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, without a warrant, if there is probable cause to believe the individual is subject to such a warrant. The bill specifies that arrests are only authorized for crimes punishable as misdemeanors under tribal law.

Significantly, the bill introduces provisions that allow 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 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. If the individual does not waive their right to a judicial appearance, they must be brought before a district judge without unnecessary delay. The district judge is then required to issue an order for continued custody based on the tribal arrest warrant or probable cause if the arrest was made without a warrant.

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