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HB 1044

AN ACT to amend and reenact section 31-13-04 of the North Dakota Century Code, relating to deoxyribonucleic acid testing, sampling, and procedure; and to declare an emergency.

69th Legislative Assembly (2025-26)

ND HB 1044 clarifies who can collect DNA samples and how, allows limited out‑of‑state collection with lab approval, and provides immunity for proper collectors.

Filed with Secretary Of State 03/18
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Bill Summary · HB 1044

Summary — HB 1044 (North Dakota): DNA testing — sampling, procedure, and immunity (NDCC § 31‑13‑04)

Status & timeline
- Bill: House Bill No. 1044 — amends and reenacts section 31‑13‑04 of the North Dakota Century Code.
- Introduced: November 12, 2024.
- Committee action: Judiciary Committee adopted proposed amendments (committee report dated Jan. 14, 2025).
- Enrollment/filing: Engrossed/enrolled and filed with the Secretary of State March 18, 2025.
- Emergency: The bill contains an emergency clause — intended to take effect immediately upon approval.

Purpose and intent
- To clarify and update who may collect biological specimens for DNA testing, how specimens must be handled, permit limited out‑of‑state collection with lab approval, and provide civil and criminal immunity for authorized collectors who follow laboratory‑approved procedures.

Key provisions / statutory changes (amends NDCC § 31‑13‑04)
1. Authorized collectors for blood and other body fluids
- Samples of blood or other body fluids for DNA testing may be obtained in a medically approved manner by any of the following: physician, registered nurse, licensed practical nurse, phlebotomist, or medical technologist.
- Such samples must be packaged and submitted in kits approved or provided by the testing laboratory and in accordance with rules adopted by the laboratory.

  1. Authorized collectors for saliva

    • Saliva samples for DNA testing may be collected by a licensed peace officer or a certified correctional officer.
    • Saliva samples also must be packaged/submitted in laboratory‑approved kits and per the laboratory’s rules.

  2. Out‑of‑state collection

    • Personnel from an agency outside North Dakota may collect and submit samples, but only with approval of the laboratory.

  3. Immunity

    • Civil or criminal liability may not attach to any individual authorized under the statute to draw or obtain a sample of blood or other body fluids for DNA testing, provided the sample was drawn/obtained according to sampling techniques approved by the laboratory.

Who is affected
- Law enforcement agencies and correctional facilities (peace officers, certified correctional officers).
- Health care professionals and laboratory personnel (physicians, nurses, phlebotomists, medical technologists, and labs that approve kits and adopt sampling rules).
- Individuals from whom DNA specimens are collected.
- Out‑of‑state agencies that seek to collect samples for submission to North Dakota labs (subject to lab approval).

Procedural/administrative impacts
- Laboratories must approve or provide collection kits and adopt rules governing sampling and submission techniques.
- Authorized collectors should follow laboratory‑approved procedures to secure the immunity protection.
- The emergency clause makes the statute effective immediately on approval, so training/implementation by labs and agencies may need to proceed promptly.

Practical effect
- The amendments formalize permitted collectors for various specimen types, permit limited interstate sampling with lab approval, and reduce legal risk for authorized collectors who comply with lab‑approved methods — intended to streamline DNA evidence collection and clarify responsibilities.

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

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