23.0958.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1537
of North Dakota
Introduced by
Representatives Schneider, Boschee, Conmy, Dakane, Davis, Dobervich, Finley-DeVille,
Hanson
Senators Braunberger, Mathern, Piepkorn
1 A BILL for an Act to create and enact a new section to chapter 54-12 of the North Dakota
2 Century Code, relating to the data collection and reporting of bias crimes; to amend and reenact
3 sections 12-63-04, 12.1-17-02, 12.1-17-07, and 12.1-21-05 of the North Dakota Century Code,
4 relating to the duty of the peace officer standards and training board to provide training on bias
5 crimes, aggravated assault, harassment, and criminal mischief; to provide for a report to the
6 legislative management; and to provide a penalty.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Section 12-63-04 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 12-63-04. Board - Powers - Duties - Authority.
11 The board shall administer, coordinate, and enforce the provisions of this chapter, evaluate
12 the qualifications of applicants, and approve the examinations for licensing under this chapter.
13 1. The board shall:
14 a. Prescribe the criteria for certification of basic, advanced, and specialized peace
15 officer training curriculum, instructors, and schools;
16 b. Certify curriculum, instructors, schools, and officers that have met the training
17 certification criteria;
18 c. Establish the curriculum for basic and advanced peace officer training, including
19 a course of instruction, and ongoing training in identifying and responding to bias
20 crimes; and
21 d. Prescribe minimum standards of sidearm training and certification for peace
22 officers before they may carry a sidearm.
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1 2. The board shall keep records and minutes necessary to carry out its functions. The
2 board may:
3 a. Issue subpoenas, examine witnesses, administer oaths, and investigate
4 allegations of practices violating the provisions of this chapter or rules adopted by
5 the board.
6 b. Examine, under oath, any applicant for licensing.
7 c. Examine, under oath, any licensed peace officer during a hearing to suspend,
8 revoke, or to not renew a license of a peace officer.
9 d. Adopt rules relating to the professional conduct of peace officers and to
10 implement the requirements of this chapter, including rules relating to
11 professional licensure, continuing education, and ethical standards of practice,
12 for persons holding a license to practice peace officer duties.
13 3. The board shall provide refresher training to all licensed peace officers every
14 two years in identifying and responding to bias crimes.
15 a. The course of instruction and ongoing training in identifying and responding to
16 bias crimes established under subdivision c of subsection 1 must:
17 (1) Include material to help peace officers distinguish a bias crime from any
18 other crime;
19 (2) Help peace officers understand and assist a victim of a bias crime; and
20 (3) Ensure a bias crime is accurately reported as required under section 5 of
21 this Act.
22 b. The board shall update the course periodically as necessary.
23 c. As used in this subsection, "bias crime" has the same meaning as in section 5 of
24 this Act.
25 4. The board shall adopt rules relating to the professional conduct of licensed peace
26 officers involved in confidential informant agreements under chapter 29-29.5, and shall
27 receive complaints and make determinations if an officer's conduct violated the
28 protections provided in chapter 29-29.5. Annually, the board shall conduct an audit
29 evaluating the effectiveness of confidential informant training requirements.
30 4.5. The board shall establish penalties and enforce violations of protections provided in
31 chapter 29-29.5. The penalties established must be formulated based on the nature,
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1 severity, gravity, and recurrence of violations. The board may deny, suspend, or
2 revoke a license or may impose probationary conditions, including remedial training.
3 5.6. The board may issue certifications indicating whether law enforcement agencies
4 comply with requirements for grant funding purposes.
5 SECTION 2. AMENDMENT. Section 12.1-17-02 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 12.1-17-02. Aggravated assault.
8 1. Except as provided in subsection 2, a person is guilty of a class C felony if that person:
9 a. Willfully causes serious bodily injury to another human being;
10 b. Knowingly causes bodily injury or substantial bodily injury to another human
11 being with a dangerous weapon or other weapon, the possession of which under
12 the circumstances indicates an intent or readiness to inflict serious bodily injury;
13 c. Causes bodily injury or substantial bodily injury to another human being while
14 attempting to inflict serious bodily injury on any human being; or
15 d. Fires a firearm or hurls a destructive device at another human being; or
16 e. Causes bodily injury to another human because of the victim's actual or
17 perceived race, color, religion, gender, disability, sexual orientation, gender
18 identity, national origin, or ancestry.
19 2. The person is guilty of a class B felony if the person violates subsection 1 and the
20 victim:
21 a. Is under twelve years of age;
22 b. Is a peace officer or correctional institution employee acting in an official capacity,
23 which the actor knows to be a fact; or
24 c. Suffers permanent loss or impairment of the function of a bodily member or
25 organ.
26 SECTION 3. AMENDMENT. Section 12.1-17-07 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 12.1-17-07. Harassment.
29 1. A person is guilty of an offense if, with intent to frighten or harass another, the person:
30 a. Communicates in writing or by electronic communication a threat to inflict injury
31 on any person, to any person's reputation, or to any property;
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1 b. Makes a telephone call anonymously or in offensively coarse language;
2 c. Makes repeated telephone calls or other electronic communication, whether or
3 not a conversation ensues, with no purpose of legitimate communication; or
4 d. Communicates a falsehood in writing or by electronic communication and causes
5 mental anguish; or
6 e. Commits an offense in violation of subdivisions a, b, c, or d in whole or in part on
7 the basis of actual or perceived race, color, religion, gender, disability, sexual
8 orientation, gender identity, national origin, or ancestry.
