Page:2019 North Dakota Session Laws.pdf/457

Rh CHAPTER 113

SENATE BILL NO. 2203

(Senators Myrdal, Bakke, Dwyer)

(Representatives Buffalo, Satrom, Vetter)

AN ACT to amend and reenact section 12.1-31-01.2 of the North Dakota Century Code, relating to sexual assault restraining orders.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

38 SECTION 1. AMENDMENT. Section 12.1-31-01.2 of the North Dakota Century Code is amended and reenacted as follows:

12.1-31-01.2. Sexual assault restraining order - Penalty.

1. For purposes of this section:

a. "Second or subsequent violation of a protection order" means two or more violations of protection orders.

b. "Sexual assault" means any nonconsensual offense in chapter 12.1-20 for which sexual act or sexual contact, as defined in section 12.1-20-0712.1-20-02, is an element.

2. An individual who is the victim of sexual assault or the parent, stepparent, or guardian of a minor who reasonably believes the minor is a victim of sexual assault may seek a sexual assault restraining order from a court of competent jurisdiction in the manner provided in this section.

3. A petition for relief must allege facts sufficient to show the name of the alleged victim, the name of the individual who committed the sexual assault, and that the individual committed the sexual assault. An affidavit made under oath stating the specific facts and circumstances supporting the relief sought must accompany the petition.

4. If the petition for relief alleges reasonable grounds to believe an individual has committed sexual assault, the court, pending a full hearing, may grant a temporary sexual assault restraining order.

5. A temporary restraining order may be entered only against the individual named in the petition. The order must include prohibiting the individual from:

a. Harassing, stalking, or threatening the individual requesting the order;

b. Appearing at the individual's residence, school, and place of employment; and

c. Contacting the individual requesting the order.

38 Section 12.1-31-01.2 was also amended by section 1 of Senate Bill No. 2071, chapter 114.