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., the official text

Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1328 (Representatives Heinert, Hauck, Jonas, Meier, Wagner)
(Senators Larson, Schaible)
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.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 27-20.4-05.1 of the North Dakota Century Code is amended
and reenacted as follows: 27-20.4-05.1. Method of making a delinquency referral to juvenile court. 1. A referral alleging a child has committed a delinquent act may be made to the juvenile court by an employee of a public or nonpublic school attended by the child or a law enforcement officer who has reasonable grounds and knowledge of the facts alleged and believes such facts are true. 2. If a child is taken into custody on the alleged delinquent act, the law enforcement officer shall send the referral to the juvenile court within twenty-four hours after the time in which the minor is taken into custody under section 27-20.4-05. 3. A child who commits an infraction or misdemeanor offense on school property may not be referred to the juvenile court unless school interventions have been unsuccessful and documentation of internal or external consultations is included with the referral indicating which interventions or educational approaches were attempted. A school shall exhaust all school discipline policies before referring a child to juvenile court. a. A school is not required to engage in interventions before referring a case for the following misdemeanor offenses: (1) Drug-related offenses under title 19; (2) Offenses against a person under chapter 12.1-17, 12.1-31.2, or 14-07.1; (3) Sex offenses under chapters 12.1-20, 12.1-27.1, 12.1-27.2, and 12.1-29; and (4) Any offense involving a firearm, weapon, or dangerous weapon as defined in section 62.1-01-01. b. A law enforcement officer may: (1) Investigate possible delinquent offenses and conduct occurring at a school, including conducting probable cause searches; (2) Consult with school staff about the conduct of a child enrolled in a school; (3) Refer a child to the juvenile court for a delinquent offense occurring on school grounds or on school property as allowed by this section; (4) Transport a child enrolled in a school to a location permitted by law; (5) Take temporary custody of a child in accordance with section 27-20.4-05 or protective custody of a child in accordance with section 27-20.3-06; and

H. B. NO. 1328 - PAGE 2 (6) Protect the safety of students and the school community.

H. B. NO. 1328 - PAGE 3

____________________________ Speaker of the House

____________________________ President of the Senate

____________________________ Chief Clerk of the House

____________________________ Secretary of the Senate

This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No. 1328.

House Vote: Senate Vote:

Yeas 90 Yeas 47

Nays 0 Nays 0

Absent 4 Absent 0

____________________________ Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025. Approved at ________M. on __________________________________________________, 2025.

____________________________ Governor
Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State