AN ACT to amend and reenact section 29-06-15 of the North Dakota Century Code, relating to arrests without a warrant for harassing a public safety agency.

69th Legislative Assembly (2025-26) Introduced by Mike Dwyer and 7 co-sponsors

Adds warrantless-arrest basis for harassing or falsely reporting to a public safety agency.

Filed with Secretary Of State 04/03

Main purpose / intent

HB 1418 amends NDCC § 29‑06‑15 to clarify and expand circumstances in which a peace officer (and certain federal agents) may make warrantless arrests. Most notably, it adds the offense of harassing a public safety agency or making a false report to a public safety agency as a basis for arrest without a warrant.

Key provisions

Amends and reenacts NDCC § 29‑06‑15 (Arrest without warrant — Peace officer — Federal agent).

Adds a new specific enumerated basis (subsection 1.i) allowing warrantless arrest for:

Harassing a public safety agency, or
Making a false report to a public safety agency (reference: subsection 4 of NDCC § 12.1‑17‑07).

Retains existing categories authorizing warrantless arrests (e.g., offenses committed in the officer’s presence, felonies believed to have been committed, DUI, violations of protection orders, domestic assault, offenses involving volatile chemical vapors, etc.).

Reiterates federal-agent arrest authority where the agent is on duty and one of several specified circumstances exists (assault in presence, reasonable cause to believe a crime/felony was committed by the person, or positive authoritative information of a warrant).

Adds/retains a provision (subsection 3) permitting immediate custody, without a warrant, of an individual believed to have violated a court order requiring participation in the 24/7 sobriety program (NDCC §§ 54‑12‑27 through 54‑12‑31). An individual taken into custody under that subsection may not be released on bail or personal recognizance until personally appearing before a magistrate.

Who or what is affected

Individuals who contact or communicate with public safety agencies: persons who harass or knowingly make false reports to law enforcement or other public safety entities are subject to immediate arrest without a warrant.

Law enforcement officers and federal agents: clarifies and authorizes use of warrantless-arrest powers in the listed circumstances.

Persons subject to 24/7 sobriety court orders: empowers immediate custody for alleged violations and limits pre‑magistrate release.

Procedural / timeline notes

Introduced by Representatives Klemin, Karls, Lefor, Louser, Schneider and Senators Dwyer, Larson, Sickler.

Judiciary Committee proposed amendments and adopted them (Committee Report dated February 3, 2025).

Bill information shows introduction on November 20, 2024 and a filing with the Secretary of State on April 3, 2025 (status: filed with Secretary of State).

Practical effect / considerations

The amendment expressly authorizes immediate arrest (without warrant) for harassing or falsely reporting to public safety agencies, enabling quicker enforcement action in those situations.

The change clarifies statutory arrest authority and consolidates these bases within the warrantless‑arrest statute; it may affect arrest practices and case intake by prosecutors and magistrates.

The 24/7 sobriety custody clause continues to limit release options (no bail/personal recognizance) until a magistrate appearance, reinforcing court oversight for program compliance.

(References: Amends and reenacts NDCC § 29‑06‑15; cross‑references NDCC § 12.1‑17‑07 and NDCC §§ 54‑12‑27—54‑12‑31.)

Bill