Bill Summary – FastDemocracy

0570.01000
     Sixty-eighth
     Legislative Assembly                    HOUSE BILL NO. 1350
     of North Dakota
     Introduced by
       Representatives Koppelman, Christensen, Kasper, Rios, Roers Jones, Vetter
       Senators Luick, Paulson
  A BILL for an Act to amend and reenact sections 12.1-01-04, 12.1-32-02.1, and 62.1-01-01,
  subsection 1 of section 62.1-02-01, and section 62.1-02-01.1 of the North Dakota Century
  Code, relating to criminal code definitions, weapons definitions, mandatory prison terms for
  armed offenders, persons who are not to possess firearms, and restoration of rights to possess
  a firearm; and to provide a penalty.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 12.1-01-04 of the North Dakota Century Code is
  amended and reenacted as follows:
      12.1-01-04. General definitions.
     As used in this title, unless a different meaning plainly is required:
     1.   "Act" or "action" means a bodily movement, whether voluntary or involuntary.
     2.   "Acted", "acts", and "actions" include, where relevant, "omitted to act" and "omissions
          to act".
     3.   "Actor" includes, where relevant, a person guilty of an omission.
     4.   "Bodily injury" means any impairment of physical condition, including physical pain.
     5.   "Court" means any of the following courts: the supreme court, a district court, and
          where relevant, a municipal court.
     6.   "Dangerous weapon" includes any switchblade or gravity knife, machete, scimitar,
          stiletto, sword, or dagger; any billy, blackjack, sap, bludgeon, cudgel, metal knuckles,
          or sand club; any slingshot; any bow and arrow, crossbow, or spear; any weapon that
          will expel, or is readily capable of expelling, a projectile by the action of a spring,
          compressed air, or compressed gas including any such weapon, loaded or unloaded,
          commonly referred to as a BB gun, air rifle, or CO2 gun; and any projector of a bomb
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           or any object containing or capable of producing and emitting any noxious liquid, gas,
           or substance.
      7.   "Destructive device" means any explosive, incendiary or poison gas bomb, grenade,
           mine, rocket, missile, or similar device.
      8.   "Explosive" means gunpowders, powders used for blasting, all forms of high
           explosives, blasting materials, fuses (other than electric circuit breakers), detonators
           and other detonating agents, smokeless powders, and any chemical compounds,
           mechanical mixture, or other ingredients in such proportions, quantities, or packing
           that ignition by fire, by friction, by concussion, by percussion, or by detonation of the
          compound, or material, or any part thereof may cause an explosion.
     9.   "Firearm" means any weapon that will expel, or is readily capable of expelling, a
          projectile by the action of an explosive and includes any such weapon, loaded or
          unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun,
          bazooka, or cannon.
    10.   "Force" means physical action.
    11.   "Government" means:
          a.   The government of this state or any political subdivision of this state;
          b.   Any agency, subdivision, or department of the state or any political subdivision of
               the state, including the executive, legislative, and judicial branches;
          c.   Any corporation or other entity established by law to carry on any governmental
               function; and
          d.   Any commission, corporation, or agency established by statute, compact, or
               contract between or among governments for the execution of intergovernmental
               programs.
    12.   "Governmental function" includes any activity that one or more public servants are
          legally authorized to undertake on behalf of government.
    13.   "Harm" means loss, disadvantage, or injury to the person affected, and includes loss,
          disadvantage, or injury to any other person in whose welfare the person affected is
          interested.
    14.   "Included offense" means an offense:
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           a.   That is established by proof of the same or less than all the facts required to
                establish commission of the offense charged;
           b.   That consists of criminal facilitation of or an attempt or solicitation to commit the
                offense charged; or
           c.   That differed from the offense charged only in that it constitutes a less serious
                harm or risk of harm to the same person, property, or public interest, or because
                a lesser degree of culpability suffices to establish its commission.
     15.   "Includes" should be read as if the phrase "but is not limited to" were also set forth.
     16.   "Law enforcement officer" or "peace officer" means a public servant authorized by law
          or by a government agency or branch to enforce the law and to conduct or engage in
          investigations or prosecutions for violations of law.
    17.   "Local" means of or pertaining to any political subdivision of the state.
