19.0790.02000
Sixty-sixth
Legislative Assembly HOUSE BILL NO. 1396
of North Dakota
Introduced by
Representatives Schauer, Adams, Hoverson, K. Koppelman, Mitskog, Pyle, Satrom
Senator Hogan
1 A BILL for an Act to create and enact a new subsection to section 12-67-02 of the North Dakota
2 Century Code, relating to electronic monitoring; to amend and reenact sections 12.1-32-15 and
3 14-09-22 of the North Dakota Century Code, relating to registration requirements for a crime
4 against a child, mandatory sentencing for abuse of a child, and electronic monitoring; and to
5 provide a penalty.
6 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
7 SECTION 1. A new subsection to section 12-67-02 of the North Dakota Century Code is
8 created and enacted as follows:
9 Notwithstanding any other provision of law, an offender who has pled guilty or nolo
10 contendere to, or has been found guilty of a felony under section 14-09-22, is not
11 eligible for electronic home detention or global position system monitoring.
12 SECTION 2. AMENDMENT. Section 12.1-32-15 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 12.1-32-15. Offenders against children and sexual offenders - Sexually violent
15 predators - Registration requirement - Penalty. (Contingent effective date - See note)
16 1. As used in this section:
17 a. "A crime against a child" means a violation of chapter 12.1-16, section
18 12.1-17-01.1 if the victim is under the age of twelve, 12.1-17-02, 12.1-17-04,
19 subdivision a of subsection 6 of section 12.1-17-07.1, section 12.1-18-01,
20 12.1-18-02, 12.1-18-05, chapter 12.1-29, or section 14-09-22, subsection 3 of
21 section 12.1-41-02, subsection 3 of section 12.1-41-03, or an equivalent offense
22 from another court in the United States, a tribal court, or court of another country,
23 in which the victim is a minor or is otherwise of the age required for the act to be
24 a crime or an attempt or conspiracy to commit these offenses.
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1 b. "Department" means the department of corrections and rehabilitation.
2 c. "Homeless" means an individual who is physically present in this state, but is
3 living in a park, under a bridge, on the streets, in a vehicle or camper, or is
4 otherwise without a traditional dwelling, and also one who resides in this state but
5 does not maintain a permanent address. The term does not include individuals
6 who are temporarily domiciled or individuals residing in public or private shelters
7 that provide temporary living accommodations.
8 d. "Mental abnormality" means a congenital or acquired condition of an individual
9 that affects the emotional or volitional capacity of the individual in a manner that
10 predisposes that individual to the commission of criminal sexual acts to a degree
11 that makes the individual a menace to the health and safety of other individuals.
12 e. "Predatory" means an act directed at a stranger or at an individual with whom a
13 relationship has been established or promoted for the primary purpose of
14 victimization.
15 f. "Sexual offender" means a person who has pled guilty to or been found guilty,
16 including juvenile delinquent adjudications, of a violation of section 12.1-20-03,
17 12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-05.1, 12.1-20-06, 12.1-20-06.1,
18 12.1-20-07 except for subdivision a, 12.1-20-11, 12.1-20-12.1, or 12.1-20-12.2,
19 chapter 12.1-27.2, or subsection 2 of section 12.1-22-03.1, subdivision b of
20 subsection 1 of section 12.1-41-02, section 12.1-41-04, 12.1-41-05, or
21 12.1-41-06, or an equivalent offense from another court in the United States, a
22 tribal court, or court of another country, or an attempt or conspiracy to commit
23 these offenses.
24 g. "Sexually dangerous individual" means an individual who meets the definition
25 specified in section 25-03.3-01.
26 h. "Temporarily domiciled" means staying or being physically present in this state for
27 more than thirty days in a calendar year or at a location for longer than ten
28 consecutive days, attending school for longer than ten days, or maintaining
29 employment in the jurisdiction for longer than ten days, regardless of the state of
30 the residence.
