Bill Summary – FastDemocracy

0789.01000
     Sixty-sixth
     Legislative Assembly                    HOUSE BILL NO. 1395
     of North Dakota
     Introduced by
       Representatives Schauer, Adams, Buffalo, Hager, K. Koppelman, Mitskog, Pyle, Satrom
       Senator Hogan
  A BILL for an Act to amend and reenact section 14-09-22 of the North Dakota Century Code,
  relating to requiring evaluations for individuals convicted of child abuse; to provide for a
  legislative management study; and to provide a penalty.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 14-09-22 of the North Dakota Century Code is
  amended and reenacted as follows:
      14-09-22. Abuse of child - Penalty.
      1.   Except as provided in subsection 2 or 3, a parent, adult family or household member,
           guardian, or other custodian of any child, who willfully inflicts or allows to be inflicted
          upon the child mental injury or bodily injury, substantial bodily injury, or serious bodily
          injury as defined by section 12.1-01-04 is guilty of a class C felony except if the victim
          of an offense under this section is under the age of six years in which case the offense
          is a class B felony.
     2.   A person who provides care, supervision, education, or guidance for a child
          unaccompanied by the child's parent, adult family or household member, guardian, or
          custodian in exchange for money, goods, or other services and who while providing
          such services commits an offense under this section is guilty of a class B felony. Any
          such person that commits, allows to be committed, or conspires to commit, against the
          child, a sex offense as defined in chapter 12.1-20 is subject to the penalties provided
          in that chapter.
     3.   A person that commits an offense under this section is guilty of a class B felony if the
          victim suffers permanent loss or impairment of the function of a bodily member or
          organ, except if the victim of the offense is under the age of six years in which case
          the offense is a class A felony.
                                                 Page No. 1                         19.0789.01000
     Sixty-sixth
     Legislative Assembly
      4.    For any person who pleads guilty or is convicted of an offense under this section, the
            court shall include in the sentence an order for the person to complete a parental
            capacity evaluation, mental health evaluation, and anger management assessment,
            and to participate in all treatment recommended as a result of those evaluations.
      SECTION 2. LEGISLATIVE MANAGEMENT STUDY - IMPLEMENTATION OF FAMILY
  LAW COURT. During the 2019-20 interim, the legislative management shall consider studying
  the state's process for handling child abuse and neglect and domestic violence cases to ensure
  all involved entities are working together to ensure the protection of children. The study must
  consider the feasibility and desirability of separating family law cases, in particular child
 deprivation and abuse and neglect cases, from other cases in the state judicial system, and the
 benefits of implementing a specialized family law court system that includes specialized training
 for family law judges. The legislative management shall report its findings and
 recommendations, together with any legislation required to implement the recommendations, to
 the sixty-seventh legislative assembly.
                                                Page No. 2                          19.0789.01000
Statutes affected: 
INTRODUCED: 14-09-22
FIRST ENGROSSMENT: 14-09-22
Enrollment: 14-09-22