The proposed bill seeks to establish Chapter 14-07.7 of the North Dakota Century Code, focusing on civil protection orders while amending existing laws related to restraining orders. Key changes include replacing "restraining orders" with "civil protection orders" in Section 11-15-32 and creating 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," and outlines the petition filing process, including provisions for minors. It also emphasizes confidentiality for individuals protected under these orders and establishes penalties for violations, categorizing first violations as class A misdemeanors and subsequent violations as class C felonies.
Furthermore, the bill mandates that hearings on petitions for civil protection orders be closed to the public, allowing only involved parties and their representatives to attend. It specifies the conditions for issuing temporary restraining orders and requires respondents to surrender firearms within 24 hours if ordered. The bill also clarifies the responsibilities of law enforcement in enforcing protection orders and assisting petitioners, while providing legal immunity for officers acting in good faith. By repealing outdated sections and consolidating laws under a new chapter, the legislation aims to streamline the legal framework for domestic violence protections, with changes set to take effect on January 1, 2026.
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