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1 2. The court shall impose, in addition to any penalty provided by law, a requirement that
2 the individual register, within three days of coming into a county in which the individual
3 resides, is homeless, or within the period identified in this section that the individual
4 becomes temporarily domiciled. The individual must register with the chief of police of
5 the city or the sheriff of the county if the individual resides, attends school, or is
6 employed in an area other than a city. A homeless individual shall register every three
7 days with the sheriff or chief of police of the jurisdiction in which the individual is
8 physically present. The court shall require an individual to register by stating this
9 requirement on the court records, if that individual:
10 a. Has pled guilty or nolo contendere to, or been found guilty as a felonious sexual
11 offender or an attempted felonious sexual offender, including juvenile delinquent
12 adjudications of equivalent offenses unless the offense is listed in subdivision c.
13 b. Has pled guilty or nolo contendere to, or been found guilty as a sexual offender
14 for, a misdemeanor or attempted misdemeanor. The court may deviate from
15 requiring an individual to register if the court first finds the individual is no more
16 than three years older than the victim if the victim is a minor, the individual has
17 not previously been convicted as a sexual offender or of a crime against a child,
18 and the individual did not exhibit mental abnormality or predatory conduct in the
19 commission of the offense.
20 c. Is a juvenile found delinquent under subdivision d of subsection 1 of section
21 12.1-20-03, subdivision a of subsection 2 of section 12.1-20-03, or as a sexual
22 offender for a misdemeanor. The court may deviate from requiring the juvenile to
23 register if the court first finds the juvenile has not previously been convicted as a
24 sexual offender or for a crime against a child, and the juvenile did not exhibit
25 mental abnormality or predatory conduct in the commission of the offense.
26 d. Has pled guilty or nolo contendere to, or been found guilty of, a crime against a
27 child or an attempted crime against a child, including juvenile delinquent
28 adjudications of equivalent offenses. Except if the offense is described in section
29 12.1-29-02, or section 12.1-18-01 or 12.1-18-02 and the person is not the parent
30 of the victim, the court may deviate from requiring an individual to register if the
31 court first finds the individual has not previously been convicted as a sexual
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1 offender or for a crime against a child, and the individual did not exhibit mental
2 abnormality or predatory conduct in the commission of the offense.
3 e. Has pled guilty or nolo contendere, been found guilty, or been adjudicated
4 delinquent of any crime against another individual which is not otherwise
5 specified in this section if the court determines that registration is warranted by
6 the nature of the crime and therefore orders registration for the individual. If the
7 court orders an individual to register as an offender under this section, the
8 individual shall comply with all of the registration requirements in this chapter.
9 3. If a court has not ordered an individual to register in this state, an individual who
10 resides, is homeless, or is temporarily domiciled in this state shall register if the
11 individual:
12 a. Is incarcerated or is on probation or parole after July 31, 1995, for a crime
13 against a child described in section 12.1-29-02, or section 12.1-18-01 or
14 12.1-18-02 if the individual was not the parent of the victim, or as a sexual
15 offender;
16 b. Has pled guilty or nolo contendere to, or been adjudicated for or found guilty of,
17 an offense in a court of this state for which registration is mandatory under this
18 section or an offense from another court in the United States, a tribal court, or
19 court of another country equivalent to those offenses set forth in this section; or
20 c. Has pled guilty or nolo contendere to, or has been found guilty of, a crime against
21 a child or as a sexual offender for which registration is mandatory under this
22 section if the conviction occurred after July 31, 1985.
23 4. In its consideration of mental abnormality or predatory conduct, the court shall
24 consider the age of the offender, the age of the victim, the difference in ages of the
25 victim and offender, the circumstances and motive of the crime, the relationship of the
26 victim and offender, and the mental state of the offender. The court may order an
27 offender to be evaluated by a qualified counselor, psychologist, or physician before
28 sentencing. Except as provided under subdivision e of subsection 2, the court shall
29 state on the record in open court its affirmative finding for not requiring an offender to
30 register.
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1 5. When an individual is required to register under this section, the official in charge of a
2 facility or institution where the individual required to register is confined, or the
3 department, shall, before the discharge, parole, or release of that individual, inform the
4 individual of the duty to register pursuant to this section. The official or the department
5 shall require the individual to read and sign a form as required by the attorney general,
6 stating that the duty of the individual to register has been explained to that individual.
