23.8013.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2107
of North Dakota
Introduced by
Judiciary Committee
(At the request of the Attorney General)
1 A BILL for an Act to create and enact sections 12.1-17-14 and 62.1-02-15 of the North Dakota
2 Century Code, relating to shooting offenses and drug trafficking; to amend and reenact sections
3 12.1-08-02, 12.1-17-01, 12.1-32-07.4, 39-10-71, and 62.1-02-01of the North Dakota Century
4 Code, relating to sentences for crimes committed with firearms and for fleeing law enforcement;
5 to repeal section 12.1-23-02.1 of the North Dakota Century Code, relating to mandatory prison
6 terms for certain offenses; and to provide a penalty.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Section 12.1-08-02 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 12.1-08-02. Preventing arrest or discharge of other duties.
11 1. A person is guilty of a class A misdemeanor if, with intent to prevent a public servant
12 from effecting an arrest of himself or another for a misdemeanor or infraction, or from
13 discharging any other official duty, he creates a substantial risk of bodily injury to the
14 public servant or to anyone except himself, or employs means justifying or requiring
15 substantial force to overcome resistance to effecting the arrest or the discharge of the
16 duty. A person is guilty of a class C felony if, with intent to prevent a public servant
17 from effecting an arrest of himself or another for a class A, B, or C felony, he creates a
18 substantial risk of bodily injury to the public servant or to anyone except himself, or
19 employs means justifying or requiring substantial force to overcome resistance to
20 effecting such an arrest.
21 2. It is a defense to a prosecution under this section that the public servant was not
22 acting lawfully, but it is no defense that the defendant mistakenly believed that the
23 public servant was not acting lawfully. A public servant executing a warrant or other
24 process in good faith and under color of law shall be deemed to be acting lawfully.
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1 3. A conviction under this section carries a presumption of a jail sentence of at least
2 fourteen days and, if there is an underlying conviction, the presumed jail sentence
3 must be consecutive to any jail sentence for the underlying conviction. If the
4 sentencing court does not impose a term of imprisonment, the court shall justify the
5 reason for a departure from the presumptive jail sentence within the judgment.
6 SECTION 2. AMENDMENT. Section 12.1-17-01 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 12.1-17-01. Simple assault.
9 1. A person is guilty of an offense if that person:
10 a. Willfully causes bodily injury to another human being; or
11 b. Negligently causes bodily injury to another human being by means of a firearm,
12 destructive device, or other weapon, the use of which against a human being is
13 likely to cause death or serious bodily injury.
14 2. The offense is:
15 a. A class C felony when the victim is a peace officer or correctional institution
16 employee acting in an official capacity, which the actor knows to be a fact; an
17 employee of the state hospital acting in the course and scope of employment,
18 which the actor knows to be a fact, and the actor is an individual committed to or
19 detained at the state hospital pursuant to chapter 25-03.3; a person engaged in a
20 judicial proceeding; or a member of a municipal or volunteer fire department or
21 emergency medical services personnel unit or emergency department worker in
22 the performance of the member's duties.
23 b. A class B misdemeanor except as provided in subdivision a.
24 3. A conviction under subdivision a of subsection 2 of this section carries a presumption
25 of a jail sentence of at least thirty days and if there is an underlying conviction the
26 presumption must be consecutive to any jail sentence for the underlying conviction. If
27 the sentencing court does not impose a term of imprisonment, the court shall justify
28 the reasoning for a departure from the presumptive jail sentence within the judgment.
29 SECTION 3. Section 12.1-17-14 of the North Dakota Century Code is created and enacted
30 as follows:
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1 12.1-17-14. Shooting at inhabited dwelling or camper; or occupied structure, vehicle,
2 or aircraft - Penalty.
3 Any person who willfully discharges a firearm at an inhabited dwelling, occupied structure,
4 occupied motor vehicle, occupied aircraft, or inhabited camper is guilty of a class B felony. As
5 used in this section, "inhabited" means currently used for dwelling purposes, whether occupied
6 or not.
7 SECTION 4. AMENDMENT. Section 12.1-32-07.4 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 12.1-32-07.4. Presumptive probation.