    18.   "Manifest injustice" means a specific finding by the court that the imposition of
          sentence is unreasonably harsh or shocking to the conscience of a reasonable
          individual, with due consideration of the totality of circumstances.
    19.   "Offense" means conduct for which a term of imprisonment or a fine is authorized by
          statute after conviction.
    20.   "Official action" includes a decision, opinion, recommendation, vote, or other exercise
          of discretion by any government agency.
    21.   "Official proceeding" means a proceeding heard or which may be heard before any
          government agency or branch or public servant authorized to take evidence under
          oath, including any referee, hearing examiner, commissioner, notary, or other person
          taking testimony or a deposition in connection with any such proceeding.
    22.   "Omission" means a failure to act.
    23.   As used in this title and in sections outside this title which define offenses, "person"
          includes, where relevant, a corporation, limited liability company, partnership,
          unincorporated association, or other legal entity. When used to designate a party
          whose property may be the subject of action constituting an offense, the word "person"
          includes a government that may lawfully own property in this state.
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     24.   "Political subdivision" as used in this title and in any statute outside this title which
           defines an offense means a county, city, school district, township, and any other local
           governmental entity created by law.
     25.   "Possesses" means an individual has:
           a.   Direct physical control of something on or around the individual's person; or
           b.   The power and intention to exercise control over something accessible to but not
                on or around the individual's person.
     26.   "Public servant" as used in this title and in any statute outside this title which defines
           an offense means any officer or employee of government, including law enforcement
          officers, whether elected or appointed, and any person participating in the
          performance of a governmental function. The term does not include witnesses.
 26.27.   "Risk assessment" means an initial phase with a secondary process approved by the
          department of health and human services for the evaluation of the likelihood a person
          that committed an offense will commit another similar offense. The initial phase is an
          assessment tool that is administered by a trained probation and parole officer. A
          predetermined score on the initial phase initiates the secondary process that includes
          a clinical interview, psychological testing, and verification through collateral information
          or psychophysiological testing, or both. The department of health and human services
          shall perform the secondary process of the risk assessment.
 27.28.   "Serious bodily injury" means bodily injury that creates a substantial risk of death or
          which causes serious permanent disfigurement, unconsciousness, extreme pain,
          permanent loss or impairment of the function of any bodily member or organ, a bone
          fracture, or impediment of air flow or blood flow to the brain or lungs.
 28.29.   "Signature" includes any name, mark, or sign written or affixed with intent to
          authenticate any instrument or writing.
 29.30.   "Substantial bodily injury" means a substantial temporary disfigurement, loss, or
          impairment of the function of any bodily member or organ.
 30.31.   "Thing of value" or "thing of pecuniary value" means a thing of value in the form of
          money, tangible or intangible property, commercial interests, or anything else the
          primary significance of which is economic gain to the recipient.
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  31.32.   "Tier 1 mental health professional" has the same meaning as provided under section
           25-01-01.
     SECTION 2. AMENDMENT. Section 12.1-32-02.1 of the North Dakota Century Code is
  amended and reenacted as follows:
     12.1-32-02.1. Mandatory prison terms for armed offenders.
      1.   Notwithstanding any other provision of this title, a term of imprisonment must be
           imposed upon an offender and served without benefit of parole when:
           a.   In the course of committing an offense, the offender inflicts or attempts to inflict
                bodily injury upon another, threatens or menaces another with imminent bodily
               injury with a dangerous weapon, explosive, destructive device, or firearm; or
          b.   TheAn offender prohibited from possessing a firearm under section 62.1-02-01
               possesses or has within immediate reach and control a dangerous weapon,
               explosive, destructive device, or firearm while in the course of committing any
               felony offense under subsection 1, 3, or 7 of section 19-03.1-23.
     2.   This requirement applies only when possession of a dangerous weapon, explosive,
          destructive device, or firearm has been charged and admitted or found to be true in
          the manner provided by law, and must be imposed as follows:
          a.   If the offense for which the offender is convicted is a class AA, class A, or class B
               felony, the court shall impose a minimum sentence of four years' imprisonment.
          b.   If the offense for which the offender is convicted is a class C felony, the court
               shall impose a minimum sentence of two years' imprisonment.
