This bill proposes the creation of Chapter 14-07.7 of the North Dakota Century Code, which focuses on civil protection orders and amends various existing sections related to restraining and protection orders. Key amendments include replacing "restraining orders" with "civil protection orders" in Section 11-15-32 and establishing a registry for these orders in Section 12-60-23. The bill introduces definitions for terms such as "civil protection order," "domestic violence," and "disorderly conduct," while outlining the process for filing petitions for civil protection orders, including provisions for minors and confidentiality measures for protected individuals. It also repeals several existing sections related to sexual assault restraining orders and domestic violence protection orders, streamlining the legal framework surrounding these issues.
Additionally, the bill clarifies the responsibilities of law enforcement in enforcing these orders and includes penalties for violations, classifying a first violation of a civil protection order as a class A misdemeanor and subsequent violations as class C felonies. It mandates that respondents surrender firearms or dangerous weapons if there is probable cause for further acts of violence and allows law enforcement to arrest individuals without a warrant for violating a protection order. The bill ensures that individuals seeking protection are not required to pay service fees and allows for the appointment of a guardian ad litem for minors involved in these proceedings. It is set to take effect on January 1, 2026, enhancing the reporting and designation processes for individuals under protection orders.
Statutes affected: INTRODUCED: 11-15-32, 12-60-23, 12.1-17-13, 14-05-23, 14-07.1-01, 14-07.1-02.1, 14-07.1-11, 14-07.1-14, 14-07.1-19, 14-07.6-01, 15.1-09-33.4, 16.1-02-07, 29-01-15, 29-06-15, 47-16-17.1
Adopted by the House Judiciary Committee: 11-15-32, 12-60-23, 12.1-17-13, 14-05-23, 14-07.1-01, 14-07.1-02.1, 14-07.1-11, 14-07.1-14, 14-07.1-19, 14-07.6-01, 15.1-09-33.4, 16.1-02-07, 29-01-15, 29-06-15, 47-16-17.1
FIRST ENGROSSMENT: 11-15-32, 12-60-23, 12.1-17-13, 14-05-23, 14-07.1-01, 14-07.1-02.1, 14-07.1-11, 14-07.1-14, 14-07.1-19, 14-07.6-01, 15.1-09-33.4, 16.1-02-07, 29-01-15, 29-06-15, 47-16-17.1
Prepared by the Legislative Council staff for Senator Larson: 11-15-32, 12-60-23, 12.1-17-13, 14-05-23, 14-07.1-01, 14-07.1-02.1, 14-07.1-11, 14-07.1-14, 14-07.1-19, 14-07.6-01, 15.1-09-33.4, 16.1-02-07, 29-01-15, 29-06-15, 47-16-17.1
Enrollment: 11-15-32, 12-60-23, 12.1-17-13, 14-05-23, 14-07.1-01, 14-07.1-02.1, 14-07.1-11, 14-07.1-14, 14-07.1-19, 14-07.6-01, 15.1-09-33.4, 16.1-02-07, 29-01-15, 29-06-15, 47-16-17.1