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HB 1341

AN ACT to amend and reenact section 12.1-17-01 of the North Dakota Century Code, relating to simple assault; and to provide a penalty.

69th Legislative Assembly (2025-26) Introduced by Michelle Axtman and 9 co-sponsors

Raises the offense to a class C felony when the victim is a specified public-safety or health-care worker or involved in a judicial proceeding, otherwise a class B misdemeanor.

Filed with Secretary Of State 04/17
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Bill Summary · HB 1341

Summary — HB 1341 (North Dakota)

AN ACT to amend and reenact section 12.1‑17‑01 of the North Dakota Century Code (simple assault); to provide a penalty.

Main purpose

To revise North Dakota’s simple‑assault statute to (1) clarify the conduct that constitutes simple assault and (2) increase the criminal classification (penalty) when the victim is a member of certain protected or occupational groups (e.g., peace officers, correctional staff, certain health care and emergency workers, persons engaged in judicial proceedings).

Key provisions

  • Redefines the core offense (Section 1):
    • A person is guilty of simple assault if the person:
    • willfully causes bodily injury to another human being; OR
    • negligently causes bodily injury to another human being by means of a firearm, destructive device, or other weapon the use of which is likely to cause death or serious bodily injury.
  • Penal classification (subsection 2):
    • The offense is a class C felony when the victim is any of the following and the actor knows the victim’s status (or, in the case of a state‑hospital employee, the actor is a person committed/detained under chapter 25‑03.3):
    • a peace officer or correctional institution employee acting in an official capacity;
    • an employee of the state hospital acting in the course and scope of employment (and the actor is an individual committed to or detained at the state hospital pursuant to chapter 25‑03.3);
    • a person engaged in a judicial proceeding;
    • a member of a municipal or volunteer fire department or emergency medical services personnel unit; or
    • an emergency department worker or hospital worker engaged in essential patient care, in the performance of duties.
    • In all other cases the offense remains a class B misdemeanor, except where elevated under the provisions above.

Who is affected

  • Perpetrators: Individuals who commit willful bodily injury or cause bodily injury negligently using a particularly dangerous weapon may face more serious charges if the victim belongs to a specified category.
  • Specified victims: Peace officers, correctional staff, certain state hospital staff (when the offender is a committed/detained patient), persons involved in judicial proceedings, firefighters, EMS personnel, and ED/hospital workers engaged in essential patient care will receive enhanced statutory protection.
  • Prosecutors and courts: More incidents involving these victim types will be charged and prosecuted as felonies (class C) instead of misdemeanors, affecting charging decisions and potential sentencing.

Procedural/timeline status

  • Introduced: November 14, 2024 (House sponsors: Representatives Heinert, Bosch, Lefor, McLeod, Meier, Porter; Senators Axtman, Cleary, Dever, Larson).
  • Passed both chambers: House passage recorded April 7, 2025 (yeas 68, nays 21); Senate passage recorded April 8, 2025 (yeas 37, nays 8).
  • Enrolled and transmitted: Early April 2025; filed with Secretary of State on April 17, 2025.
  • Committee action: Judiciary Committee adopted proposed amendments (March 25, 2025).

Practical effect / likely impact

  • Raises penalties for assaults against certain public‑safety and health‑care workers and persons participating in judicial proceedings, signaling legislative emphasis on protecting those groups.
  • May increase felony prosecutions and associated prosecutorial resources, as well as potential collateral consequences for convicted offenders.
  • Narrowly tailored provisions (e.g., state‑hospital employee protection tied to the offender being a committed/detained patient) focus felony elevation on assaults by institutionalized individuals against staff.

(Prepared from the enrolled bill text of section 12.1‑17‑01 and related legislative records.)

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

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