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 one if there is probable cause. The bill specifies that arrests can only be made for crimes classified as misdemeanors under tribal law.
Additionally, the bill introduces a process for the arrested person to waive their right to appear before a judge and consent to transfer custody to the 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 counsel. If the individual does not waive their right to a judge, they must be brought before a district judge without unnecessary delay. The bill also outlines the conditions under which a district judge may continue custody based on the tribal arrest warrant or probable cause.
Statutes affected: PREFILED: 29-06.1-02
Enrollment: 29-06.1-02
INTRODUCED: 29-06.1-02