North DakotaSB 20372025 Regular SessionSenate

AN ACT to create and enact three new sections to chapter 27-20.4 of the North Dakota Century Code, relating to juvenile court petitions, fitness to proceed in juvenile court proceedings, and collateral consequences the juvenile court may order; to amend and reenact sections 12.1-04.1-01, 12.1-04.1-20, and 12.1-17-01.2, subsection 2 of section 12.1-17-07.2, section 12.1-20-01, subsections 2 and 6 of section 12.1-31-03, sections 12.1-32-15 and 15.1-09-33.4, subsection 6 of section 27-20.2-01, subsection 3 of section 27-20.2-09, subsection 5 of section 27-20.4-11, subsection 1 of section 27-20.4-18, subsection 1 of section 27-20.4-20, and section 62.1-02-01 of the North Dakota Century Code, relating to lack of criminal responsibility, court jurisdiction, distribution of intimate images without consent, domestic violence, criminality of a child regarding sex offenses, sale and use of tobacco by an individual under the age of twenty-one, child registration requirements, restitution, probation of a delinquent child, extracurricular activities for students, and persons not allowed to possess a firearm; to repeal sections 27-20.4-12, 27-20.4-13, and 27-20.4-19 of the North Dakota Century Code, relating to delinquency; to provide an appropriation; and to provide a penalty.

Sponsored By: Legislative Management

Became Law

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 0 benefits, 3 costs, 5 mixed.

Parents may owe up to $5,000

If a child is adjudicated delinquent, the court can order the parent to pay restitution on the child’s behalf. The parent’s amount cannot be more than $5,000. This is in addition to any restitution the child owes.

Extra limits after juvenile adjudication

After a delinquency finding, the court can add limits. The court can require sex‑offender registration when the law applies, bar firearm possession, and suspend driving up to six months for a first offense and up to one year for later offenses. The court holds the license, keeps records confidential, and destroys them when the suspension ends; a driving exam may be required to get the license back. The court can also block extracurricular activities. Separately, school boards may bar students from extracurriculars after certain convictions or protection orders, and principals can act on court records or victim notice.

Expanded gun bans after crimes

People convicted of violent felonies are barred from having guns for 10 years. Other felony convictions or certain class A misdemeanors involving firearms carry a 5‑year ban. Juveniles adjudicated for violent felonies face a 10‑year ban; certain class A misdemeanors involving firearms or dangerous devices carry a 5‑year ban. Under 18, you may not possess a handgun except with direct adult supervision for safety training, target shooting, or hunting. Bans tied to mental commitments apply unless the disability has been absent for three years or a court grants relief; violations bring criminal penalties.

Juvenile case reviews and shorter supervision

Before a delinquency case is filed, a court‑authorized reviewer checks if filing is in the child’s and public’s best interest, and the state’s attorney files and serves the petition with parents’ addresses. Informal agreements and advisory counseling last up to six months, with one extension up to six more months. An extension cannot be used to detain a child. For driving offenses, conditions may limit a child’s license under the suspension law. Probation is supervised by the director unless the youth is over 18 and needs Corrections supervision, and the law repeals three older juvenile‑delinquency sections.

Mental fitness rules and funded evaluations

If a juvenile case raises fitness or criminal‑responsibility issues, the court must decide both. A person is not criminally responsible if a mental disease or defect left them unable to understand the harm or reality; voluntary intoxication alone does not qualify. The standard applies to people age 10 or older and to crimes that require a willful act. After a not‑guilty by reason of lack of criminal responsibility finding, the court keeps jurisdiction up to the maximum prison term for the top charge; for a child not adjudicated for that reason, juvenile jurisdiction lasts one year and the court may order commitment or start child‑in‑need steps. The state provides $300,000 for juvenile fitness‑to‑proceed evaluations for July 1, 2025 through June 30, 2027.

