21.0150.03000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1035
of North Dakota
Introduced by
Legislative Management
(Judiciary Committee)
1 A BILL for an Act to create and enact chapters 27-20.2, 27-20.3, and 27-20.4 of the North
2 Dakota Century Code, relating to the Juvenile Court Act; to amend and reenact subsection 16 of
3 section 11-16-01, section 12.1-32-15, subsections 1 and 3 of section 12.1-41-12, subsection 2
4 of section 14-02.1-03.1, subsection 2 of section 14-02.1-08, subdivision c of subsection 2 of
5 section 14-07.1-18, section 14-15-11, subsections 1 and 2 of section 15.1-09-33.4, sections
6 15.1-19-15, 20.1-13.1-01, 20.1-15-01, 26.1-36-20, and 26.1-40-11.1, subsection 2 of section
7 27-05-30, section 27-20.1-01, paragraph 4 of subdivision n of subsection 2 of section
8 27-20.1-06, subsection 1 of section 27-20.1-10, subdivision d of subsection 1 of section
9 27-20.1-11, subsection 3 of section 27-20.1-11, subsection 2 of section 27-20.1-17, section
10 27-20.1-22, subsections 2 and 3 of section 27-21-02, subsection 3 of section 27-21-02.1,
11 section 27-21-09, subsections 2 and 5 of section 27-21-12, section 30.1-27-02, subsection 3 of
12 section 30.1-27-06, section 39-06-32.1, subsection 2 of section 39-20-01, section 39-24.1-01,
13 subsection 5 of section 50-06-05.1, subdivision a of subsection 4 of section 50-06-43.2,
14 subsection 1 of section 50-11.3-01, subsection 4 of section 50-25.1-15, subsection 2 of section
15 54-12-34, and sections 54-23.4-17 and 62.1-02-01 of the North Dakota Century Code, relating
16 to juvenile justice; to repeal chapter 27-20 and section 27-21-03 of the North Dakota Century
17 Code, relating to the Uniform Juvenile Court Act; and to provide a penalty.
18 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
19 SECTION 1. AMENDMENT. Subsection 16 of section 11-16-01 of the North Dakota Century
20 Code is amended and reenacted as follows:
21 16. Institute and defend proceedings under sections 14-09-12 and 14-09-19 and chapters
22 14-15, 27-2027-20.2, 27-20.3, 27-20.4, and 50-01 upon consultation with the human
23 service zone director or the executive director of the department of human services.
Page No. 1 21.0150.03000
 Sixty-seventh
Legislative Assembly
1 SECTION 2. AMENDMENT. Section 12.1-32-15 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 12.1-32-15. Offenders against children and sexual offenders - Sexually violent
4 predators - Registration requirement - Penalty. (Contingent effective date - See note)
5 1. As used in this section:
6 a. "A crime against a child" means a violation of chapter 12.1-16, section
7 12.1-17-01.1 if the victim is under the age of twelve, 12.1-17-02, 12.1-17-04,
8 subdivision a of subsection 6 of section 12.1-17-07.1, section 12.1-18-01,
9 12.1-18-02, 12.1-18-05, chapter 12.1-29, or section 14-09-22, subsection 3 of
10 section 12.1-41-02, subsection 3 of section 12.1-41-03, or an equivalent offense
11 from another court in the United States, a tribal court, or court of another country,
12 in which the victim is a minor or is otherwise of the age required for the act to be
13 a crime or an attempt or conspiracy to commit these offenses.
14 b. "Department" means the department of corrections and rehabilitation.
15 c. "Homeless" means an individual who is physically present in this state, but is
16 living in a park, under a bridge, on the streets, in a vehicle or camper, or is
17 otherwise without a traditional dwelling, and also one who resides in this state but
18 does not maintain a permanent address. The term does not include individuals
19 who are temporarily domiciled or individuals residing in public or private shelters
20 that provide temporary living accommodations.
21 d. "Mental abnormality" means a congenital or acquired condition of an individual
22 that affects the emotional or volitional capacity of the individual in a manner that
23 predisposes that individual to the commission of criminal sexual acts to a degree
24 that makes the individual a menace to the health and safety of other individuals.
25 e. "Predatory" means an act directed at a stranger or at an individual with whom a
26 relationship has been established or promoted for the primary purpose of
27 victimization.
