21.0411.01000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1123
of North Dakota
Introduced by
Representatives Roers Jones, Becker, Hanson, M. Johnson, Klemin, Mock
Senators Bakke, Dwyer, Myrdal
1 A BILL for an Act to amend and reenact sections 29-08-02 and 29-05-12 of the North Dakota
2 Century Code, relating to bail and a summons in lieu of arrest warrant.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 29-08-02 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 29-08-02. Admission to bail defined - Delegation of authority by magistrate -
7 Exception.
8 1. Admission to bail is the order of a competent court or magistrate that the defendant be
9 discharged from actual custody upon an undertaking with sufficient sureties for the
10 defendant's appearance.
11 2. Except as otherwise prohibited by law or in a case involving an offense under section
12 12.1-17-01.2, a resident of this state arrested with or without a warrant for a
13 misdemeanor offense must be released from custody on the individual's own
14 recognizance and without appearing before a magistrate. In a misdemeanor arrest
15 warrant, a magistrate may order the posting of bail if the magistrate has reasonable
16 and probable grounds to believe an individual will disregard a written promise to
17 appear under this subsection.
18 3. Any magistrate or municipal judge in this state may designate, authorize, and appoint
19 an additional person or personsa designee to arrange, receive, and approveforward
20 bail in cases involving traffic violationsto the court.
21 SECTION 2. AMENDMENT. Section 29-05-12 of the North Dakota Century Code is
22 amended and reenacted as follows:
Page No. 1 21.0411.01000
 Sixty-seventh
Legislative Assembly
1 29-05-12. BailSummons in lieu of arrest warrant and bail if offense charged is a
2 misdemeanor or, infraction, or subject to presumptive probation.
3 1. Except as otherwise prohibited by law, a magistrate authorizing a criminal charge for a
4 misdemeanor, infraction, or class C felony subject to presumptive probation under
5 section 12.1-32-07.4 shall issue a summons to appear.
6 2. If the offense charged in a warrant of arrest is a misdemeanor or, infraction not within
7 the jurisdiction of the magistrate who issued it to punish, and the accused is arrested
8 in another county, the officer, upon, or class C felony subject to presumptive probation
9 and the issuing magistrate has specified bail and release conditions, the accused who
10 is arrested in a county not within the jurisdiction of the issuing magistrate and who is
11 unable to post bail may request to appear before a local magistrate. Upon request of
12 the accused, the arresting officer shall take the accused before a magistrate in the
13 county in which the arrest is made, who and the magistrate shall admit the accused
14 toamend the bail and take bail fromof the accused accordingly. If there is no
15 magistrate residing within the county whereinwhere the accused is arrested, and the
16 accused requires ithas requested to appear before a local magistrate, the officer shall
17 take the accused before a magistrate of any other county nearer or more accessible
18 than the magistrate issuing the warrant, and said magistrate shall admit the accused
19 toamend the bail and take bail fromof the accused accordingly.
Page No. 2 21.0411.01000


Statutes affected:
INTRODUCED: 29-08-02, 29-05-12
FIRST ENGROSSMENT: 29-08-02, 29-05-12