9 2. The offense is a class A misdemeanor if it is under subdivision a of subsection 1 or
10 subsection 4. Otherwise it is a class B misdemeanor.
11 3. Any offense defined herein and committed by use of electronic communication may be
12 deemed to have been committed at either the place at which the electronic
13 communication was made or at the place where the electronic communication was
14 received.
15 4. A person is guilty of an offense if the person initiates communication with a
16 911 emergency line, public safety answering point, or an emergency responder
17 communication system with the intent to annoy or harass another person or a public
18 safety agency or who makes a false report to a public safety agency.
19 a. Intent to annoy or harass is established by proof of one or more calls with no
20 legitimate emergency purpose.
21 b. Upon conviction of a violation of this subsection, a person is also liable for all
22 costs incurred by any unnecessary emergency response.
23 5. Any offense defined herein is deemed communicated in writing if it is transmitted
24 electronically, by electronic mail, facsimile, or other similar means. Electronic
25 communication means transfer of signs, signals, writing, images, sounds, data, or
26 intelligence of any nature transmitted in whole or in part by a wire, radio,
27 electromagnetic, photo-electronic, or photo-optical system.
28 SECTION 4. AMENDMENT. Section 12.1-21-05 of the North Dakota Century Code is
29 amended and reenacted as follows:
30 12.1-21-05. Criminal mischief.
31 1. A person is guilty of an offense if that person:
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1 a. Willfully tampers with tangible property of another so as to endanger person or
2 property; or
3 b. Willfully damages tangible property of another.
4 2. The offense is:
5 a. A class B felony if the actor intentionally causes pecuniary loss in excess of ten
6 thousand dollars.
7 b. A class C felony if the actor intentionally causes pecuniary loss in excess of two
8 thousand dollars but not in excess of ten thousand dollars or damages tangible
9 property of another by means of an explosive or a destructive device.
10 c. A class A misdemeanor if the actor recklessly causes pecuniary loss in excess of
11 two thousand dollars or if the actor intentionally causes pecuniary loss of from
12 one hundred dollars through two thousand dollars.
13 d. A class A misdemeanor if the actor damages the property in whole or in part
14 because of:
15 (1) The owner's actual or perceived race, color, religion, gender, disability,
16 sexual orientation, gender identity, national origin, or ancestry; or
17 (2) The property's believed association or affiliation with or representation of
18 race, color, religion, gender, disability, sexual orientation, gender identity,
19 national origin, or ancestry.
20 Otherwise the offense is a class B misdemeanor.
21 SECTION 5. A new section to chapter 54-12 of the North Dakota Century Code is created
22 and enacted as follows:
23 Collection of bias crime information - Report.
24 1. As used in this section:
25 a. "Bias crime" means:
26 (1) A criminal act committed against a person or a person's property in whole or
27 in part because of actual or perceived race, color, religion, gender, disability,
28 sexual orientation, gender identity, national origin, or ancestry or which is
29 committed for the purpose of restraining that person from exercising the
30 person's rights under the Constitution or laws of this state or of the United
31 States in whole or in part because of actual or perceived race, color,
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1 religion, gender, disability, sexual orientation, gender identity, national origin,
2 or ancestry;
3 (2) An illegal act directed against any person or any person's property in whole
4 or in part because of the person's actual or perceived race, color, religion,
5 gender, disability, sexual orientation, gender identity, national origin, or
6 ancestry; and
7 (3) All other incidents, as determined by a law enforcement agency, intended to
8 intimidate or harass an individual or group in whole or in part because of
9 actual or perceived race, color, religion, gender, disability, sexual orientation,
10 gender identity, national origin, or ancestry.
11 b. "Law enforcement agency" means a nonfederal public agency authorized by law
12 or by a government agency or branch to enforce the law and to conduct or
13 engage in investigations or prosecutions for violations of law. The term includes a
14 multijurisdictional task force.
15 2. Each law enforcement agency shall collect information on reported bias crimes, bias
16 motivations, and on groups and individuals committing bias crimes.
17 3. Annually, each law enforcement agency shall submit information collected under
18 subsection 2 to the attorney general in a form, time, and manner prescribed by the
19 attorney general.
20 4. The data and reports compiled under this section are public information and not
21 exempt from disclosure but may not contain the name of an individual who:
22 a. Committed or allegedly committed a bias crime; or
23 b. Was the victim or the alleged victim of a bias crime.
24 5. By July first of each year, the attorney general shall submit to the legislative
25 management and the governor a written report summarizing the data from the
26 preceding calendar year including:
27 a. The type of bias crimes occurring in the state;
28 b. The number of bias crimes alleged, prosecuted, and for which a conviction was
29 obtained; and
30 c. Bias crime victim demographics.
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1 6. The attorney general may require the reporting of additional information not specified
2 in this section. The attorney general shall develop standard forms, processes, and
3 deadlines for the biannual submission of bias crime data by law enforcement
4 agencies.
5 7. If a law enforcement agency fails to file a report within thirty days after the report is
6 due, the attorney general may compel compliance by any means until the report is
7 filed.
8 8. Annually the attorney general shall submit to the federal bureau of investigation the
9 statistical data collected under this section regarding the occurrence of bias crimes
10 within the state.
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Statutes affected:
INTRODUCED: 12-63-04, 12.1-17-02, 12.1-17-07, 12.1-21-05
FIRST ENGROSSMENT: 12-63-04