19.0490.03000
Sixty-sixth
Legislative Assembly HOUSE BILL NO. 1234
of North Dakota
Introduced by
Representatives Roers Jones, Boschee, Satrom
Senators Myrdal, Oban
1 A BILL for an Act to amend and reenact sections 29-06-05.2 and 29-06-15 of the North Dakota
2 Century Code, relating to the authority of federal agents.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 29-06-05.2 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 29-06-05.2. Federal law enforcement officer - Authority to make arrests.
7 1. "Federal agent" means an employee of the federal bureau of investigation; the federal
8 drug enforcement administration; the bureau of alcohol, tobacco, firearms and
9 explosives; the homeland security investigations unit of the department of homeland
10 security; the bureau of Indian affairs police; federal law enforcement officers; or the
11 United States customs and border protection who is authorized to arrest, with or
12 without a warrant, any individual for a violation of the United States Code and carry a
13 firearm in the performance of the employee's duties as a federal law enforcement
14 officer.
15 2. A federal agent has the same authority and immunity as a peace officer in this state
16 when making an arrest for a nonfederal crime if any of the following exist:
17 a. The federal agent has reasonable grounds to believe that a felony offense was
18 committed and the individual arrested committed the offense.
19 b. The federal agent is rendering assistance to a peace officer in an emergency or
20 at the request of the peace officer.
21 c. The federal agent is working as a part of a task force composed of North Dakota
22 peace officers and federal law enforcement officers.
23 SECTION 2. AMENDMENT. Section 29-06-15 of the North Dakota Century Code is
24 amended and reenacted as follows:
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Legislative Assembly
1 29-06-15. Arrest without warrant - Peace officer - Officer in the United States customs
2 and border protectionFederal agent.
3 1. A law enforcement officer, without a warrant, may arrest a person:
4 a. For a public offense, committed or attempted in the officer's presence and for the
5 purpose of this subdivision, a crime must be deemed committed or attempted in
6 the officer's presence when what the officer observes through the officer's senses
7 reasonably indicates to the officer that a crime was in fact committed or
8 attempted in the officer's presence by the person arrested.
9 b. When the person arrested has committed a felony, although not in the officer's
10 presence.
11 c. When a felony in fact has been committed, and the officer has reasonable cause
12 to believe the person arrested to have committed it.
13 d. On a charge, made upon reasonable cause, of the commission of a felony by the
14 party arrested.
15 e. For the public offenses, not classified as felonies and not committed in the
16 officer's presence as provided for under section 29-06-15.1.
17 f. On a charge, made upon reasonable cause, of driving or being in actual physical
18 control of a vehicle while under the influence of alcoholic beverages.
19 g. For the offense of violating a protection order under section 14-07.1-06, an order
20 prohibiting contact under section 12.1-31.2-02, or for an assault involving
21 domestic violence under section 14-07.1-11.
22 h. On a charge, made upon reasonable cause, of being under the influence of
23 volatile chemical vapors in violation of section 19-03.1-22.1.
24 2. An officer of the United States customs and border protectionA federal agent, without
25 a warrant, may arrest a person if all of the following circumstances exist:
26 a. The officer is on duty.
27 b. One or more of the following situations exist:
28 (1) The person commits an assault or other crime, defined and punishable
29 under chapter 12.1-17, against the officer or against any other person in the
30 presence of the officer.
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1 (2) The officer has reasonable cause to believe that a crime, as defined in
2 paragraph 1, has been committed and reasonable cause to believe that the
3 person to be arrested has committed it.
4 (3) The officer has reasonable cause to believe that a felony has been
5 committed and reasonable cause to believe that the person to be arrested
6 has committed it.
7 (4) The officer has received positive information from an authoritative source
8 that a peace officer holds a warrant for the person's arrest.
9 3. If a law enforcement officer has reasonable cause to believe an individual has violated
10 a lawful order of a court of this state which requires the individual to participate in the
11 twenty-four seven sobriety program authorized in sections 54-12-27 through 54-12-31,
12 the law enforcement officer may immediately take the individual into custody without a
13 warrant. An individual taken into custody under this subsection may not be released on
14 bail or on the individual's personal recognizance unless the individual has made a
15 personal appearance before a magistrate.
Page No. 3 19.0490.03000
Statutes affected: INTRODUCED: 29-06-05.2, 29-06-15
FIRST ENGROSSMENT: 29-06-05.2, 29-06-15
Enrollment: 29-06-05.2, 29-06-15