Under‑21 tobacco rules and penalties

People ages 18–20 who buy, have, or use tobacco, e‑cigs, or alternative nicotine products commit a noncriminal offense and must pay $25 per violation. Ages 14–17 commit an infraction and are sent to juvenile court. A child under 14 who violates these rules is treated as a child in need of services. Someone under 21 may take part in a compliance survey to buy and possess tobacco only with a parent’s permission and under law‑enforcement supervision.

Domestic-violence rules for minors

For people under 18, domestic‑violence law applies only if the victim is or was dating the minor or they share a child. The law keeps the listed crimes and penalties in place for those cases. These cases proceed in district court.

Sex images, age gaps, and registration

Sharing an intimate image of an adult without consent is a crime when the person reasonably expected privacy and the sharing causes real emotional harm. For age‑based sex offenses, not knowing age is no defense if the victim is under 15. If the victim is 15 or older, the actor is guilty only if at least three years older; the same three‑year gap applies when the actor is a minor and the victim is under 15. Courts must order registration for qualifying sex offenses; a person must register within three days of coming into a county, and a homeless person must register every three days. Courts can allow limited relief for close‑in‑age, non‑predatory juvenile matters; failing to register is a class C felony.

Sponsors & Cosponsors

Sponsor

  • Legislative Management

    Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 157 • No: 27

Senate vote 4/15/2025

Second reading, passed, yeas 45 nays 1

Yes: 45 • No: 1

House vote 4/10/2025

Second reading, passed as amended, yeas 66 nays 26

Yes: 66 • No: 26

Senate vote 2/11/2025

Second reading, passed, yeas 46 nays 0

Yes: 46 • No: 0

Actions Timeline

  1. Filed with Secretary Of State 04/22

    4/24/2025House
  2. Signed by Governor 04/21

    4/23/2025Senate
  3. Sent to Governor

    4/18/2025Senate
  4. Signed by President

    4/18/2025Senate
  5. Signed by Speaker

    4/18/2025House
  6. Second reading, passed, yeas 45 nays 1

    4/15/2025Senate
  7. Concurred

    4/15/2025Senate
  8. Returned to Senate (12)

    4/10/2025Senate
  9. Second reading, passed as amended, yeas 66 nays 26

    4/10/2025House
  10. Amendment adopted, placed on calendar

    4/9/2025House
  11. Reported back amended, do pass, amendment placed on calendar 17 4 2

    4/8/2025House
  12. Rereferred to Appropriations

    3/27/2025House
  13. Amendment adopted

    3/27/2025House
  14. Reported back amended, do pass, amendment placed on calendar 8 5 1

    3/26/2025House
  15. Committee Hearing 09:00

    3/5/2025House
  16. Introduced, first reading, referred Judiciary Committee

    2/18/2025House
  17. Received from Senate

    2/12/2025House
  18. Second reading, passed, yeas 46 nays 0

    2/11/2025Senate
  19. Amendment adopted, placed on calendar

    2/10/2025Senate
  20. Reported back amended, do pass, amendment placed on calendar 16 0 0

    2/7/2025Senate
  21. Committee Hearing 10:00

    2/5/2025Senate
  22. Rereferred to Appropriations

    1/17/2025Senate
  23. Amendment adopted, placed on calendar

    1/16/2025Senate
  24. Reported back amended, do pass, amendment placed on calendar 7 0 0

    1/15/2025Senate
  25. Committee Hearing 09:30

    1/14/2025Senate

Bill Text

  • Adopted by the House Judiciary Committee

  • Adopted by the Senate Judiciary Committee

  • Enrollment

  • FIRST ENGROSSMENT

  • INTRODUCED

  • Prepared by the Legislative Council staff for House Appropriations - Human Resources Division Committee

  • Prepared by the Legislative Council staff for Senate Appropriations - Human Resources Division Committee

  • SECOND ENGROSSMENT

  • SECOND ENGROSSMENT with House Amendments

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