alleged assault, unless law enforcement is conducting
57+a forensic interview with an alleged child victim.
58+c.Except as provided by law, the right to access the law enforcement report
59+prepared for the survivor's case at no cost.
60+d.The right to a document prepared by the attorney general explaining the rights of
61+sexual violence survivors under this section and other relevant law , which must
62+be provided by a medical provider or law enforcement officer upon initial contact
63+with the survivor.
64+Page No. 2 25.1369.04000
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