7 The official in charge of the place of confinement, or the department, shall obtain the
8 address where the individual expects to reside, attend school, or work upon discharge,
9 parole, or release and shall report the address to the attorney general. The official in
10 charge of the place of confinement, or the department, shall give three copies of the
11 form to the individual and shall send three copies to the attorney general no later than
12 forty-five days before the scheduled release of that individual. The attorney general
13 shall forward one copy to the law enforcement agency having jurisdiction where the
14 individual expects to reside, attend school, or work upon discharge, parole, or release,
15 one copy to the prosecutor who prosecuted the individual, and one copy to the court in
16 which the individual was prosecuted. All forms must be transmitted and received by
17 the law enforcement agency, prosecutor, and court thirty days before the discharge,
18 parole, or release of the individual.
19 6. An individual who is required to register pursuant to this section who is released on
20 probation or discharged upon payment of a fine must, before the release or discharge,
21 be informed of the duty to register under this section by the court in which that
22 individual is convicted. The court shall require the individual to read and sign a form as
23 required by the attorney general, stating that the duty of the individual to register under
24 this section has been explained to that individual. The court shall obtain the address
25 where the individual expects to reside, attend school, or work upon release or
26 discharge and shall report the address to the attorney general within three days. The
27 court shall give one copy of the form to the individual and shall send two copies to the
28 attorney general. The attorney general shall forward one copy to the appropriate law
29 enforcement agency having jurisdiction where the individual expects to reside, attend
30 school, or work upon discharge, parole, or release.
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1 7. Registration consists of a written statement signed by the individual, giving the
2 information required by the attorney general, and the biometric data and photograph of
3 the individual. An individual who is not required to provide a sample of blood and other
4 body fluids under section 31-13-03 or by the individual's state or court of conviction or
5 adjudication shall submit a sample of blood and other body fluids for inclusion in a
6 centralized database of DNA identification records under section 31-13-05. The
7 collection, submission, testing and analysis of, and records produced from, samples of
8 blood and other body fluids, are subject to chapter 31-13. Evidence of the DNA profile
9 comparison is admissible in accordance with section 31-13-02. A report of the DNA
10 analysis certified by the state crime laboratory is admissible in accordance with section
11 31-13-05. A district court shall order an individual who refuses to submit a sample of
12 blood or other body fluids for registration purposes to show cause at a specified time
13 and place why the individual should not be required to submit the sample required
14 under this subsection. Within three days after registration, the registering law
15 enforcement agency shall forward the statement, biometric data, and photograph to
16 the attorney general and shall submit the sample of the individual's blood and body
17 fluids to the state crime laboratory. If an individual required to register under this
18 section has a change in vehicle or computer online identity, the individual shall
19 register, within three days after the change, with the law enforcement agency with
20 which that individual last registered of the individual's new vehicle or computer online
21 identity. If an individual required to register pursuant to this section has a change in
22 name, school, or residence or employment address, that individual shall register, at
23 least ten days before the change, with the law enforcement agency with which that
24 individual last registered of the individual's new name, school, residence address, or
25 employment address. A change in school or employment address includes the
26 termination of school or employment for which an individual required to register under
27 this section, the individual shall register within three days of the termination with the
28 law enforcement agency with which the individual last registered. The law enforcement
29 agency, within three days after receipt of the information, shall forward it to the
30 attorney general. The attorney general shall forward the appropriate registration data
31 to the law enforcement agency having local jurisdiction of the new place of residence,
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1 school, or employment. Upon a change of address, the individual required to register
2 shall also register within three days at the law enforcement agency having local
3 jurisdiction of the new place of residence, school, or employment. The individual
4 registering under this section shall periodically confirm the information required under
5 this subsection in a manner and at an interval determined by the attorney general. A
6 law enforcement agency that has previously registered an offender may omit the
7 biometric data portion of the registration if that agency has a set of biometric data on
8 file for that individual and is personally familiar with and can visually identify the
9 offender. These provisions also apply in any other state that requires registration.
10 8. An individual required to register under this section shall comply with the registration
11 requirement for the longer of the following periods:
12 a. A period of fifteen years after the date of sentence or order def