Page:2017 North Dakota Session Laws.pdf/1028

Judicial Procedure, Criminal 3. The board shall adopt rules relating to the professional conduct of licensed peace officers involved in confidential informant agreements under chapter 29-29.5, and shall receive complaints and make determinations if an officer's conduct violated the protections provided in chapter 29-29.5. Annually, the board shall conduct an audit evaluating the effectiveness of confidential informant training requirements.

4. The board shall establish penalties and enforce violations of protections provided in chapter 29-29.5. The penalties established must be formulated based on the nature, severity, gravity, and recurrence of violations. The board may deny, suspend, or revoke a license or may impose probationary conditions, including remedial training.

SECTION 2. Chapter 29-29.5 of the North Dakota Century Code is created and enacted as follows:

29-29.5-01. Definitions.

1. "Benefit" means any of the following conferred on a confidential informant or a third party:

a. Leniency in a criminal case or probation or parole matter, including a decision whether to arrest or charge an offense or to limit the number or severity of charges;

b. Sentence reduction of any kind or amount; or

c. A favorable sentencing or bond recommendation.

2. "Confidential informant" means an individual who cooperates with a law enforcement agency and:

a. Is willing to attempt a controlled buy or controlled sale or agrees to surreptitiously record a target offender; and

b. Seeks or is offered a benefit.

3. "Controlled buy" means the purchase or attempted purchase of contraband, controlled substances, or other items material to a criminal investigation while under supervision or direction of law enforcement.

4. "Controlled sale" means the sale or attempted sale of contraband, controlled substances, or other items material to a criminal investigation while under supervision or direction of enforcement.

5. "Informant agreement" means a written agreement describing the rights and obligations of a confidential informant and law enforcement agency.

6. "Law enforcement agency" means an agency authorized by law to enforce the law and to conduct or engage in investigations or prosecutions for violations of the law.

7. "Target offender" means an individual suspected of a violation of the law, whose identity is known or unknown, and who is the focus of an informant agreement.