10 1. The sentencing court shall sentence an individual who has pled guilty to, or has been
11 found guilty of, a class C felony offense or class A misdemeanor offense to a term of
12 probation at the time of initial sentencing, except for an offense involving domestic
13 violence; an offense subject to registration under section 12.1-32-15; an offense
14 involving a firearm or dangerous weapon, explosive, or incendiary device; an offense
15 in violation of 12.1-08-02, subdivision a of subsection 2 of section 12.1-17-01, or
16 39-10-71; or if a mandatory term of incarceration is required by law.
17 2. The sentencing court may impose a sentence of imprisonment if the sentencing court
18 finds there are aggravating factors present to justify a departure from presumptive
19 probation. Aggravating factors include:
20 a. That the individual has plead guilty to, or has been found guilty of, a felony
21 offense or class A misdemeanor offense prior to the date of the commission of
22 the offense or offenses charged in the complaint, information, or indictment;
23 b. The age and vulnerability of the victim, whether the individual was in a position of
24 responsibility or trust over the victim, or whether the individual abused a public
25 position of responsibility or trust; or
26 c. If the individual used threats or coercion in the commission of the offense.
27 3. This section does not preclude the sentencing court from deferring imposition of
28 sentence in accordance with subsection 4 of section 12.1-32-02 or sentencing an
29 individual to a term of incarceration with credit for time spent in custody if execution of
30 the sentence is suspended.
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1 SECTION 5. AMENDMENT. Section 39-10-71 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 39-10-71. Fleeing or attempting to elude a peace officer - Penalty.
4 1. A driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a stop, or
5 who otherwise flees or attempts to elude, in any manner, a pursuing police vehicle or
6 peace officer, when given a visual or audible signal to bring the vehicle to a stop, is
7 guilty of a:
8 a. Class A misdemeanor for a first offense and a class C felony for a subsequent
9 offense within three years;
10 b. Class C felony if the driver violates this section while willfully fleeing during or
11 after the commission of a felony; or
12 c. Class C felony if, at any time during the flight or pursuit, the driver willfully
13 operates the vehicle in a manner constituting an inherent risk of death or serious
14 bodily injury to a third person.
15 2. A signal complies with this section if the signal is perceptible to the driver and:
16 a. If given from a vehicle, the signal is given by hand, voice, emergency light, or
17 siren, and the stopping vehicle is appropriately marked showing it to be an official
18 police vehicle; or
19 b. If not given from a vehicle, the signal is given by hand, voice, emergency light, or
20 siren, and the officer is in uniform or prominently displays the officer's badge of
21 office.
22 3. A conviction under this section carries a presumption of a jail sentence of at least thirty
23 days and, if there is an underlying conviction, the presumed jail sentence must be
24 consecutive to any jail sentence for the underlying conviction. If the sentencing court
25 does not impose a term of imprisonment, the court shall justify the reason for a
26 departure from the presumptive jail sentence within the judgment.
27 SECTION 6. AMENDMENT. Section 62.1-02-01 of the North Dakota Century Code is
28 amended and reenacted as follows:
29 62.1-02-01. Persons who are not to possess firearms - Penalty.
30 1. a. A person who has been convicted anywhere of a felony offense involving
31 violence or intimidation in violation of chapters 12.1-16 through 12.1-25 or an
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1 equivalent felony offense of another state or the federal government is prohibited
2 from owning a firearm or having one in possession or under control from the date
3 of conviction and continuing for a period of ten years after the date of conviction
4 or the date of release from incarceration, parole, or probation, whichever is latest.
5 b. A person who has been convicted anywhere of a felony offense of this or another
6 state or the federal government not provided for in subdivision a or who has been
7 convicted of a class A misdemeanor offense involving violence or intimidation in
8 violation of chapters 12.1-16 through 12.1-25 or an equivalent offense of another
9 state or the federal government and the offense was committed while using or
10 possessing a firearm, a dangerous weapon, or, as defined in section 12.1-01-04,
11 a destructive device or an explosive, is prohibited from owning a firearm or
12 having one in possession or under control from the date of conviction and
13 continuing for a period of five years after the date of conviction or the date of
14 release from incarceration, parole, or probation, whichever is latest.
15 c. A person who is or has ever been diagnosed and confined or committed to a
16 hospital or other institution in this state or elsewhere by a court of competent
17 jurisdiction, other than a person who has had the petition that provided the basis
18 for the diagnosis, confinement, or commitment dismissed under section
19 25-03.1-17, 25-03.1-18, or 25-03.1-19, or equivalent statutes of another
20 jurisdiction, as a person requiring treatment as defined in section 25-03.1-02, or
21 as a mentally deficient individual, is prohibited from purchasing a firearm or
22 having one in possession or under control. This limitation does not apply to a
23 person who has not suffered from the disability for the previous three years or
24 who has successfully petitioned for relief under section 62.1-02-01.2.
