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 waive this condition for defendants on probation for certain misdemeanor offenses, specifically those outlined in sections 12.1-17-01, 12.1-17-01.1, 12.1-17-01.2, 12.1-17-05, or 12.1-17-07.1, or chapter 14-07.1. Additionally, the bill clarifies that the court may not prohibit firearm possession for any other misdemeanor offense or infraction while on probation.

Furthermore, the bill maintains the requirement that defendants may not willfully defraud a urine test as a condition of probation and outlines various community constraints and conditions that may be imposed to avoid revocation of probation. These conditions include community service, day reporting, curfews, home confinement, electronic monitoring, and participation in sobriety programs, among others. The provisions of this Act will apply to any sentence to probation or any sentence including a period of probation imposed after the effective date of the Act.

Statutes affected:
INTRODUCED: 12.1-32-07