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HB 1225

Vital records; amendment of certificate or records; biological sex; effective date.

2025 Regular Session Introduced by Kevin West

The bill raises reckless endangerment with a firearm from a class C to class B felony and clarifies extended-sentence limits for dangerous/habitual offenders.

Second Reading referred to Rules
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Bill Summary · HB 1225

HB 1225 — Summary (North Dakota, 69th Legislative Assembly)

Status (selected)
- Bill introduced: Nov 12, 2024
- Judiciary Committee adopted: Jan 27, 2025 (committee report)
- Filed with Secretary of State (record): 04/28/2025
(Note: the bill text and procedural history in the record indicate committee consideration and favorable reporting. Check the official legislative status page for final enactment/effective date.)

Purpose and intent
- To alter criminal penalties for reckless endangerment when a firearm or other dangerous weapon is used, and to clarify the procedure and maximum exposure for extended sentences imposed on “dangerous special offenders” and “habitual offenders.”

Key provisions
1. Reckless endangerment (amendment to NDCC § 12.1‑17‑03)
- Restates the basic offense: a person is guilty when the individual creates a substantial risk of serious bodily injury or death to another.
- Elevates the offense classification when a firearm (or other dangerous weapon) is used. The bill language replaces the prior class C felony designation with a class B felony for reckless endangerment committed with a firearm or other dangerous weapon.
- Retains the existing provision that the offense is a class C felony if the circumstances show the defendant’s extreme indifference to human life; otherwise the offense remains a class A misdemeanor.
- Reaffirms that “risk” exists if the potential for harm exists even if no particular person’s safety is actually jeopardized.

  1. Dangerous special offenders / habitual offenders / extended sentences (amendment to NDCC § 12.1‑32‑09)
    • Confirms the categories under which a court may impose an extended sentence (dangerous mentally abnormal person; professional criminal with substantial criminally derived income; habitual offender with prior convictions; convictions that seriously endangered life with prior similar convictions; use of firearm/dangerous weapon/destructive device).
    • Clarifies the maximum extended‑sentence exposure by felony class:
      • Class A felony: up to life imprisonment.
      • Class B felony: up to 20 years’ imprisonment.
      • Class C felony: up to 10 years’ imprisonment.
    • Preserves procedural protections: prosecuting attorney may file notice of intent to seek dangerous‑special or habitual offender sentencing; notice may be sealed if public filing would prejudice the case; jury (or court if waived) must find dangerous‑special offender status beyond a reasonable doubt for specified subdivisions; the court makes habitual‑offender findings by a preponderance of the evidence.
    • Maintains requirement (except in extraordinary cases) for a presentence report and opportunity for inspection prior to any extended‑sentence hearing.

Who is affected
- Criminal defendants in North Dakota charged with reckless endangerment and those subject to habitual‑offender or dangerous‑special‑offender proceedings.
- Prosecutors (notice and proof procedures), sentencing courts (finding standards and sentencing limits), defense counsel (preparation and challenge of presentence materials), and victims/public safety stakeholders (potentially longer sentences in cases involving weapons).

Practical impact
- The principal substantive change increases the maximum classification (and therefore potential sentence exposure) for reckless endangerment committed with a firearm or dangerous weapon from a class C felony to a class B felony, making convictions in those circumstances punishable by a higher sentencing range (and enabling the higher extended‑sentence caps under § 12.1‑32‑09).
- The bill also clarifies and codifies the specific maximums judges may impose when imposing extended sentences for dangerous/habitual offenders, providing clearer guidance on sentencing exposure tied to felony class.

Procedural notes
- The bill preserves the existing procedural framework for notices, hearings, presentence reports, burden of proof differences (jury beyond reasonable doubt for certain dangerous‑special findings; court by preponderance for habitual offender) and sealing of prosecutorial notices when appropriate.
- Check the official legislative status for final passage, governor action, and the effective date.

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

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