North DakotaSB 20372025 Regular SessionSenateWALLET

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

Signed by Governor

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 3 benefits, 1 costs, 6 mixed.

Firearm bans after violent juvenile offenses

Children found delinquent for listed felonies involving violence or intimidation cannot own or possess firearms for 10 years after adjudication. For listed class A misdemeanors involving violence or intimidation, the ban lasts five years after adjudication. The misdemeanor must involve using or possessing a firearm, dangerous weapon, destructive device, or explosive. Equivalent offenses from another state or the federal government also count.

Driving suspensions for serious juvenile offenses

Courts may suspend a child’s driving privileges after delinquency for conduct that is an adult class A misdemeanor or felony. The maximum is six months for a first qualifying offense and one year for a second or later offense. Courts may require a driver’s exam before restoring driving privileges. Records are confidential and releasable only to law enforcement for law-enforcement work, not other jurisdictions’ licensing officials. Records must be destroyed when the suspension ends.

Limits on ordering child sex-offender registration

Juvenile courts can order sex-offender registration for children found delinquent for an offense that classifies them as sexual offenders. The prosecutor must first request that the court consider registration. The court must find mental abnormality or predatory conduct in the offense, or a prior adjudication as a sexual offender.

Responsibility reviews and oversight for children

Children age 10 or older can be assessed for criminal responsibility. When fitness to proceed or criminal responsibility is questioned, juvenile courts must make the required findings. A child not adjudicated because of lack of criminal responsibility stays under juvenile court authority for one year. When that authority ends, or the child is discharged earlier, the court may order an investigation into starting child-protection proceedings.

Tobacco use can trigger child services

Children under 14 may enter the child-in-need-of-services process after buying, possessing, smoking, or using listed tobacco or nicotine products. These include electronic smoking devices and alternative nicotine products. The child must need treatment or rehabilitation. The conduct no longer has to violate the separate tobacco purchase-and-possession law.

Narrower registration trigger for outside cases

One registration rule covers qualifying offenses from another court when no North Dakota court has already ordered registration. It applies to people living, homeless, or temporarily staying in North Dakota. An adjudication alone is no longer listed as a trigger under this rule. A guilty plea, no-contest plea, or finding of guilt remains a trigger; this is not a blanket registration exemption.

New safeguards for juvenile court petitions

The director, court, or an authorized reviewer must check whether filing a delinquency petition serves the public’s and child’s best interests. Petitions cannot list the offense’s adult class level unless that detail is a necessary element of the alleged conduct.

Intimate-image protections now cover minors

The offense of sharing intimate images without consent now covers depicted people of any age, including minors. The distributor must knowingly or intentionally share the image with someone else and know the depicted person did not consent. The image must have been created or provided with a reasonable expectation of privacy. Sharing must cause actual emotional distress or harm.

Schools gain discretion over activity bans

School districts may, rather than must, bar students from extracurricular activities based on a qualifying conviction, plea, or court order. Covered orders now include no-contact orders protecting a student or school employee, signed by a district judge or judicial referee. These added orders must come from a delinquency or criminal case. The principal must receive information about the offense or order, including notice from the victim or person protected by the order.

Domestic-violence law covers teen dating abuse

The domestic-violence offense applies to people under 18 when the victim is or was their dating partner. It also applies when they have a child together. This extends domestic-violence protections to victims and legal consequences to minors who commit the offense.

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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