The bill amends section 29-06.1-02 of the North Dakota Century Code to clarify the procedures surrounding tribal arrest warrants. It allows peace officers to arrest individuals based on a tribal arrest warrant or probable cause that such a warrant exists, specifically for crimes punishable as misdemeanors under tribal law. The bill introduces new provisions that enable an arrested person to waive their right to appear before a judge and consent to the transfer of custody to the relevant tribal authority. This waiver must be executed in writing in the presence of a peace officer or correctional officer, and the individual must be informed of their rights, including the name of the tribe that issued the warrant and the right to legal counsel.

Additionally, if the arrested person chooses not to waive their right to appear before a judge, they must be brought before the nearest available district judge without unnecessary delay. The district judge is then required to issue an order for continued custody if a tribal arrest warrant is presented or if there is sufficient evidence of probable cause for the arrest made without a warrant. The bill aims to streamline the process of handling tribal arrests while ensuring that the rights of the arrested individuals are protected.

Statutes affected:
INTRODUCED: 29-06.1-02
PREFILED: 29-06.1-02