WeVote
Log In

Bill

Bill

SB 2037

AN ACT to create and enact three new sections to chapter 27-20.4 of the North Dakota Century Code, relating to juvenile court petitions, fitness to proceed in juvenile court proceedings, and collateral consequences the juvenile court may order; to amend and reenact sections 12.1-04.1-01, 12.1-04.1-20, and 12.1-17-01.2, subsection 2 of section 12.1-17-07.2, section 12.1-20-01, subsections 2 and 6 of section 12.1-31-03, sections 12.1-32-15 and 15.1-09-33.4, subsection 6 of section 27-20.2-01, subsection 3 of section 27-20.2-09, subsection 5 of section 27-20.4-11, subsection 1 of section 27-20.4-18, subsection 1 of section 27-20.4-20, and section 62.1-02-01 of the North Dakota Century Code, relating to lack of criminal responsibility, court jurisdiction, distribution of intimate images without consent, domestic violence, criminality of a child regarding sex offenses, sale and use of tobacco by an individual under the age of twenty-one, child registration requirements, restitution, probation of a delinquent child, extracurricular activities for students, and persons not allowed to possess a firearm; to repeal sections 27-20.4-12, 27-20.4-13, and 27-20.4-19 of the North Dakota Century Code, relating to delinquency; to provide an appropriation; and to provide a penalty.

69th Legislative Assembly (2025-26)

Overhauls ND juvenile justice: standardizes petitions and fitness-to-proceed, tightens lack-of-criminal-responsibility rules, and expands collateral consequences for youths.

Filed with Secretary Of State 04/22
0
WeVote Research Nonpartisan
Bill Summary · SB 2037

Summary — SB 2037 (North Dakota, 2025)

Status: Filed 04/22/2025; Enrolled, Governor signed 06/20/2025; Effective 09/01/2025

Purpose / Intent

SB 2037 is a comprehensive juvenile-justice reform package. It (1) adds new statutory sections governing juvenile court petitions, fitness to proceed in juvenile court, and collateral consequences the juvenile court may impose; (2) updates standards for lack of criminal responsibility and court jurisdiction; and (3) amends multiple criminal and juvenile provisions (including domestic violence, distribution of intimate images, sex‑offense age rules, tobacco possession, child registration, restitution, probation, school extracurricular eligibility, and firearms disqualification). The bill also repeals three existing delinquency provisions and includes an appropriation and penalty provisions.

Key provisions (by topic)

  • Juvenile-court process

    • Creates three new sections in chapter 27‑20.4 covering: (a) how juvenile petitions are filed, (b) fitness to proceed evaluations in juvenile proceedings, and (c) the collateral consequences a juvenile court may order (e.g., restrictions tied to adjudication).
    • Repeals sections 27‑20.4‑12, 27‑20.4‑13, and 27‑20.4‑19 (delinquency-related statutes).

  • Lack of criminal responsibility (insanity standard)

    • Codifies the state standard: not criminally responsible if, due to mental disease/defect at the time, the person lacks substantial capacity to understand the conduct’s harmful nature or has a serious distortion/loss of capacity to recognize reality, and willfulness is an essential element of the offense.
    • Clarifies evidence rules about voluntary intoxication and repeated antisocial conduct.
    • Lowers/clarifies assessment threshold so an individual ten years of age or older may be assessed under this chapter.

  • Court jurisdiction after not‑guilty‑by‑reason‑of‑insanity findings

    • For adults, court jurisdiction equals the maximum imprisonment term for the most serious charged offense; in juvenile proceedings a child found not adjudicated by reason of lack of criminal responsibility is subject to court jurisdiction for one year.
    • On expiration, court may refer to involuntary commitment statutes or child‑in‑need‑of‑protection proceedings.

  • Distribution of intimate images

    • Amends the offense to require: the image depicts an adult (18+); the distributor knew the subject did not consent; the image was created/provided where a reasonable privacy expectation existed; and the distribution caused actual emotional distress or harm.

  • Domestic violence

    • Revisions to 12.1‑17‑01.2 set offense classifications (B/A misdemeanors, C/B felonies depending on severity and victim age) and specify prosecution in district court.
    • The domestic‑violence provision applies to persons under 18 only where the victim was or is a dating partner or they share a child.

  • Sex‑offense / age‑related criminality rules

    • Clarifies defenses/age gaps: where criminality depends on victim being a minor 15+ years, actor is liable only if at least three years older; similar three‑year rule when actor is a minor and victim under 15.

  • Tobacco possession / sales

    • Amends 12.1‑31‑03 (sale/use of tobacco by persons under a specified age). The bill revises age categories and offense classifications for possession/purchase/use of tobacco, e‑cigarettes and nicotine products (text in bill versions adjusts age ranges; practitioners should consult enrolled text for final ages and classifications).

  • Child registration, restitution, and probation

    • Amends provisions on child registration duties, restitution, and probation of delinquent children; provides detail on collateral consequences juvenile courts can order (including restrictions tied to extracurricular participation and other consequences).

  • Schools / extracurricular activities

    • Adds statutory direction limiting school extracurricular participation or clarifying conditions under which students adjudicated delinquent may participate (specifics in new chapter sections).

  • Firearms

    • Amends section 62.1‑02‑01 to modify who is disqualified from possessing firearms (coordinates with juvenile adjudication and lack‑of‑criminal‑responsibility outcomes).

  • Appropriation and penalties

    • The enacted bill includes an appropriation and modifies criminal classifications/penalties for certain offenses; the enrollment/committee reports note appropriation language and penalty provisions, but dollar amounts and detailed penalty text should be read in the enrolled bill.

Who is affected

  • Children and juveniles (including those 10+ subject to forensic assessment) and their families
  • Juvenile and district courts, prosecutors, defense counsel, and probation services
  • Schools and athletic/extracurricular programs
  • Victims of intimate‑image distribution and domestic violence
  • Tobacco retailers and youth (age thresholds)
  • Law enforcement and agencies administering child registration and involuntary commitment statutes

Procedural / timeline notes

  • Introduced: March 7, 2025. Enrolled and approved by the Legislature. Governor signed 06/20/2025. Effective date: September 1, 2025.
  • The bill incorporated multiple committee and floor amendments during the session; the enrolled text contains the final set of changes and should be consulted for operational details.

Note: This summary highlights principal changes; for implementation details (exact age thresholds, penalty amounts, appropriation figures, and full new statutory text), consult the enrolled/official version of SB 2037 (effective 9/1/2025).

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

Sign in to ask a question.