The bill amends sections of the North Dakota Century Code related to criminal trespass, introducing new penalties for unlawful entry and occupancy of residential dwellings. Specifically, it establishes that an individual unlawfully detaining or trespassing on a residential dwelling is guilty of a class C felony for the first offense and a class B felony for any subsequent offenses at the same location. Additionally, the bill outlines various degrees of misdemeanors for entering or remaining in unauthorized places, with specific penalties for repeat offenses within a two-year period. It also provides a framework for peace officers to issue citations for noncriminal offenses related to trespassing, including procedures for bond posting and hearings.

Furthermore, the definition of "dwelling" is updated to clarify that it encompasses real or residential property, including any building or structure intended for use as a home. This change aims to ensure that the law is clear regarding what constitutes a dwelling in the context of trespass offenses. Overall, the bill seeks to strengthen the legal framework surrounding trespassing and enhance penalties for violations to better protect residential properties.

Statutes affected:
INTRODUCED: 12.1-22-03
Prepared by the Legislative Council staff for Representative Klemin: 12.1-22-03, 12.1-22-06
FIRST ENGROSSMENT: 12.1-22-03, 12.1-22-06
Prepared by the Legislative Council staff for Senator Braunberger: 12.1-22-03, 12.1-22-06
Enrollment: 12.1-22-03, 12.1-22-06