The proposed amendments to the North Dakota Century Code aim to revise the definitions and penalties associated with reckless endangerment and habitual offenders. In Section 12.1-17-03, the bill changes the terminology from "person" to "individual" and specifies that an individual is guilty of reckless endangerment if they create a substantial risk of serious bodily injury or death to another. The offense is classified as a class B felony if the individual uses a firearm, and it becomes a class C felony if the circumstances demonstrate extreme indifference to human life. Otherwise, it is classified as a class A misdemeanor.

In Section 12.1-32-09, the bill modifies the criteria for classifying an offender as a habitual offender. It removes the requirement that previous felony convictions must be of class C or above and instead states that a habitual offender must have been convicted of two felonies committed at different times as an adult. Additionally, it clarifies that a felony conviction in another state is considered a felony if it is punishable by more than 360 days of imprisonment. The bill also outlines the procedures for imposing extended sentences on dangerous special offenders and habitual offenders, including the need for a hearing to determine the offender's status before sentencing.

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