28 f. "Sexual offender" means a person who has pled guilty to or been found guilty,
29 including juvenile delinquent adjudications, of a violation of section 12.1-20-03,
30 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,
31 12.1-20-07 except for subdivision a of subsection 1, 12.1-20-11, 12.1-20-12.1,
Page No. 2 21.0150.03000
 Sixty-seventh
Legislative Assembly
1 12.1-20-12.2, 12.1-20-12.3 except for subdivision a of subsection 1 and
2 subdivision b of subsection 1 if the offense involves only a demand for money,
3 chapter 12.1-27.2, subsection 2 of section 12.1-22-03.1, subdivision b of
4 subsection 1 of section 12.1-41-02, section 12.1-41-04, 12.1-41-05, or
5 12.1-41-06, or an equivalent offense from another court in the United States, a
6 tribal court, or court of another country, or an attempt or conspiracy to commit
7 these offenses.
8 g. "Sexually dangerous individual" means an individual who meets the definition
9 specified in section 25-03.3-01.
10 h. "Temporarily domiciled" means staying or being physically present in this state for
11 more than thirty days in a calendar year or at a location for longer than ten
12 consecutive days, attending school for longer than ten days, or maintaining
13 employment in the jurisdiction for longer than ten days, regardless of the state of
14 the residence.
15 2. The court shall impose, in addition to any penalty provided by law, a requirement that
16 the individual register, within three days of coming into a county in which the individual
17 resides, is homeless, or within the period identified in this section that the individual
18 becomes temporarily domiciled. The individual must register with the chief of police of
19 the city or the sheriff of the county if the individual resides, attends school, or is
20 employed in an area other than a city. A homeless individual shall register every three
21 days with the sheriff or chief of police of the jurisdiction in which the individual is
22 physically present. The court shall require an individual to register by stating this
23 requirement on the court records, if that individual:
24 a. Has pled guilty or nolo contendere to, or been found guilty as a felonious sexual
25 offender or an attempted felonious sexual offender, including juvenile delinquent
26 adjudications of equivalent offenses unless the offense is listed in subdivision c.
27 b. Has pled guilty or nolo contendere to, or been found guilty as a sexual offender
28 for, a misdemeanor or attempted misdemeanor. The court may deviate from
29 requiring an individual to register if the court first finds the individual is no more
30 than three years older than the victim if the victim is a minor, the individual has
31 not previously been convicted as a sexual offender or of a crime against a child,
Page No. 3 21.0150.03000
 Sixty-seventh
Legislative Assembly
1 and the individual did not exhibit mental abnormality or predatory conduct in the
2 commission of the offense.
3 c. Is a juvenile found delinquent under subdivision d of subsection 1 of section
4 12.1-20-03, subdivision a of subsection 2 of section 12.1-20-03, or as a sexual
5 offender for a misdemeanor. The court may deviate from requiring the juvenile to
6 register if the court first finds the juvenile has not previously been convicted as a
7 sexual offender or for a crime against a child, and the juvenile did not exhibit
8 mental abnormality or predatory conduct in the commission of the offense.
9 d. Has pled guilty or nolo contendere to, or been found guilty of, a crime against a
10 child or an attempted crime against a child, including juvenile delinquent
11 adjudications of equivalent offenses. Except if the offense is described in section
12 12.1-29-02, or section 12.1-18-01 or 12.1-18-02 and the person is not the parent
13 of the victim, the court may deviate from requiring an individual to register if the
14 court first finds the individual has not previously been convicted as a sexual
15 offender or for a crime against a child, and the individual did not exhibit mental
16 abnormality or predatory conduct in the commission of the offense.
17 e. Has pled guilty or nolo contendere, been found guilty, or been adjudicated
18 delinquent of any crime against another individual which is not otherwise
19 specified in this section if the court determines that registration is warranted by
20 the nature of the crime and therefore orders registration for the individual. If the
21 court orders an individual to register as an offender under this section, the
22 individual shall comply with all of the registration requirements in this chapter.
23 3. If a court has not ordered an individual to register in this state, an individual who
24 resides, is homeless, or is temporarily domiciled in this state shall register if the
25 individual:
26 a. Is incarcerated or is on probation or parole after July 31, 1995, for a crime
27 against a child described in section 12.1-29-02, or section 12.1-18-01 or
28 12.1-18-02 if the individual was not the parent of the victim, or as a sexual
29 offender;
30 b. Has pled guilty or nolo contendere to, or been adjudicated for or found guilty of,
31 an offense in a court of this state for which registration is mandatory under this
Page No. 4 21.0150.03000
 Sixty-seventh
Legislative Assembly
1 section or an offense from another court in the United States, a tribal court, or
2 court of another country equivalent to those offenses set forth in this section; or
3 c. Has pled guilty or nolo contendere to, or has been found guilty of, a crime against
4 a child or as a sexual offender for which registration is mandatory under this
5 section if the conviction occurred after July 31, 1985.
