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. It establishes that individuals unlawfully detaining or trespassing on a residential dwelling will face a class C felony for the first offense and a class B felony for any subsequent offenses at the same location. Additionally, it outlines that individuals entering or remaining in certain structures without permission may be charged with a class A misdemeanor, while those who ignore posted trespass notices can be charged with a class B misdemeanor for the first offense and a class A misdemeanor for subsequent offenses within two years.
Furthermore, the bill clarifies the definition of "dwelling" to include real or residential property used as a home or residence. It also provides a framework for peace officers to issue citations for noncriminal offenses related to trespassing, including procedures for bond posting and hearings. The amendments aim to enhance the enforcement of trespass laws while ensuring that individuals are informed of their rights and the consequences of their actions.
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