This bill amends subsection 3 of section 12.1-32-07 of the North Dakota Century Code regarding the conditions of probation related to firearm possession. The legislation removes the blanket prohibition on firearm possession for all probationers, allowing the court to permit possession for certain misdemeanor offenses, specifically those that do not involve violence or threats of violence. Additionally, the bill clarifies that defendants cannot be prohibited from possessing firearms for infractions. The previous language that allowed the court to waive the firearm prohibition under specific conditions for misdemeanor offenses has been deleted.

Furthermore, the bill maintains the requirement that defendants on probation must not willfully defraud urine tests and outlines various community constraints and conditions that may be imposed as part of probation. These conditions include community service, electronic monitoring, and participation in sobriety programs, among others. The bill specifies that these changes apply to any probation sentences imposed after the effective date of the Act.

Statutes affected:
INTRODUCED: 12.1-32-07
Prepared by the Legislative Council staff for Representative Koppelman: 12.1-32-07
FIRST ENGROSSMENT: 12.1-32-07