North Dakota HB 1252: AN ACT to create and enact a new subsection to section 12.1‑34‑02 of the North Dakota Century Code, relating to rights of victims; to amend and reenact subsection 1 of section 12.1‑32‑02, subsection 1 of section 12.1‑32‑08, and subsection 10 of section 12.1‑34‑01 of the North Dakota Century Code, relating to contact with victims, the definition of victim, and restitution; and to declare an emergency.

Bill Text

19.0430.02000
Sixty-sixth
Legislative Assembly
of North Dakota
Introduced by
Representatives Louser, Becker, Blum, Kading, Kasper, K. Koppelman
Senators Burckhard, Hogue, Poolman, Unruh
A BILL for an Act to create and enact a new subsection to section 12.1-34-02 of the North 
Dakota Century Code, relating to rights of victims; and to amend and reenact subsection 1 of 
section 12.1-32-02, subsection 1 of section 12.1-32-08, and subsection 10 of section 
12.1-34-01 of the North Dakota Century Code, relating to contact with victims, the definition of 
victim, and restitution.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 1 of section 12.1-32-02 of the North Dakota 
Century Code is amended and reenacted as follows:
1.Every person convicted of an offense who is sentenced by the court must be 
sentenced to one or a combination of the following alternatives, unless the sentencing 
alternatives are otherwise specifically provided in the statute defining the offense or 
sentencing is deferred under subsection 4:
a.Payment of the reasonable costs of the person's prosecution.
b.Probation.
c.A term of imprisonment, including intermittent imprisonment:
(1)In a state correctional facility in accordance with section 29-27-07, in a 
regional corrections center, or in a county jail, if convicted of a felony or a 
class A misdemeanor.
(2)In a county jail or in a regional corrections center, if convicted of a class B 
misdemeanor.
(3)In a facility or program deemed appropriate for the treatment of the 
individual offender, including available community-based or faith-based 
programs.
Page No. 119.0430.02000
 HOUSE BILL NO. 1252
    
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(4)In the case of persons convicted of an offense who are under eighteen 
years of age at the time of sentencing, the court is limited to sentencing the 
minor defendant to a term of imprisonment in the custody of the department 
of corrections and rehabilitation.
d.A fine.
e.Restitution for damages resulting from the commission of the offense.
f.Restoration of damaged property or other appropriate work detail.
g.Commitment to an appropriate licensed public or private institution for treatment 
of alcoholism, drug addiction, or mental disease or defect.
h.Commitment to a sexual offender treatment program.
Except as provided by section 12.1-32-06.1, sentences imposed under this subsection 
may not exceed in duration the maximum sentences of imprisonment provided by 
section 12.1-32-01, section 12.1-32-09, or as provided specifically in a statute defining 
an offense. This subsection does not permit the unconditional discharge of an offender 
following conviction. A sentence under subdivision e or f must be imposed in the 
manner provided in section 12.1-32-08. If the person is sentenced to a term of 
imprisonment, the court may prohibit the person from contacting the victim during the 
term of imprisonment. For purposes of this subsection, "victim" means victim as 
defined in section 12.1  -  34    -  01.     
SECTION 2. AMENDMENT. Subsection 1 of section 12.1-32-08 of the North Dakota 
Century Code is amended and reenacted as follows:
1.Before imposing restitution or reparation as a sentence or condition of probation, the 
court shall hold a hearing on the matter with notice to the prosecuting attorney and to 
the defendant as to the nature and amount of restitution. The court, when sentencing a 
person adjudged guilty of criminal activities that have resulted in pecuniary damages, 
in addition to any other sentence the court may impose, shall order that the defendant 
make restitution to the victim or other recipient as determined by the court, unless the 
court states on the record, based upon the criteria in this subsection, the reason it 
does not order restitution or orders only partial restitution. Restitution must include 
payment to the owner of real property that is contaminated by the defendant in the 
manufacturing of methamphetamine for the cost of removing the contamination and 
Page No. 219.0430.02000
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returning the property to the property's condition before contamination and to any 
other person that has incurred costs in decontaminating the property. In determining 
whether to orderthe amount of restitution, the court shall take into account:
a.The the reasonable damages sustained by the victim or victims of the criminal 
offense, which damages are limited to those directly related to the criminal 
offense and expenses actually incurred as a direct result of the defendant's 
criminal action. This can include an amount equal to the cost of necessary and 
related professional services and devices relating to physical, psychiatric, and 
psychological care. The defendant may be required as part of the sentence 
imposed by the court