This bill changes how North Dakota classifies petty theft of property worth $500 or less. For first offenses, it makes such theft a class B misdemeanor (a misdemeanor penalty) if committed through shoplifting or if specific conditions are met (e.g., no threat, deception in a fiduciary relationship, or the defendant not being a public servant or financial employee). Repeat offenses within specified timeframes escalate penalties: second/third offenses become class A misdemeanors, and fourth or subsequent offenses become class C felonies. Courts must also provide written notice to defendants about potential enhanced penalties for repeat offenses under this law.
Relating to the cost of digital forensic examinations and the establishment of an internet crime investigation fund; to provide a continuing appropriation; and to provide a penalty.
This bill amends North Dakota Century Code Section 12.1-32-06.1 to clarify that supervised probation begins only after a court's alternative sentencing order becomes final, not immediately upon sentencing. It directly affects individuals sentenced to probation instead of incarceration, ensuring probation supervision starts once the court order is confirmed. The key change delays the probation start date until the court's order is officially effective, resolving ambiguity in the prior law. This is a technical procedural adjustment to sentencing timing, not a substantive policy shift.
HB 1030 renames "drug court" programs to "treatment court" across multiple North Dakota statutes, focusing on rehabilitation rather than punitive measures. It directly affects courts, judges, and individuals participating in these specialized programs by updating terminology in legal codes. The bill does not create new programs or funding but adjusts existing court procedures to align with the treatment-focused approach. The legislation was signed into law by the Governor on March 14, 2025, and is now effective.
HB 1301 would require North Dakota courts to explicitly prohibit probationers from possessing firearms, destructive devices, or dangerous weapons as a standard condition of probation, except for specific first-time misdemeanor offenses under certain sections (like minor traffic violations or low-level drug offenses) if the court makes a documented finding of "good cause" to waive the ban. It also adds new probation conditions like community service, electronic monitoring, and strict rules against failing urine tests, while prohibiting firearm bans for most other misdemeanors. The bill applies to all probation sentences imposed after its effective date. This would directly affect individuals on probation for most crimes, limiting their access to firearms unless specific legal exceptions apply.
Relating to the costs of a defendant's prosecution, the cost of a presentence investigation and report, reimbursement of indigent defense costs and expenses, the fee for the indigent defense services application, the court administration fee, and the community service supervision fee; to repeal sections 12.1‑32‑02.2, 27‑01‑10, 27‑05.2‑08, 27‑05.2‑09, and 27‑05.2‑10 of the North Dakota Century Code, relating to repayment of rewards paid by crimestoppers programs, the fee for crime victim and witness programs, and the court facilities improvement and maintenance fund; and to provide for application.
