Bill Summary – FastDemocracy

23.1113.01000
     Sixty-eighth
     Legislative Assembly                     SENATE BILL NO. 2385
     of North Dakota
     Introduced by
       Senators Wobbema, Paulson, Vedaa
       Representative Koppelman
1    A BILL for an Act to create and enact a new section to chapter 12.1-23 of the North Dakota
2    Century Code, relating to prohibiting a political subdivision from seizing personal property
3    without due process; and to amend and reenact section 12.1-23-02 of the North Dakota Century
4    Code, relating to theft of property; and to provide a penalty.
5    BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6        SECTION 1. AMENDMENT. Section 12.1-23-02 of the North Dakota Century Code is
7    amended and reenacted as follows:
8        12.1-23-02. Theft of property.
9        A person is guilty of theft if hethe person:
10       1.   Knowingly takes or exercises unauthorized control over, or makes an unauthorized
11            transfer of an interest in, the property of another with intent to deprive the owner
12            thereofof the property;
13       2.   Knowingly obtains the property of another by deception or by threat with intent to
14            deprive the owner thereofof the property, or intentionally deprives another of histhe
15            owner of the property by deception or by threat; or
16       3.   Knowingly receives, retains, or disposes of property of another which has been stolen,
17            with intent to deprive the owner thereofof the property; or
18       4.   Is a public servant acting under governmental authority or color of law who knowingly
19            seizes or confiscates private property before providing the owner of the property with
20            due process of law.
21       SECTION 2. A new section to chapter 12.1-23 of the North Dakota Century Code is created
22   and enacted as follows:
                                                Page No. 1                        23.1113.01000
    Sixty-eighth
    Legislative Assembly
1       Theft by a political subdivision.
2       A political subdivision, including a home rule city or county, may not seize or confiscate an
3   individual's personal property from real property owned by the individual before providing the
4   owner with due process of law.
                                             Page No. 2                         23.1113.01000
Statutes affected: 
INTRODUCED: 12.1-23-02