Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2387
(Senators Van Oosting, Myrdal, Paulson)
(Representatives Hoverson, Richter, O'Brien)
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.
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.
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:
(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.Except as provided by law, the right to access the law enforcement report prepared for
the survivor's case 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, which must be provided by a
medical provider or law enforcement officer upon initial contact with the survivor. S. B. NO. 2387 - PAGE 2
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2387.
Senate Vote:Yeas 47 Nays 0 Absent 0
House Vote: Yeas 89 Nays 0 Absent 5
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State