Criminal Justice

HB 1328 amends North Dakota law to change how schools and law enforcement refer students for minor offenses to juvenile court. It requires schools to first try disciplinary measures (like counseling or suspensions) before referring students for non-serious offenses on school property, unless the offense involves drugs, violence, sex crimes, or weapons. The bill also updates the definition of "custodian" to include school staff with legal responsibility for a child. These changes directly affect school officials, law enforcement, and students in North Dakota schools.

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.