The proposed bill seeks to establish Chapter 14-07.7 of the North Dakota Century Code, focusing on civil protection orders and amending existing laws related to restraining and protection orders. Key changes include replacing "restraining orders" with "civil protection orders" in Section 11-15-32 and creating a registry for these orders managed by the Bureau of Criminal Investigation. The bill introduces definitions for terms such as "civil protection order," "contact," "domestic violence," and "disorderly conduct," while outlining the petition filing process, including provisions for minors and confidentiality for protected individuals. It also repeals several existing sections concerning sexual assault restraining orders and domestic violence protection orders, aiming to streamline the legal framework.
Additionally, the bill establishes a framework for granting disorderly conduct restraining orders and temporary domestic violence protection orders, detailing the conditions under which these can be issued. It clarifies procedures for serving protection orders, the rights of individuals seeking relief, and the appointment of guardians ad litem for minors. The legislation categorizes penalties for violations of protection orders, with first violations classified as class A misdemeanors and subsequent violations as class C felonies. The bill emphasizes law enforcement's role in enforcing these orders and ensures that orders issued before January 1, 2026, remain effective. Overall, the bill represents a significant overhaul of the protection order system in North Dakota, enhancing the protection of individuals from domestic violence and disorderly conduct.
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