Summary — North Dakota SB 2167 (2025)
Status and timing
- Bill: Senate Bill No. 2167 (Sixty‑ninth Legislative Assembly, 2025)
- Action: Passed both chambers (unanimous/sweeping yea votes recorded), signed by the Governor.
- Effective date: September 1, 2025.
- Statutory placement: Adds new sections to ND Century Code chapter 29‑26 and chapter 54‑12.
Purpose and intent
- To require convicted defendants to contribute toward the cost of digital forensic examinations performed on personal electronic devices during criminal investigations, and to create a dedicated fund to support internet‑crime investigation resources and training.
Key provisions
1. Cost reimbursement requirement (new section to chapter 29‑26)
- Courts must, as part of sentencing, order an individual convicted of a felony or misdemeanor to reimburse the cost of any digital forensic examination performed on a personal electronic device during the investigation/prosecution of the offense.
- The reimbursement fee is capped at $100 per defendant.
- Definition: “Personal electronic device” includes portable electronic devices designed for wireless communication or electronic data retrieval (examples given: cellular telephone, tablet, laptop, computer, two‑way messaging device).
- All fees collected under this section are remitted to the state treasurer for deposit into the Internet Crimes Investigation Fund (see below).
- Internet Crimes Investigation Fund (new section to chapter 54‑12)
- Establishes a special fund in the state treasury — the Internet Crimes Investigation Fund — consisting of the fees collected under the reimbursement provision.
- Funds are continuously appropriated to the Attorney General to be used for:
- Information technology hardware
- Software licensing
- Digital forensic training
- Internet safety presentations
- Assistance to law enforcement entities and organizations dedicated to preventing technology‑facilitated child sexual exploitation and internet crimes against children
- Interest earned on fund balances is credited back to the fund.
Who is affected
- Defendants convicted of felonies or misdemeanors where a digital forensic examination of a personal electronic device was performed — they may be ordered to pay up to $100.
- Attorney General’s Office and law enforcement agencies benefit from an ongoing funding stream dedicated to digital forensic capability, training, software, hardware, and prevention/education efforts.
- Organizations focused on preventing internet crimes against children may receive support through AG‑administered programs.
Practical impact and notes
- The $100 cap is a modest contribution and is unlikely to cover the full cost of many digital forensic examinations, which can range higher depending on complexity; the bill therefore creates a supplemental funding stream rather than full cost recovery.
- The fee is imposed as part of sentencing, so courts retain discretion to order it.
- The fund is a continuing appropriation to the Attorney General, enabling ongoing use without separate annual appropriation acts.