25 d. A person under the age of eighteen years may not possess a handgun except
26 that such a person, while under the direct supervision of an adult, may possess a
27 handgun for the purposes of firearm safety training, target shooting, or hunting.
28 e. A person who is a fugitive from justice.
29 f. A person who is an unlawful user of or addicted to any controlled substance as
30 defined in sections 19-03.1-05, 19-03.1-07, 19-03.1-09, or 19-03.1-11.
31 g. A person who, being an alien, is illegally or unlawfully in the United States.
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1 h. A person who has been convicted in any court of a misdemeanor crime of
2 domestic violence.
3 i. A person who has been discharged from the armed forces under dishonorable
4 conditions.
5 j. A person who is subject to a court order that:
6 (1) Was issued after a hearing of which such person received actual notice, and
7 at which such person had an opportunity to participate;
8 (2) Restrains the person from harassing, stalking, or threatening an intimate
9 partner of the person or child of the intimate partner or person, or engaging
10 in other conduct that would place an intimate partner in reasonable fear of
11 bodily injury to the partner or child; and
12 (3) (a) Includes a finding the person represents a credible threat to the
13 physical safety of the intimate partner or child; or
14 (b) By its terms explicitly prohibits the use, attempted use, or threatened
15 use of physical force against the intimate partner or child that would
16 reasonably be expected to cause bodily injury.
17 2. A person who violates subdivisionsubdivisions a or, b, e, f, g, h, i, or j of subsection 1
18 is guilty of a class C felony, and a person who violates subdivision c or d is guilty of a
19 class A misdemeanor.
20 3. A person who violates subdivision a or b of subsection 1 and has three or more prior
21 convictions on separate occasions under any provisions in chapter 12.1-16, 12.1-17,
22 12.1-18, 12.1-19, 12.1-20, 12.1-21, 12.1-22, 12.1-23, 12.1-24, 12.1-25, or
23 subsection 1 of 19-03.1-23, or a similar offense from another court in North Dakota, a
24 court of record in the United States, or a tribal court, is guilty of a class B felony, and
25 the court shall impose a minimum sentence of five years' imprisonment.
26 2.4. For the purposes of this section, "conviction" means a determination that the person
27 committed one of the above-mentioned crimes upon a verdict of guilt, a plea of guilty,
28 or a plea of nolo contendere even though:
29 a. The court suspended execution of sentence in accordance with subsection 3 of
30 section 12.1-32-02;
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1 b. The court deferred imposition of sentence in accordance with subsection 4 of
2 section 12.1-32-02;
3 c. The court placed the person on probation;
4 d. The person's conviction has been reduced in accordance with subsection 9 of
5 section 12.1-32-02 or section 12.1-32-07.1;
6 e. Sentence dispositions, sentence reductions, or offense determinations equivalent
7 to this section were imposed or granted by a court, board, agency, or law of
8 another state or the federal government; or
9 f. The person committed an offense equivalent to an offense described in
10 subdivision a or b of subsection 1 when that person was subject to juvenile
11 adjudication or proceedings and a determination of a court under chapter 27-20.4
12 or of a court of another state or the federal government was made that the
13 person committed the delinquent act or offense.
14 3.5. A felon who is not sentenced under section 12.1-32-09.1 may possess a rifle that has
15 a barrel sixteen inches [40.72 centimeters] or longer or a shotgun that has a barrel
16 eighteen inches [45.72 centimeters] or longer and which is one of the following:
17 a. A firearm, including any firearm with a matchlock, flintlock, percussion cap, or
18 similar type of ignition system, manufactured before 1899.
19 b. A replica of any firearm described in subdivision a, if the replica is not designed
20 or redesigned for using rimfire or conventional centerfire fixed ammunition or
21 uses rimfire or conventional centerfire fixed ammunition that is no longer
22 manufactured in the United States and which is not readily available in the
23 ordinary channels of commercial trade.
24 c. A muzzleloading rifle or muzzleloading shotgun designed to use black powder or
25 a black powder substitute and which cannot use fixed ammunition.
26 SECTION 7. Section 62.1-02-15 of the North Dakota Century Code is crea