AN ACT to amend and reenact section 29-06.1-02 of the North Dakota Century Code, relating to tribal arrest warrants.

69th Legislative Assembly (2025-26)

The bill creates a uniform process for arresting and transferring people with tribal warrants, limited to tribal misdemeanors and with safeguards like rights notices and judge revi

Filed with Secretary Of State 03/14

Purpose / Intent

The bill clarifies and codifies procedures for arresting, detaining, and transferring persons who are the subject of tribal arrest warrants. It establishes when peace officers in North Dakota may effect arrests on tribal warrants, limits the types of tribal offenses that authorize such arrests, and sets procedural protections for persons arrested under those warrants, including a process for voluntary transfer to tribal custody.

Key provisions

Amends NDCC § 29-06.1-02 (Arrest with or without warrant).

Arrest authority:

A peace officer may arrest a person when presented with a tribal arrest warrant.
A peace officer may also arrest without a tribal warrant if there is probable cause to believe the person is the subject of such a warrant.
Arrests under this section are authorized only when the tribal warrant was issued for commission of an offense punishable as a misdemeanor under the applicable tribal ordinance or resolution (i.e., the provision limits interstate enforcement to tribal misdemeanors).

Waiver and voluntary transfer to tribal authority:

An arrested person may waive the right to appear before a judge and consent to transfer to the issuing tribal authority by executing a written waiver in the presence of a peace or correctional officer.
Before executing a waiver, the arrested person must be informed of:
the name of the tribe issuing the warrant,
the right to assistance of counsel, and
the right to appear before a district judge prior to transfer.
If a valid waiver is executed, the court shall issue an order transferring custody or, with tribal consent, authorize a voluntary return to tribal custody.

Judicial procedure when no waiver:

If the person does not waive, they must be brought without unnecessary delay before the nearest available district judge.
The district judge shall issue an order continuing custody upon presentation of the tribal arrest warrant or, if arrested without a warrant, upon testimony or affidavit establishing probable cause that the person is the subject of the warrant.

Who is affected

People who are the subject of tribal arrest warrants (especially those charged with tribal misdemeanors).

State and local peace officers and correctional officers who may be called upon to arrest, detain, or process persons under tribal warrants.

Tribal authorities receiving transferred custody.

District courts and judges responsible for review and custody orders.

Procedural / timeline notes

Introduced: March 7, 2025 (by the Judiciary Committee at the request of the Supreme Court).

Legislative passage recorded: Senate vote 46–0; House vote 88–1 (enrolled for signatures).

Signed and filed with the Secretary of State: March 14, 2025 (listed as filed with Secretary of State 03/14/2025).

Companion bill: HB 4061.

Practical impact

Creates a clearer, uniform process for handling tribal arrest warrants in North Dakota, balancing cross-jurisdictional cooperation with procedural safeguards for arrested persons (notice of rights, option to see a judge, written waiver for voluntary transfer).

Limits out-of-tribe arrest authority to tribal misdemeanors (does not expand arrest authority for tribal felonies under this statute).

Bill