North DakotaHB 13052025 Regular SessionHouseWALLET

AN ACT to amend and reenact section 12.1-22-03 and subsection 1 of section 12.1-22-06 of the North Dakota Century Code, relating to criminal trespass; and to provide a penalty.

Sponsored By: Jim Kasper (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Sheriff help to remove unlawful occupants

The law lets a property owner or authorized agent ask the sheriff to remove someone unlawfully occupying a home. You must file a sworn complaint, show a government ID or agent authority, and state these facts under penalty of perjury. You can use this only if the person entered without permission, the property was not open to the public, you told them to leave, they are not a current or former tenant, not your immediate family, no related case is pending, and they are not on title unless you allege title fraud. The sheriff verifies records, removes the person, and can stay to keep the peace while you change locks; the sheriff may charge a reasonable hourly rate. If a removal is wrongful, the person can be restored to the home and recover actual damages, court costs, attorney fees, and damages equal to three times the fair‑market rent.

Stronger penalties for home trespass

Entering or staying in someone else’s dwelling or in highly secured premises is a class C felony. Unlawfully occupying the same home again becomes a class B felony. Entering or staying in a building, occupied or storage structure, or a fenced or enclosed place is a class A misdemeanor. Licensed hunters and anglers who are lawfully hunting or fishing are exempt. Staying after an authorized person asks you to leave is a class B misdemeanor, rising to a class A misdemeanor for a second time within two years.

Crime for fake leases or deeds

Knowingly using a fake lease, deed, or similar document to claim the right to stay on a property is a class A misdemeanor. This targets people who use false papers to keep or gain possession.

Posted land rules and $250 tickets

A no‑trespassing sign must show the poster’s name in clear letters. Entering after posted notice is a class B misdemeanor; a second time within two years is a class A misdemeanor. For posted or fenced land, a peace officer may issue a noncriminal citation with a $250 fine for each violation. The officer cannot hold you for the bond, and you can ask for a hearing. Getting this ticket blocks some criminal trespass charges for the same act.

Sponsors & Cosponsors

Sponsor

  • Jim Kasper

    Republican • House

Cosponsors

  • Glenn Bosch

    Republican • House

  • Craig Headland

    Republican • House

  • Ben Koppelman

    Republican • House

  • Scott Louser

    Republican • House

  • Mike Motschenbacher

    Republican • House

  • Vicky Steiner

    Republican • House

  • David A. Clemens

    Republican • Senate

  • Claire Cory

    Republican • Senate

  • Scott Meyer

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 221 • No: 0

House vote 4/7/2025

Second reading, passed, yeas 89 nays 0

Yes: 89 • No: 0

Senate vote 3/26/2025

Second reading, passed as amended, yeas 47 nays 0

Yes: 47 • No: 0

House vote 2/13/2025

Second reading, passed, yeas 85 nays 0

Yes: 85 • No: 0

Actions Timeline

  1. Filed with Secretary Of State 04/17

    4/21/2025House
  2. Signed by Governor 04/15

    4/18/2025House
  3. Sent to Governor

    4/14/2025House
  4. Signed by Speaker

    4/14/2025House
  5. Signed by President

    4/9/2025Senate
  6. Second reading, passed, yeas 89 nays 0

    4/7/2025House
  7. Concurred

    4/7/2025House
  8. Returned to House (12)

    3/27/2025House
  9. Second reading, passed as amended, yeas 47 nays 0

    3/26/2025Senate
  10. Amendment adopted, placed on calendar

    3/25/2025Senate
  11. Reported back amended, do pass, amendment placed on calendar 7 0 0

    3/24/2025Senate
  12. Committee Hearing 09:00

    3/18/2025Senate
  13. Introduced, first reading, referred Judiciary Committee

    2/17/2025Senate
  14. Received from House

    2/14/2025Senate
  15. Second reading, passed, yeas 85 nays 0

    2/13/2025House
  16. Amendment adopted, placed on calendar

    2/12/2025House
  17. Reported back amended, do pass, amendment placed on calendar 12 1 1

    2/11/2025House
  18. Committee Hearing 10:30

    1/27/2025House
  19. Introduced, first reading, referred Judiciary Committee

    1/13/2025House

Bill Text

  • Enrollment

  • FIRST ENGROSSMENT

  • FIRST ENGROSSMENT with Senate Amendments

  • INTRODUCED

  • Prepared by the Legislative Council staff for Representative Klemin

  • Prepared by the Legislative Council staff for Senator Braunberger

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