19.0721.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2246
of North Dakota
Introduced by
Senators J. Lee, D. Larson
Representatives M. Johnson, Longmuir
1 A BILL for an Act to amend and reenact section 5-01-05.1 of the North Dakota Century Code,
2 relating to public intoxication.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 5-01-05.1 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 5-01-05.1. Public intoxication - Assistance - Medical care.
7 1. As used in this section "intoxicated" means a state in which an individual is under the
8 influence of alcoholic beverages, drugs, or controlled substances, or a combination of
9 alcoholic beverages, drugs, and controlled substances.
10 2. A peace officer may take any apparently intoxicated individual to the individual's home,
11 to a local hospital, to a detoxification center, or, whenever that individual constitutes a
12 danger to that individual or others, to a jail. A tier 1b mental health professional, as
13 defined under section 25-01-01, of a local hospital may hold that individual for
14 treatment up to seventy-two hours. That
15 3. An intoxicated individual may not be held in jail because of intoxication more than
16 twenty-four hours. An intoxicated individual may not be placed in a jail unless a jailer is
17 constantly monitoring the individual and medical services are provided if the need is
18 indicated.
19 4. Upon placing that individual in jail, or if the individual is admitted to a hospital or
20 detoxification center, upon admission, the peace officer shall make a reasonable effort
21 to notify the intoxicated individual's family as soon as possible.
22 5. Any additional costs incurred by the city, county, ambulance service, or medical
23 service provider on account of an intoxicated individual are recoverable from that
24 individual.
Page No. 1 19.0721.01000


Statutes affected:
INTRODUCED: 5-01-05.1
Enrollment: 5-01-05.1