A BILL for an Act to amend and reenact subsection 9 of section 12.1-32-02 of the North Dakota Century Code, relating to sentencing alternatives.

69th Legislative Assembly (2025-26)

HB 1059 would treat felons with short jail terms (≤360 days) as misdemeanants for penalty purposes, unless probation is revoked, which restores felony status.

Second reading, failed to pass, yeas 8 nays 37

Main purpose / intent

HB 1059 would clarify and codify a sentencing alternative that allows a person convicted of a felony but sentenced to a short term of imprisonment (360 days or less) to be treated, for sentencing‑penalty purposes under chapter 12.1‑32, as if convicted of a Class A misdemeanor — except in specified circumstances. The change is intended to provide a statutory rule for when a low‑term felony sentence is to be treated as a misdemeanor for penalty application.

Key provisions

Amends and reenacts subsection 9 of NDCC § 12.1‑32‑02 to read (substance of the bill):

A person convicted of a felony and sentenced to imprisonment for not more than 360 days is deemed to have been convicted of a Class A misdemeanor and is subject to Class A misdemeanor penalties under the chapter.
Exception: if an order is later entered revoking a term of probation that was imposed as part of the sentence, the person is deemed to have been convicted of a felony (i.e., revocation restores felony status for penalty purposes).

Who would be affected

Defendants convicted of felonies who receive short jail sentences (≤360 days): the bill would change how penalties under chapter 12.1‑32 are applied to those cases, effectively reducing the applicable penalty class in many instances.

Courts, prosecutors, defense counsel: would apply the revised statutory classification when imposing penalties and preparing charging/sentencing recommendations.

Probation and corrections officials: revocation proceedings would have heightened significance because revocation would restore felony classification for penalty purposes.

Counties and the Department of Corrections and Rehabilitation: potential operational and caseload impacts if sentencing practices change (e.g., more misdemeanor‑level handling).

Collateral‑consequence considerations (licenses, civil penalties linked to felony vs. misdemeanor status) could be affected for individuals meeting the 360‑day threshold.

Procedural and timeline notes

Introduced: November 12, 2024 (introduced at the request of the Department of Corrections and Rehabilitation; bill authored by the Judiciary Committee).

Companion: SB 1378 (companion bill noted).

Legislative outcome: The bill was considered but failed to pass on second reading (recorded vote — yeas 8, nays 37). As a result, HB 1059 did not become law during that session.

Practical effect and considerations

The bill does not eliminate felony convictions; it alters how statutory penalty provisions in chapter 12.1‑32 apply when the pronounced term of imprisonment is short (≤360 days). Because probation revocation restores felony treatment, the bill preserves a mechanism for elevated penalties where supervision is not successfully completed.

Implementation would require courts and criminal justice agencies to apply the 360‑day threshold consistently and track probation revocations to determine final classification for penalty application. Possible downstream effects include changes in charging/sentencing strategy and impacts on individuals’ collateral legal status.

Bill