North DakotaHB 10302025 Regular SessionHouse

AN ACT to amend and reenact subdivision i of subsection 1 of section 12.1-32-02, sections 15.1-19-13 and 19-03.1-23, subsection 6 of section 19-03.4-03, subsection 17 of section 27-20.2-01, subsection 26 of section 27-20.4-01, subdivision c of subsection 4 of section 27-20.4-17, subsection 4 of section 27-20.4-26, subsection 5 of section 29-26-22, section 39-06-36.1, subsection 9 of section 39-06.1-11, subdivision f of subsection 5 of section 39-08-01, and sections 39-08-01.5 and 54-12-27.1 of the North Dakota Century Code relating to changing drug court to treatment court.

Sponsored By: Legislative Management

Became Law

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

Treatment court can cut DUI penalties

Finishing an approved treatment court program can sharply reduce DUI penalties. For a third or later DUI, the court can suspend all of the minimum jail time except 10 days when you complete the program. A felony DUI is treated as a misdemeanor after you complete an approved program. A misdemeanor DUI must be dismissed and the file sealed after you complete an approved program, following state sealing rules.

Finish treatment, reduce or clear records

If you finish an approved adult treatment court program, the court can waive all unpaid fines, fees, and costs from that case; this does not cover restitution. If you were convicted of a listed felony and complete an approved treatment docket, the conviction is treated as a misdemeanor. If you were convicted of a listed misdemeanor and complete the docket, the court must dismiss the case and seal the file under state law.

License help for treatment court participants

If you finish an approved adult treatment court and the judge orders it, the state restores your noncommercial driver’s license with no reinstatement fee. A judge can also order a temporary restricted license while you are in the program; you must apply with proof of insurance, the court order, and pay the reinstatement fee. Courts can pause your 24/7 sobriety program time while you are in treatment court and on supervised probation, and must give you a waiver certificate. The transportation director must treat that waiver like active 24/7 participation when issuing a temporary restricted license. If you are in substantial compliance, the court can stop electronic alcohol monitoring and daily breath tests for the last six months before you finish.

Courts steer people to treatment, not jail

The Supreme Court approves and oversees treatment court programs that combine judicial supervision, testing, and licensed substance use treatment. Judges can order addiction evaluations before sentencing in controlled‑substance cases. Courts can suspend sentences but require you to complete evaluation and any needed treatment under court direction; failing evaluation or treatment can revoke probation and trigger the sentence. Judges can place you in a treatment program or treatment court as part of probation, and time there counts as time in custody.

Small marijuana cases: sealing and education

You may ask the court to seal a first conviction for one ounce or less of marijuana or two grams or less of THC after two years with no new convictions. Once sealed, the record cannot be opened. If you are under 21, the court may order an alcohol and drug education program for a first small‑possession offense, and must order it for a second or later offense.

Juvenile treatment court and school reporting

The Supreme Court can set up juvenile treatment courts that supervise youth after a petition or adjudication and connect them to recovery services. Juvenile judges can order a child to join a juvenile treatment court and may waive the child’s 24/7 sobriety requirement. Teachers must tell the principal if they know or suspect a student has alcohol or drugs at school or school events. This duty does not apply to confidential information a teacher or administrator learns through juvenile treatment court work.

Sponsors & Cosponsors

Sponsor

  • Legislative Management

    Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 135 • No: 2

Senate vote 3/7/2025

Second reading, passed, yeas 46 nays 1

Yes: 46 • No: 1

House vote 1/10/2025

Second reading, passed, yeas 89 nays 1

Yes: 89 • No: 1

Actions Timeline

  1. Filed with Secretary Of State 03/14

    3/19/2025House
  2. Signed by Governor 03/14

    3/18/2025House
  3. Sent to Governor

    3/13/2025House
  4. Signed by Speaker

    3/13/2025House
  5. Signed by President

    3/12/2025Senate
  6. Returned to House

    3/10/2025House
  7. Second reading, passed, yeas 46 nays 1

    3/7/2025Senate
  8. Reported back, do pass, place on calendar 7 0 0

    2/21/2025Senate
  9. Committee Hearing 10:00

    2/17/2025Senate
  10. Introduced, first reading, referred Judiciary Committee

    2/5/2025Senate
  11. Received from House

    1/13/2025Senate
  12. Second reading, passed, yeas 89 nays 1

    1/10/2025House
  13. Reported back, do pass, place on calendar 13 1 0

    1/10/2025House
  14. Committee Hearing 03:00

    1/8/2025House
  15. Introduced, first reading, referred Judiciary Committee

    1/7/2025House

Bill Text

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