6 4. In its consideration of mental abnormality or predatory conduct, the court shall
7 consider the age of the offender, the age of the victim, the difference in ages of the
8 victim and offender, the circumstances and motive of the crime, the relationship of the
9 victim and offender, and the mental state of the offender. The court may order an
10 offender to be evaluated by a qualified counselor, psychologist, or physician before
11 sentencing. Except as provided under subdivision e of subsection 2, the court shall
12 state on the record in open court its affirmative finding for not requiring an offender to
13 register.
14 5. When an individual is required to register under this section, the official in charge of a
15 facility or institution where the individual required to register is confined, or the
16 department, shall, before the discharge, parole, or release of that individual, inform the
17 individual of the duty to register pursuant to this section. The official or the department
18 shall require the individual to read and sign a form as required by the attorney general,
19 stating that the duty of the individual to register has been explained to that individual.
20 The official in charge of the place of confinement, or the department, shall obtain the
21 address where the individual expects to reside, attend school, or work upon discharge,
22 parole, or release and shall report the address to the attorney general. The official in
23 charge of the place of confinement, or the department, shall give three copies of the
24 form to the individual and shall send three copies to the attorney general no later than
25 forty-five days before the scheduled release of that individual. The attorney general
26 shall forward one copy to the law enforcement agency having jurisdiction where the
27 individual expects to reside, attend school, or work upon discharge, parole, or release,
28 one copy to the prosecutor who prosecuted the individual, and one copy to the court in
29 which the individual was prosecuted. All forms must be transmitted and received by
30 the law enforcement agency, prosecutor, and court thirty days before the discharge,
31 parole, or release of the individual.
Page No. 5 21.0150.03000
 Sixty-seventh
Legislative Assembly
1 6. An individual who is required to register pursuant to this section who is released on
2 probation or discharged upon payment of a fine must, before the release or discharge,
3 be informed of the duty to register under this section by the court in which that
4 individual is convicted. The court shall require the individual to read and sign a form as
5 required by the attorney general, stating that the duty of the individual to register under
6 this section has been explained to that individual. The court shall obtain the address
7 where the individual expects to reside, attend school, or work upon release or
8 discharge and shall report the address to the attorney general within three days. The
9 court shall give one copy of the form to the individual and shall send two copies to the
10 attorney general. The attorney general shall forward one copy to the appropriate law
11 enforcement agency having jurisdiction where the individual expects to reside, attend
12 school, or work upon discharge, parole, or release.
13 7. Registration consists of a written statement signed by the individual, giving the
14 information required by the attorney general, and the biometric data and photograph of
15 the individual. An individual who is not required to provide a sample of blood and other
16 body fluids under section 31-13-03 or by the individual's state or court of conviction or
17 adjudication shall submit a sample of blood and other body fluids for inclusion in a
18 centralized database of DNA identification records under section 31-13-05. The
19 collection, submission, testing and analysis of, and records produced from, samples of
20 blood and other body fluids, are subject to chapter 31-13. Evidence of the DNA profile
21 comparison is admissible in accordance with section 31-13-02. A report of the DNA
22 analysis certified by the state crime laboratory is admissible in accordance with section
23 31-13-05. A district court shall order an individual who refuses to submit a sample of
24 blood or other body fluids for registration purposes to show cause at a specified time
25 and place why the individual should not be required to submit the sample required
26 under this subsection. Within three days after registration, the registering law
27 enforcement agency shall forward the statement, biometric data, and photograph to
28 the attorney general and shall submit the sample of the individual's blood and body
29 fluids to the state crime laboratory. If an individual required to register under this
30 section has a change in vehicle or computer online identity, the individual shall
31 register, within three days after the change, with the law enforcement agency with
Page No. 6 21.0150.03000
 Sixty-seventh
Legislative Assembly
1 which that individual last registered of the individual's new vehicle or computer online
2 identity. If an individual required to register pursuant to this section has a change in
3 name, school, or residence or employment address, that individual shall register, at
4 least ten days before the change, with the law enforcement agency with which that
5 individual last registered of the individual's new name, school, residence address, or
6 employment address. A change in school or employment address includes the
7 termination of school or employment for which an individual required to register under
8 this section, the individual shall register within three days of the termination with the
9 law enforcement agency with which the individual last registered. The law enforcement
10 agency, within three days after receipt of the information, shall