19.0430.02000
Sixty-sixth
Legislative Assembly HOUSE BILL NO. 1252
of North Dakota
Introduced by
Representatives Louser, Becker, Blum, Kading, Kasper, K. Koppelman
Senators Burckhard, Hogue, Poolman, Unruh
1 A BILL for an Act to create and enact a new subsection to section 12.1-34-02 of the North
2 Dakota Century Code, relating to rights of victims; and to amend and reenact subsection 1 of
3 section 12.1-32-02, subsection 1 of section 12.1-32-08, and subsection 10 of section
4 12.1-34-01 of the North Dakota Century Code, relating to contact with victims, the definition of
5 victim, and restitution.
6 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
7 SECTION 1. AMENDMENT. Subsection 1 of section 12.1-32-02 of the North Dakota
8 Century Code is amended and reenacted as follows:
9 1. Every person convicted of an offense who is sentenced by the court must be
10 sentenced to one or a combination of the following alternatives, unless the sentencing
11 alternatives are otherwise specifically provided in the statute defining the offense or
12 sentencing is deferred under subsection 4:
13 a. Payment of the reasonable costs of the person's prosecution.
14 b. Probation.
15 c. A term of imprisonment, including intermittent imprisonment:
16 (1) In a state correctional facility in accordance with section 29-27-07, in a
17 regional corrections center, or in a county jail, if convicted of a felony or a
18 class A misdemeanor.
19 (2) In a county jail or in a regional corrections center, if convicted of a class B
20 misdemeanor.
21 (3) In a facility or program deemed appropriate for the treatment of the
22 individual offender, including available community-based or faith-based
23 programs.
Page No. 1 19.0430.02000
Sixty-sixth
Legislative Assembly
1 (4) In the case of persons convicted of an offense who are under eighteen
2 years of age at the time of sentencing, the court is limited to sentencing the
3 minor defendant to a term of imprisonment in the custody of the department
4 of corrections and rehabilitation.
5 d. A fine.
6 e. Restitution for damages resulting from the commission of the offense.
7 f. Restoration of damaged property or other appropriate work detail.
8 g. Commitment to an appropriate licensed public or private institution for treatment
9 of alcoholism, drug addiction, or mental disease or defect.
10 h. Commitment to a sexual offender treatment program.
11 Except as provided by section 12.1-32-06.1, sentences imposed under this subsection
12 may not exceed in duration the maximum sentences of imprisonment provided by
13 section 12.1-32-01, section 12.1-32-09, or as provided specifically in a statute defining
14 an offense. This subsection does not permit the unconditional discharge of an offender
15 following conviction. A sentence under subdivision e or f must be imposed in the
16 manner provided in section 12.1-32-08. If the person is sentenced to a term of
17 imprisonment, the court may prohibit the person from contacting the victim during the
18 term of imprisonment. For purposes of this subsection, "victim" means victim as
19 defined in section 12.1-34-01.
20 SECTION 2. AMENDMENT. Subsection 1 of section 12.1-32-08 of the North Dakota
21 Century Code is amended and reenacted as follows:
22 1. Before imposing restitution or reparation as a sentence or condition of probation, the
23 court shall hold a hearing on the matter with notice to the prosecuting attorney and to
24 the defendant as to the nature and amount of restitution. The court, when sentencing a
25 person adjudged guilty of criminal activities that have resulted in pecuniary damages,
26 in addition to any other sentence the court may impose, shall order that the defendant
27 make restitution to the victim or other recipient as determined by the court, unless the
28 court states on the record, based upon the criteria in this subsection, the reason it
29 does not order restitution or orders only partial restitution. Restitution must include
30 payment to the owner of real property that is contaminated by the defendant in the
31 manufacturing of methamphetamine for the cost of removing the contamination and
Page No. 2 19.0430.02000
Sixty-sixth
Legislative Assembly
1 returning the property to the property's condition before contamination and to any
2 other person that has incurred costs in decontaminating the property. In determining
3 whether to orderthe amount of restitution, the court shall take into account:
4 a. The the reasonable damages sustained by the victim or victims of the criminal
5 offense, which damages are limited to those directly related to the criminal
6 offense and expenses actually incurred as a direct result of the defendant's
7 criminal action. This can include an amount equal to the cost of necessary and
8 related professional services and devices relating to physical, psychiatric, and
9 psychological care. The defendant may be required as part of the sentence
10 imposed by the court to pay the prescribed treatment costs for a victim of a
11 sexual offense as defined in chapters 12.1-20 and 12.1-27.2.
12 b. The ability of the defendant to restore the fruits of the criminal action or to pay
13 monetary reparations, or to otherwise take action to restore the victim's property.
14 c. The likelihood that attaching a condition relating to restitution or reparation will
15 serve a valid rehabilitational purpose in the case of the particular offender
16 considered.
17 The court shall fix the amount of restitution or reparation, which may not exceed an
18 amount the defendant can or will be able to pay, and shall fix the manner of
19 performance of any condition or conditions of probation established pursuant to this
20 subsection. The court shall order restitution be paid to the division of adult services for
21 any benefits the division has paid or may pay under chapter 54-23.4 unless the court,
22 on the record, directs otherwise. Any payments made pursuant to the order must be
23 deducted from damages awarded in a civil action arising from the same incident. An
24 order that a defendant make restitution or reparation as a sentence or condition of
25 probation may, unless the court directs otherwise, be filed, transcribed, and enforced
26 by the person entitled to the restitution or reparation or by the division of adult services
27 in the same manner as civil judgments rendered by the courts of this state may be
28 enforced.
29 SECTION 3. AMENDMENT. Subsection 10 of section 12.1-34-01 of the North Dakota
30 Century Code is amended and reenacted as follows:
Page No. 3 19.0430.02000
Sixty-sixth
Legislative Assembly
1 10. "Victim" means a natural person who has sufferedsuffers direct or threatened physical,
2 financial, or psychological harm as the result of the commission or attempted
3 commission of a crime or delinquent act or against whom the crime or delinquent act is
4 committed. The term "victim" includes the family members of a minor, incompetent,
5 incapacitated, or deceased person. The term "victim" does not include the accused or
6 a person whom the court finds would not act in the best interests of a deceased,
7 incompetent, minor, or incapacitated victim.
8 SECTION 4. A new subsection to section 12.1-34-02 of the North Dakota Century Code is
9 created and enacted as follows:
10 If the victim is deceased, incompetent, incapacitated, or a minor, the victim's spouse,
11 parent, grandparent, child, sibling, grandchild, or guardian, and any person with a
12 relationship to the victim which is substantially similar to a listed relationship, may
13 exercise the rights granted to a victim under this chapter.
Page No. 4 19.0430.02000
Statutes affected: INTRODUCED: 12.1-32-02, 12.1-32-08, 12.1-34-01
Enrollment: 12.1-32-02, 12.1-32-08, 12.1-34-01