The bill amends sections 12.1-17-03 and 12.1-32-09 of the North Dakota Century Code, focusing on reckless endangerment and the classification of habitual offenders. In the definition of reckless endangerment, the term "person" is replaced with "individual," and the classification of the offense is clarified: it becomes a class B felony if a firearm is used, or a class C felony if the individual's actions demonstrate extreme indifference to human life, otherwise remaining a class A misdemeanor. The bill also specifies that risk exists if there is potential harm, regardless of whether a person's safety is actually threatened.
Additionally, the bill revises the criteria for classifying offenders as dangerous special offenders or habitual offenders. It removes the requirement that prior felony convictions must be of class C or above, instead allowing for any felony conviction that meets certain criteria. The bill outlines the process for imposing extended sentences based on the classification of the offense, with maximum sentences specified for class A, B, and C felonies. It also establishes procedures for notifying the court of a defendant's status as a dangerous special or habitual offender, ensuring that such information is not disclosed to the jury before a verdict is reached.
Statutes affected: INTRODUCED: 12.1-17-03, 12.1-32-09
Adopted by the House Judiciary Committee: 12.1-17-03, 12.1-32-09
FIRST ENGROSSMENT: 12.1-17-03, 12.1-32-09
Prepared by the Legislative Council staff for Senator Myrdal: 12.1-17-03, 12.1-32-09
Enrollment: 12.1-17-03, 12.1-32-09