Criminal Justice (Domestic Violence)

HB 1336 modifies North Dakota law to require courts to issue orders prohibiting contact between defendants and victims in cases involving crimes of violence, stalking, harassment, or sex offenses when defendants are released before trial. These orders must be provided to victims, entered into state and federal crime databases within one business day, and can be modified or terminated by court order upon request. Violating such an order is a class A misdemeanor, and law enforcement must arrest individuals without a warrant if probable cause exists. The bill directly affects victims in these specific criminal cases and defendants released pre-trial, with key changes focusing on mandatory contact orders and electronic database reporting.

This bill (SB 2209) prevents victims of sexual assault, domestic violence, and child abuse/neglect from being charged for medical exams used to gather crime evidence. It requires North Dakota's Attorney General to reimburse healthcare providers and children's advocacy centers for these exams using a $200,000 state appropriation. The law ensures victims (including children) and their guardians won't face direct billing for forensic exams or preliminary screenings. Evidence collected under this law cannot be used against victims for unrelated offenses. The funding supports domestic violence examiner programs and requires reporting on how funds are used and victim outcomes.

SB 2165 amends North Dakota laws governing peace officer licensing, directly affecting current and prospective law enforcement officers. The bill expands the Peace Officer Standards and Training Board's authority to require medical or psychological evaluations of officers for public safety, and allows the board to access medical records without standard privacy restrictions. It also clarifies grounds for license denial or suspension, including felony convictions, domestic violence offenses, use of unjustified force, or false statements during licensing. The bill updates fee structures for applications, renewals, and other licensing actions, and specifies that medical information provided to the board is exempt from typical privacy protections. These changes aim to strengthen licensing oversight while streamlining administrative processes.

HB 1411 prohibits North Dakota state agencies, courts, and political subdivisions from adopting, implementing, or enforcing "extreme risk protection provisions" - rules or court orders that temporarily restrict firearm access for individuals deemed a risk to themselves or others. The bill explicitly bans such provisions (excluding domestic violence or mental health orders) and states that violating this prohibition is a class B felony. It also prevents state agencies from using public funds to support any related enforcement. This bill directly affects courts, law enforcement, and state agencies by blocking the implementation of "red flag" laws at the state level.

SB 2289 requires law enforcement officers in North Dakota to be notified when a domestic violence protection order is issued. This bill directly affects victims of domestic violence and the police officers responding to related incidents. The key provision mandates that courts must disclose these protection orders to law enforcement agencies, ensuring officers have immediate access to critical safety information during responses. This change aims to improve officer awareness and victim safety without altering the legal standards for obtaining protection orders.