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Bill

HB 1528

Concerning adult protective services.

2023-2024 Regular Session Introduced by Jess Bateman and 5 co-sponsors

Expands arson/endangering by fire laws to criminalize damaging one’s own property to harm others or collect insurance, sets $2,000 property threshold, and raises penalties.

By resolution, reintroduced and retained in present status.
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Bill Summary · HB 1528

Summary — HB 1528 (North Dakota): Amendments to Arson and Endangering by Fire or Explosion (NDCC 12.1‑21‑01 & 12.1‑21‑02)

Main purpose

This bill amends and reenacts North Dakota Century Code sections 12.1‑21‑01 (arson) and 12.1‑21‑02 (endangering by fire or explosion) to (1) clarify and broaden the scope of arson and related offenses, (2) add specific conduct involving a person damaging their own property to harm another’s legal interest, (3) define certain terms, and (4) specify penalty classifications.

Key provisions and changes

  • Rewrites arson statute (NDCC 12.1‑21‑01):

    • An individual commits arson (class B felony) if they start/maintain a fire or cause an explosion with intent to destroy:
    • all or part of a building/inhabited structure of another or a vital public facility; or
    • property (including the individual’s own real or personal property) for purposes such as collecting insurance or depriving another who holds a legal interest in the property.
    • Adds an explicit threshold for personal property: liability where the personal property damaged/destroyed exceeds $2,000.
    • Defines “a legal interest” to include joint ownership and interests arising from financing (e.g., mortgage, contract, deed, lien).

  • Revises endangering by fire or explosion (NDCC 12.1‑21‑02):

    • An individual commits an offense if they willfully start/maintain a fire or cause an explosion and thereby recklessly:
    • place another person in danger of death or bodily injury;
    • place another’s building/inhabited structure or a vital public facility in danger of destruction; or
    • cause pecuniary loss to another’s property exceeding $2,000.
    • Creates prima facie evidence provision: being under the influence of alcohol or drugs that resulted in or contributed to starting the fire is prima facie evidence of intent.
    • Expands “person in danger” to expressly include fire department, law enforcement, emergency medical personnel, firefighters, and volunteer firefighters while responding to or suppressing fires.
    • Penalty tiers:
    • Class A felony if the fire/explosion results in another’s death.
    • Class B felony if conduct places another in danger of death under circumstances showing extreme indifference to human life.
    • Otherwise a class C felony.

Who is affected

  • Individuals who start, maintain, or cause fires/explosions (criminal liability).
  • Property owners and persons with legal interests (co‑owners, mortgagees, lienholders) — the bill criminalizes damaging one’s own property to deprive others of their legal interests or to obtain insurance proceeds.
  • First responders and emergency personnel — inclusion as “persons in danger” may elevate charges where their safety is recklessly put at risk.

Penalties

  • Arson designated as a class B felony in specified circumstances.
  • Endangering by fire/explosion graded A/B/C felonies depending on outcome and culpability (death, extreme indifference, other).

Procedural / timeline notes

  • Introduced: December 5, 2024.
  • Committee action: Judiciary Committee (committee report/adopted language dated Feb 4, 2025).
  • Legislative action entries in the provided materials are inconsistent: some records show readings and committee referrals (e.g., read first Mar 12, 2025; referred to Judiciary & Civil Jurisprudence), whereas another entry indicates the bill “died in House Committee at Sine Die adjournment” on May 5, 2025. An enrollment section in the materials also shows unanimous House and Senate votes, but those items conflict with the “died in committee” entry.
  • Status noted at top of the file: “Filed with Secretary Of State 04/03” (suggesting final filing), but because the provided record contains mixed and contradictory procedural entries, the current legal status is unclear.

Recommendation

Because the document set contains records from multiple states and shows conflicting procedural steps, verify the bill’s current status and final text with the official North Dakota Legislative Assembly website or the Secretary of State’s office before relying on this summary for legal or policy decisions.

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

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