21.0534.01000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1122
of North Dakota
Introduced by
Representatives Roers Jones, Heinert, Porter
Senators Hogue, Larson
1 A BILL for an Act to create and enact section 12-63-02.3 of the North Dakota Century Code,
2 relating to reserve peace officers; and to amend and reenact section 12-63-03 of the North
3 Dakota Century Code, relating to peace officer duties or activities.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. Section 12-63-02.3 of the North Dakota Century Code is created and enacted
6 as follows:
7 12-63-02.3. Reserve peace officer - License.
8 1. Except as otherwise provided in this section, all provisions of this chapter apply to
9 licensed reserve peace officers and a licensed reserve peace officer has the same
10 authority as a licensed peace officer.
11 2. The board shall issue a reserve peace officer license to an individual who is appointed
12 by a criminal justice agency and meets the requirements of this chapter and the rules
13 established by the board.
14 3. A criminal justice agency may appoint a licensed reserve peace officer to supplement
15 and assist a licensed peace officer. If a criminal justice agency appoints a licensed
16 reserve peace officer, the licensed reserve peace officer must be under the
17 supervision of a licensed peace officer designated by the criminal justice agency.
18 4. A licensed reserve peace officer may not exercise reserve peace officer functions
19 when off duty.
20 5. The board shall establish criteria for reserve licenses.
21 SECTION 2. AMENDMENT. Section 12-63-03 of the North Dakota Century Code is
22 amended and reenacted as follows:
23 12-63-03. Persons and practices not affected.
24 This chapter does not prevent or restrict the practice of peace officer duties or activities of:
Page No. 1 21.0534.01000
Sixty-seventh
Legislative Assembly
1 1. Auxiliary personnel such as members of organized groups for purposes such as
2 posse, search and rescue, and security at dances, if the group operatespersonnel
3 operate as adjunct to the police or sheriff's department, and doesdo not have arrest
4 powers or peace officer authority delegated to its membersthe personnel by the
5 department.
6 2. A reserve officer such as an individual used by a municipal, county, or state law
7 enforcement agency to provide services to that jurisdiction on a nonsalaried basis and
8 who is granted full arrest authority.
9 3. A person who provides private investigative services in this state.
10 4.3. A person doing private security work or any private security agency.
11 5.4. A person performing peace officer duties in an official capacity as a federal officer.
Page No. 2 21.0534.01000
Statutes affected: INTRODUCED: 12-63-03
Enrollment: 12-63-03