Bill Summary – FastDemocracy

23.0112.02000
     Sixty-eighth
     Legislative Assembly                    HOUSE BILL NO. 1277
     of North Dakota
     Introduced by
       Representatives Satrom, Karls, Klemin, Roers Jones, Schneider
       Senator Larson
1    A BILL for an Act to amend and reenact section 39-08-01.5 of the North Dakota Century Code,
2    relating to suspension of the electronic alcohol monitoring and sobriety breath testing
3    requirement during drug court program participation.
4    BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5        SECTION 1. AMENDMENT. Section 39-08-01.5 of the North Dakota Century Code is
6    amended and reenacted as follows:
7        39-08-01.5. Partial suspension of sentence for drug court program or veterans
8    treatment docket completion.
9        1.   Notwithstanding section 39-08-01, all:
10            a.     All but ten days of the minimum mandatory sentence required for a defendant
11                   charged with a third or subsequent violation of section 39-08-01 may be
12                   suspended on the condition the defendant successfully completes a drug court
13                   program or veterans treatment docket approved by the supreme court.
14            b.     If the drug court determines a defendant participating in a drug court program has
15                   substantially complied with the requirements of the drug court program, the drug
16                   court may suspend the defendant's electronic alcohol monitoring and sobriety
17                   breath testing requirement under the twenty-four seven sobriety program for the
18                   six months preceding completion of the drug court program.
19       2.   Upon successful completion of a drug court program or veterans treatment docket, a
20            defendant convicted of a felony under section 39-08-01 and sentenced to drug court or
21            veterans treatment docket is deemed to have been convicted of a misdemeanor.
22       3.   If a defendant convicted of a misdemeanor under section 39-08-01 is sentenced to
23            drug court or veterans treatment docket and successfully completes a drug court
                                               Page No. 1                        23.0112.02000
    Sixty-eighth
    Legislative Assembly
1           program or veterans treatment docket, the court shall dismiss the case and seal the
2           file in accordance with section 12.1-32-07.2.
                                           Page No. 2                       23.0112.02000
Statutes affected: 
INTRODUCED: 39-08-01.5
Enrollment: 39-08-01.5