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Columnists - Written by Mandan News on Thursday, July 30, 2009 14:41 - 0 Comments

Paul Leingang: Changes in local law

Layout 1 (Page 1)

At the end of every legislative session, law enforcement officers from around the state have to acquaint themselves with any relevant changes that were made to the criminal code and traffic code. The North Dakota Law Enforcement Training Academy typically assists law enforcement agencies across the state by providing a training video and other literature on the changes made to the codes.

Here are a few of the changes from the last session that may interest you. For more detailed information on these changes and many others, refer to www.legis.nd.gov.

 

HB 1040 – Law enforcement agency may not refuse to accept a missing person report.

HB 1088 – Explains the judicial process required for law enforcement to obtain state tax return information.

HB 1095 – A child-placing agency shall require a criminal history record investigation on the owner and each employee of a child-placing agency who has direct contact with families, with children, or with both.

HB 1132 – Law enforcement officer is not to take license after DUI testing. Additionally, the third day after the mailing of the temporary operator’s permit is considered the date of issuance.

HB 1184 – Law enforcement in any jurisdiction where any part of identity theft occurred to take report.

HB 1186 – Surreptitiously created nude photos is an A misdemeanor. Knowingly distributing nude photos without consent of the individual is a B misdemeanor.

HB 1188 – Exploitation of wildlife is a class C Felony. Multiple misdemeanor offenses (either five or seven) during a two-year period trigger this new section.

HB 1219 – Drivers involved in fatal crashes must be compelled to provide test for alcohol and drugs if probable cause to believe DUI or violation of 39-06.1-09.

HB 1223 – Jail or correctional administrators can decide to allow electronic monitoring at the defendant’s expense.

HB 1272 – Defines coercion and expands sexual imposition crimes to include coercive acts.

HB 1287 – NDDOT can suspend licenses upon criminal conviction of DUI regardless of BAC.

HB 1291 – A court may authorize electronic monitoring as a condition of bail for domestic violence.

HB 1451 – An individual who willfully violates a burning ban established by a local order or proclamation is guilty of a class B misdemeanor.

SB 2114 – C Felony to deliver a wireless electronic communication device to an inmate or for the inmate to possess a wireless electronic communication device.

SB 2115 – A person convicted of a felony but sentenced to imprisonment of less then a year is deemed to be convicted of a misdemeanor after, not before, successful completion of probation.

SB 2150 – Identification needed before registering a vehicle.

SB 2172 – Law enforcement work schedules exempt from open records.

SB 2210 – Increases the penalty for killing or injuring a law enforcement animal to a C felony. Creates an A misdemeanor for harassing or interfering with a law enforcement animal or handler.

SB 2211 – Creates a class C felony to kill or injury a service animal and creates an A misdemeanor to harass or interfere with the service animal.

SB 2216 – Attorney general to pay for acute forensic medical examination or any preliminary medical screening examination.

SB 2217 – Any persons who fails to ensure that a child is attending school is guilty of an infraction for a first offense and is guilty of a class B misdemeanor for a second or subsequent offense. Creates an affirmative defense if person made substantial and reasonable efforts to comply.

SB 2279 – Investigating agency as well as DOT may release officer’s accident report.



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