23.0784.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1280
of North Dakota
Introduced by
Representatives Roers Jones, Bahl, Ista, Klemin, Satrom, Schneider
Senators Hogue, Larson, Sickler
1 A BILL for an Act to create and enact a new subsection to section 39-06.1-11 and sections
2 39-06-36.1 and 54-12-27.1 of the North Dakota Century Code, relating to temporary restricted
3 licenses, restoration of revoked or suspended licenses upon successful completion of drug
4 court, and partial suspension of twenty-four seven sobriety program for drug court program
5 participants; to amend and reenact subsections 3 and 7 of section 39-06.1-11 of the North
6 Dakota Century Code, relating to temporary restricted licenses; and to declare an emergency.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. Section 39-06-36.1 of the North Dakota Century Code is created and enacted
9 as follows:
10 39-06-36.1. Restoration of revoked or suspended licenses upon successful
11 completion of drug court.
12 Upon an individual's successful completion of an approved adult drug court program, if
13 ordered by the district court, the director shall reinstate the driving privileges of the individual for
14 any suspension or revocation imposed under law. A reinstatement fee is not required for
15 reinstatement of driving privileges under this section.
16 SECTION 2. AMENDMENT. Subsection 3 of section 39-06.1-11 of the North Dakota
17 Century Code is amended and reenacted as follows:
18 3. AFor any suspension or revocation imposed under the law, the director shall issue a
19 temporary restricted license must be issued in accordance with subsection 7 if the
20 offender is participating in and compliant with the twenty-four seven sobriety program
21 under chapter 54-12 or if the offender has not committed an offense for a period of
22 one year before the date of the filing of a written application. The application must be
23 accompanied by:
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Sixty-eighth
Legislative Assembly
1 a. Proof of financial responsibility and a report from an appropriate licensed
2 addiction treatment program and, if prescribed, proof of compliance with
3 attendance rules in an appropriate licensed addiction treatment program; or
4 b. If the offender is participating in the drug courttwenty-four seven sobriety program
5 or other court-ordered treatment or sobriety program, a recommendation from the
6 district court, proof of program participation.
7 SECTION 3. AMENDMENT. Subsection 7 of section 39-06.1-11 of the North Dakota
8 Century Code is amended and reenacted as follows:
9 7. If an offender has been charged with, or convicted of, a second or subsequent
10 violation of section 39-08-01 or equivalent ordinance, or if the offender's license is
11 subject to suspension under chapter 39-20 and the offender's operator's license is not
12 subject to an unrelated suspension or revocation in this state, the director shall issue a
13 temporary restricted license to the offender upon the restriction the offender participate
14 in the twenty-four seven sobriety program under chapter 54-12. The offender shall
15 submit an application to the director for a temporary restricted license along with
16 submission of proof of financial responsibility and proof of participation in the twenty-
17 four seven sobriety program to receive a temporary restricted license.
18 SECTION 4. A new subsection to section 39-06.1-11 of the North Dakota Century Code is
19 created and enacted as follows:
20 If an offender is participating in an approved drug court program, the court may order
21 issuance of a temporary restricted license. Upon application by the offender, the
22 director shall issue a temporary restricted license to the participant subject to
23 conditions specified by the court.
24 a. The application must be accompanied by proof of financial responsibility, the
25 court's order, and the designated reinstatement fee.
26 b. For purposes of this subsection, "approved drug court program" means a district
27 court-supervised treatment program approved by the supreme court.
28 SECTION 5. Section 54-12-27.1 of the North Dakota Century Code is created and enacted
29 as follows:
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Sixty-eighth
Legislative Assembly
1 54-12-27.1. Partial suspension of twenty-four seven sobriety program for drug court
2 program participants.
3 1. For purposes of this section, "approved drug court program" means a district court-
4 supervised treatment program approved by the supreme court.
5 2. A district court may suspend any ordered period of participation in the twenty-four
6 seven sobriety program, including mandatory participation required by law, for an
7 offender participating in an approved drug court program while under supervised
8 probation with the department of corrections and rehabilitation.
9 3. A district court suspending participation in the twenty-four seven sobriety program
10 shall issue a certificate of waiver of twenty-four seven program participation.
11 4. For purposes of issuance of a temporary restricted operator's license under section
12 39-06.1-11, the director of the department of transportation shall treat a court
13 certificate of waiver of twenty-four seven sobriety program participation as if the
14 offender was participating in the twenty-four seven sobriety program.
15 SECTION 6. EMERGENCY. Sections 1, 2, 3, and 4 of this Act are declared to be an
16 emergency measure.
Page No. 3 23.0784.01000
Statutes affected: INTRODUCED: 39-06.1-11
FIRST ENGROSSMENT: 39-06.1-11
Enrollment: 39-06.1-11