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HB 1361

relative to the procedure concerning search warrant inventories.

2026 Regular Session Introduced by Regina Birdsell and 4 co-sponsors

Imposes mandatory minimum prison terms for human trafficking offenses in ND, with no parole until minimums are served: 20/10/5 years for AA/A/B felonies.

Signed by Governor Ayotte 06/19/2026; Chapter 166; eff. 01/01/2027
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Bill Summary · HB 1361

HB 1361 — Mandatory Minimum Sentences for Human Trafficking Offenders (North Dakota)

Purpose / Intent

Creates a new statutory section in chapter 12.1‑41 of the North Dakota Century Code to impose mandatory minimum prison terms for persons convicted under the human trafficking chapter. Sentences established by the bill are to be served without the benefit of parole. The measure is intended to strengthen penalties for human trafficking offenses.

Key provisions

  • Adds a new section titled “Prohibited acts — Mandatory terms of imprisonment” to NDCC ch. 12.1‑41 (human trafficking).
  • Establishes mandatory minimum sentences to be served without parole:
    • Class AA felony: minimum 20 years imprisonment.
    • Class A felony: minimum 10 years imprisonment.
    • Class B felony: minimum 5 years imprisonment.
  • Requires courts to impose at least the specified minimums for convictions under the chapter.

Note on legislative evolution: an earlier introduced version contained higher minimums (40 / 15 / 7 years for AA / A / B felonies respectively). Those figures were amended during the legislative process to the final 20/10/5 structure.

Who is affected

  • Defendants convicted under NDCC chapter 12.1‑41 (human trafficking) — reduced judicial discretion at sentencing and no opportunity for parole until minimums are served.
  • State corrections system — likely longer average incarceration terms for covered offenders, affecting prison population and operating costs.
  • Prosecutors, defense counsel, and judges — changes in plea bargaining dynamics and sentencing practices.
  • Victims and communities — intended to increase punishment and deterrence; victims’ interests may shape prosecutorial decisions.
  • Parole board — its authority to release offenders before the statutory minimums is removed for these terms.

Potential impacts

  • Fiscal: increased correctional costs due to longer mandatory incarcerations (state budget and corrections capacity effects).
  • Legal/practical: reduced sentencing flexibility; potential changes in plea negotiations; possible challenges or litigation over retroactivity or proportionality in extreme cases.
  • Policy: aims to signal stronger penalties for human trafficking; effectiveness as deterrent or impact on victim outcomes is subject to debate and dependent on enforcement.

Legislative timeline & status

  • Introduced: November 15, 2024
  • Final legislative action: Passed both chambers (House vote: 87–4; Senate vote: 45–1)
  • Signed/Filed: Signed by the Governor April 21, 2025; filed with Secretary of State April 22, 2025 (enacted).

Sponsors and related measures

  • Sponsors: Representatives D. Johnston, Jonas, Kiefert, Schauer; Senators Myrdal, Boehm. (Other lists in provided materials include Gazaway, M. Shepherd, C. Tucker, J. Bryant — likely from other jurisdictions sharing HB 1361 numbering.)
  • Companion bill: SB 861.

Notes: This summary focuses on the North Dakota enactment of HB 1361 (mandatory minimums for human trafficking). Other documents in the source packet referenced unrelated bills from other states that share the same bill number.

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

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