     3.   This section applies even when being armed is an element of the offense for which the
          offender is convicted.
     4.   This section applies even if the offender is prosecuted for a violation of section
          62.1-02-01 for the same conduct.
     5.   An offender serving a sentence subject to this section may be eligible to participate in
          a release program under section 12-48.1-02 during the last six months of the
          offender's sentence.
    SECTION 3. AMENDMENT. Section 62.1-01-01 of the North Dakota Century Code is
 amended and reenacted as follows:
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     62.1-01-01. General definitions.
     As used in this title, unless the context otherwise requires:
      1.   "Dangerous weapon" includes any switchblade or gravity knife, machete, scimitar,
           stiletto, sword, dagger, or knife with a blade of five inches [12.7 centimeters] or more;
           any throwing star, nunchaku, or other martial arts weapon; any billy, blackjack, sap,
           bludgeon, cudgel, metal knuckles, or sand club; any slungshot; any bow and arrow,
           crossbow, or spear; any weapon that will expel, or is readily capable of expelling, a
           projectile by the action of a spring, compressed air, or compressed gas, including any
           such weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2
          gun; and any projector of a bomb or any object containing or capable of producing and
          emitting any noxious liquid, gas, or substance. "Dangerous weapon" does not include
          a spray or aerosol containing CS, also known as ortho-chlorobenzamalonitrile; CN,
          also known as alpha-chloroacetophenone; or other irritating agent intended for use in
          the defense of an individual, nor does the term include a device that uses voltage for
          the defense of an individual, unless the device uses a projectile and voltage or the
          device uses a projectile and may be used to apply multiple applications of voltage
          during a single incident, then the term includes the device for an individual who is
          prohibited from possessing a firearm under this title.
     2.   "Direct supervision of an adult" means that an adult is present in such close proximity
          so as to be capable of observing and directing the actions of the individual supervised.
     3.   "Firearm" or "weapon" means any device that expels or is readily capable of expelling
          a projectile by the action of an explosive and includes any such device, loaded or
          unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun,
          bazooka, or cannon.
     4.   "Gaming site" means any room or premises licensed by the attorney general or by a
          city or county governing body to conduct legal gaming operations.
     5.   "Government building" means a building which is owned, possessed, or used by or
          leased to the state of North Dakota, or any of its political subdivisions.
     6.   "Handgun" means any firearm that is not designed to be fired from the shoulder, which
          has a barrel less than sixteen inches [40.64 centimeters] long, and which is capable of
          firing, by the energy of an explosive in a fixed metallic cartridge, an exposed projectile
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           through a rifled bore. The term includes all firearms that are designed to be readily
           modified between rifle and pistol forms, if in compliance with the National Firearms Act
           [26 U.S.C. 5801-5872].
      7.   "Law enforcement officer" means:
           a.   A public servant authorized by law or by a government agency or branch to
                enforce the law and to conduct or engage in investigations or prosecutions for
                violations of law; or
           b.   A retired public servant in good standing who:
                (1)   Was authorized by law or by a government agency or branch for at least ten
                     years to enforce the law and to conduct or engage in investigations or
                     prosecutions for violations of law or who was separated from service due to
                     a service-related physical disability;
               (2)   Maintains the same level of firearms proficiency as is required by the peace
                     officers standards and training board for law enforcement officers, maintains
                     the standards for qualifications in firearms training for active law
                     enforcement officers as determined by the former agency of the individual in
                     the state in which the individual resides, or maintains the standards used by
                     a certified firearms instructor qualified to conduct a firearms qualification test
                     for active duty officers in the state in which the individual resides;
               (3)   Has a photo identification card issued by a local law enforcement agency
                     which identifies the individual as having been employed by a government
                     agency or branch as a law enforcement officer and indicates the individual
                     has passed the firearms proficiency test within twelve months from the date
                     of issue; and
               (4)   Has not been found by a qualified medical professional to be unqualified for
                     reasons relating to mental health or entered an agreement with a
                     government agency or branch in which the public servant acknowledges a
                     lack of qualifications for reasons relating to the mental health of the public
                     servant.
     8.   "Machine gun, submachine gun, or fully automatic rifle" means a firearm, mechanism,
          or instrument not requiring that the trigger be pressed for each shot, and having a
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