19.8008.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2071
of North Dakota
Introduced by
Judiciary Committee
(At the request of the Supreme Court)
1 A BILL for an Act to amend and reenact subsection 6 of section 12.1-31-01.2 and subsection 5
2 of section 12.1-31.2-01 of the North Dakota Century Code, relating to restraining orders.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Subsection 6 of section 12.1-31-01.2 of the North Dakota
5 Century Code is amended and reenacted as follows:
6 6. The court may grant a sexual assault restraining order prohibiting the respondent from
7 contacting, harassing, stalking, or threatening the applicant, and from appearing at the
8 applicant's residence, school, and place of employment if:
9 a. An individual files a petition under subsection 3;
10 b. The sheriff serves the respondent with a copy of the temporary restraining order
11 issued under subsections 4 and 5, and with notice of the time and place of the
12 hearing;
13 c. The court sets a hearing for not later than fourteen days after issuance of the
14 temporary restraining order unless the time period is extended upon written
15 consent of the parties, or upon a showing the respondent has not been served
16 with a copy of the temporary restraining order despite the exercise of due
17 diligenceor at a later date if good cause is shown; and
18 d. The court finds after the hearing there are reasonable grounds to believe the
19 respondent committed sexual assault.
20 SECTION 2. AMENDMENT. Subsection 5 of section 12.1-31.2-01 of the North Dakota
21 Century Code is amended and reenacted as follows:
22 5. The court may grant a disorderly conduct restraining order ordering the respondent to
23 cease or avoid the disorderly conduct or to have no contact with the applicant if:
24 a. A person files a petition under subsection 3;
Page No. 1 19.8008.01000
 Sixty-sixth
Legislative Assembly
1 b. The sheriff serves the respondent with a copy of the temporary restraining order
2 issued under subsection 4 and with notice of the time and place of the hearing;
3 c. The court sets a hearing for not later than fourteen days after issuance of the
4 temporary restraining order unless the time period is extended upon written
5 consent of the parties, or upon a showing that the respondent has not been
6 served with a copy of the temporary restraining order despite the exercise of due
7 diligenceor at a later date if good cause is shown; and
8 d. The court finds after the hearing that there are reasonable grounds to believe that
9 the respondent has engaged in disorderly conduct. If a person claims to have
10 been engaged in a constitutionally protected activity, the court shall determine the
11 validity of the claim as a matter of law and, if found valid, shall exclude evidence
12 of the activity.
Page No. 2 19.8008.01000


Statutes affected:
INTRODUCED: 12.1-31-01.2, 12.1-31.2-01
Enrollment: 12.1-31-01.2, 12.1-31.2-01