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SB 2209

AN ACT to amend and reenact section 12.1-34-07 of the North Dakota Century Code, relating to the expansion of medical examinations of victims of criminal conduct; and to provide an appropriation.

69th Legislative Assembly (2025-26) Introduced by Sean Cleary and 5 co-sponsors

Expands forensic exams window to 120 hours, bans charging victims for exams, and funds reimbursements and grants to boost DV/SA exam capacity.

Filed with Secretary Of State 03/31
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Bill Summary · SB 2209

Summary — SB 2209 (North Dakota) — Expansion of medical examinations of victims; appropriation

Status (as provided)
- Introduced: March 11, 2025
- Passed both chambers (Senate 47–0; House 90–1).
- Signed by the Governor (reported as 03/28/2025) and filed with the Secretary of State 03/31/2025.

Purpose
- To expand and clarify state law governing forensic medical examinations for victims of criminal conduct (sexual assault, domestic violence, child physical abuse/neglect), eliminate direct charges to victims for those exams, provide reimbursement to providers, and fund grants to expand domestic violence forensic exam capacity.

Key provisions
1. Expanded forensic exam time window
- Defines an acute forensic medical examination as an exam performed for evidence collection for alleged criminal sexual conduct or domestic violence and extends the allowable window from 96 hours to 120 hours after the alleged crime (unless good cause for delay is shown).

  1. Prohibition on charging victims

    • Health care facilities and professionals may not charge alleged adult victims for acute forensic medical examinations or preliminary screening exams, either directly or through third‑party payers.
    • Likewise, alleged child victims (and their parents/guardians/custodians) may not be charged for child forensic medical examinations or preliminary screening exams.

  2. Reimbursement by Attorney General

    • Upon submission of appropriate documentation and within legislative appropriations, the Attorney General shall reimburse health care facilities or professionals for reasonable costs of medical screening and acute forensic exams.
    • The Attorney General may also reimburse accredited children's advocacy centers for forensic interviews that are not reimbursable by Medicaid or crime victims compensation, subject to appropriations.

  3. Evidence protection

    • Evidence obtained during an examination under this section may not be used to prosecute the alleged victim for a separate offense.

  4. Appropriation and grant program

    • $200,000 is appropriated from the general fund to the Attorney General for the biennium July 1, 2025 – June 30, 2027 (or so much as necessary) to provide grants for community‑based or hospital‑based domestic violence forensic medical examiner programs and related administrative costs.
    • Grant recipients must report to the Attorney General and the appropriations committees of the Seventieth Legislative Assembly on use of funds and program outcomes.

  5. Reporting by Attorney General

    • The Attorney General must report to the appropriations committees on metrics including number of nurses trained, number and locations of nurses providing services, number of victims receiving domestic violence forensic exams, and documentation of collaborative efforts among nurses, hospitals/clinics, law enforcement, and state's attorneys.

Who is affected
- Alleged victims of criminal sexual conduct and domestic violence (adults and children) — reduced financial barriers and expanded time to obtain forensic exams.
- Health care providers, hospitals, and children's advocacy centers — potential reimbursement from the Attorney General for non‑reimbursed exam costs; eligibility for grant funding.
- Attorney General’s office — administrative responsibility for reimbursements, grants, and mandated reporting.
- Law enforcement and state's attorneys — participation in collaborative victim‑assistance efforts documented in required reports.

Fiscal impact
- Direct appropriation: $200,000 (general fund) for FY 2026–FY 2027 biennium to support grant program and administrative costs.
- Additional fiscal exposure: reimbursements to providers/children’s advocacy centers for exam costs are subject to future legislative appropriations.

Notes / procedural
- The bill text does not specify an effective date in the excerpts provided; the legislative record shows signature and filing dates (Governor 03/28/2025; Secretary of State 03/31/2025). Implementation will depend on the statute’s effective date and availability of appropriated funds.

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

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