WeVote
Log In

Bill

Bill

SB 2326

A BILL for an Act to amend and reenact sections 12.1-31-01.2 and 14-07.1-02 of the North Dakota Century Code, relating to sexual assault restraining orders and domestic violence protection orders; and to provide for application.

69th Legislative Assembly (2025-26) Introduced by Josh Boschee and 4 co-sponsors

Establishes a statutory sexual-assault restraining order process with defined filing, interim relief, and confidentiality, plus stronger DV protections and enforcement.

Second reading, failed to pass, yeas 0 nays 94
0
WeVote Research Nonpartisan
Bill Summary · SB 2326

Summary — SB 2326 (North Dakota)

A bill to amend and reenact NDCC sections 12.1‑31‑01.2 and 14‑07.1‑02, relating to sexual‑assault restraining orders and domestic‑violence protection orders.

Purpose / Intent

Clarify and expand statutory procedures and protections for victims of sexual assault and domestic violence by (1) creating a statutory sexual assault restraining order process with defined filing requirements, interim relief, timelines, confidentiality, and enforcement mechanisms; and (2) amending the domestic violence protection order statute to clarify who may file, service and hearing timelines, and available relief.

Key provisions

Sexual‑assault restraining orders (amendment to 12.1‑31‑01.2)

  • Defines “sexual assault” as any nonconsensual offense in chapter 12.1‑20 where a sexual act or sexual contact is an element.
  • Who may file: the sexual‑assault victim or the parent/stepparent/guardian of a minor who reasonably believes the minor is a victim.
  • Petition requirements: must name alleged victim and alleged assailant, allege facts showing assault, and include a sworn affidavit with specific facts.
  • Temporary relief: court may issue a temporary sexual‑assault restraining order pending a full hearing if reasonable grounds are alleged.
  • Prohibitions in orders: ban harassment/stalking/threats; prohibit appearing at the victim’s residence, school, or workplace; prohibit contact with the victim.
  • Scope: orders may be entered only against the named respondent; relief duration may not exceed two years.
  • Service: may be served by publication under Rule 4 if necessary.
  • Confidentiality: victim’s name in the protection order is confidential and must be redacted from otherwise public records.
  • Assistance: a state's attorney may advise and help prepare documents for restraining orders notwithstanding limits in another statute.
  • Fees: no filing or service fees may be charged to petitioners seeking relief due to sexual assault.
  • Closed hearings: hearings on these petitions are closed to the public; specified persons (parties, counsel, state’s attorney, certified advocates, witnesses, victims) may attend.

Penalties & enforcement

  • The order must conspicuously notify respondents what conduct violates the order, that violation is a class A misdemeanor, and that peace officers may arrest without a warrant on probable cause.
  • Violation of a known order is a class A misdemeanor and contempt of court; a second or subsequent violation of a protection order is a class C felony.
  • Clerks must transmit a copy of a granted restraining order by the close of business the same day to the local law enforcement agency with jurisdiction over the victim’s residence.

Domestic‑violence protection orders (amendment to 14‑07.1‑02)

  • Clarifies who may bring an action: any family or household member; or any other person if the court finds the relationship sufficient to warrant relief.
  • Hearing timeline: court must set a hearing within 14 days (or later for good cause).
  • Service: must attempt personal service first and provide at least 5 days’ notice before the hearing; publication permitted if personal service cannot be completed.
  • Relief permitted (upon showing of actual or imminent domestic violence) includes restraining orders, exclusion from shared dwelling, temporary child custody/visitation, and other protections the court finds necessary. (Text truncated in source but follows existing statute’s relief structure.)

Who is affected

  • Victims of sexual assault and victims of domestic violence (including minors).
  • Individuals named as respondents to restraining/protection orders.
  • Clerks, district courts, prosecutors (state’s attorneys), law enforcement agencies, and certified domestic violence/sexual assault advocates.
  • Potential criminal consequences for respondents who violate orders.

Procedural / timeline aspects

  • Petition and affidavit required to start sexual‑assault restraining order process.
  • Temporary orders may be issued pending hearing; hearings generally within 14 days.
  • Service rules require personal service attempts and permit publication if necessary.
  • Clerks must notify local law enforcement by end of the business day when an order is issued.

Legislative status and sponsors

  • Introduced March 12, 2025. Sponsors listed in the ND version: Senators Boschee, Cleary, Larson; Representatives Satrom, Schneider.
  • Status reported in provided material: Second reading — failed to pass (yeas 0, nays 94). (Source includes this status; consult official legislative records for confirmation.)

Notes / potential impacts

  • Strengthens procedural access and confidentiality for sexual‑assault victims; creates explicit misdemeanor/felony penalties and immediate law‑enforcement notification requirements.
  • Removes filing fees for sexual‑assault petitioners and explicitly permits prosecutorial assistance in preparation.
  • Administrative impacts: courts, clerks, and law enforcement will have increased responsibilities for rapid processing, redaction, and record transmission.
  • Implementation details (forms, training, funding) would be needed to operationalize the changes if enacted.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.