North DakotaHB 13282025 Regular SessionHouseWALLET

AN ACT to amend and reenact section 27-20.4-05.1 of the North Dakota Century Code, relating to delinquency referrals to juvenile court.

Sponsored By: Pat D. Heinert (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

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

Schools try help first for minor school offenses

For infractions or misdemeanors on school property, a school must try and document interventions before sending a case to juvenile court. The school must exhaust its discipline policies and include which supports or approaches were tried. There are exceptions: drug-related offenses (title 19); offenses against a person (chapters 12.1-17, 12.1-31.2, 14-07.1); sex offenses (chapters 12.1-20, 12.1-27.1, 12.1-27.2, 12.1-29); or any offense with a firearm, weapon, or dangerous weapon (section 62.1-01-01). A school employee or a police officer may make a referral. A police referral must be based on reasonable grounds and knowledge of the facts.

Police rules and 24-hour timeline at schools

Police can investigate school incidents and, where the law allows, conduct probable cause searches. They may consult school staff, refer cases, transport a child, and take temporary or protective custody to keep students safe. If an officer takes your child into custody under section 27-20.4-05, the officer must send the referral to juvenile court within 24 hours.

Schools counted as custodians in juvenile cases

The law counts your child’s public or private school as a custodian in juvenile cases. The school can receive notices and act in some custodial roles under the juvenile process. Parents and legal guardians keep their existing roles.

Sponsors & Cosponsors

Sponsor

  • Pat D. Heinert

    Republican • House

Cosponsors

  • Dori Hauck

    Republican • House

  • Jim Jonas

    Republican • House

  • Lisa Meier

    Republican • House

  • Scott Wagner

    Republican • House

  • Diane Larson

    Republican • Senate

  • Donald Schaible

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 137 • No: 0

Senate vote 3/13/2025

Second reading, passed, yeas 47 nays 0

Yes: 47 • No: 0

House vote 2/17/2025

Second reading, passed, yeas 90 nays 0

Yes: 90 • No: 0

Actions Timeline

  1. Filed with Secretary Of State 03/20

    3/24/2025House
  2. Signed by Governor 03/19

    3/21/2025House
  3. Sent to Governor

    3/18/2025House
  4. Signed by Speaker

    3/18/2025House
  5. Signed by President

    3/17/2025Senate
  6. Returned to House

    3/14/2025House
  7. Second reading, passed, yeas 47 nays 0

    3/13/2025Senate
  8. Reported back, do pass, place on calendar 5 0 1

    3/12/2025Senate
  9. Committee Hearing 11:30

    3/12/2025Senate
  10. Introduced, first reading, referred Education Committee

    2/18/2025Senate
  11. Received from House

    2/18/2025Senate
  12. Second reading, passed, yeas 90 nays 0

    2/17/2025House
  13. Amendment adopted, placed on calendar

    2/13/2025House
  14. Reported back amended, do pass, amendment placed on calendar 12 0 2

    2/12/2025House
  15. Committee Hearing 09:30

    1/21/2025House
  16. Introduced, first reading, referred Judiciary Committee

    1/13/2025House

Bill Text

  • Adopted by the House Judiciary Committee

  • Enrollment

  • FIRST ENGROSSMENT

  • INTRODUCED

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