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HB 1336

AN ACT to amend and reenact section 12.1-31.2-02, subsection 1 of section 12.1-32-02, and subdivision h of subsection 5 of section 39-08-01 of the North Dakota Century Code, relating to orders prohibiting contact and use of orders prohibiting contact as an alternative to sentencing.

69th Legislative Assembly (2025-26) Introduced by Cole Conley and 4 co-sponsors

North Dakota law now permits courts to impose orders prohibiting contact as criminal sentence alternatives, potentially reducing incarceration while maintaining victim protection through enforceable restrictions.

Filed with Secretary Of State 03/24
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Bill Summary · HB 1336

Legislative bill overview

HB 1336 amends North Dakota law to modify orders prohibiting contact (restraining orders) and allows courts to use such orders as an alternative to traditional sentencing in criminal cases. The bill restructures how these protective orders can be imposed and enforced within the state's criminal justice framework.

Why is this important

This legislation affects how North Dakota courts address harassment, domestic violence, and other contact-related offenses by creating sentencing flexibility. It potentially reduces incarceration while maintaining victim protection, though implementation depends heavily on judicial discretion and whether victims receive adequate notification and input in the process.

Potential points of contention

  • Victim autonomy concerns: Using contact orders as sentencing alternatives may prioritize court convenience over victims' input on appropriate punishment, particularly in domestic violence cases where power dynamics are critical
  • Enforcement disparities: Contact order violations may be treated less seriously than traditional sentences, potentially creating inconsistent accountability for similar offenses across cases
  • Scope ambiguity: The bill's reference to three separate code sections suggests broad application, raising questions about which crimes qualify for this alternative sentencing and whether all offense types are appropriate for this approach

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

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