Page:2019 North Dakota Session Laws.pdf/460

Criminal Code CHAPTER 114

SENATE BILL NO. 2071

(Judiciary Committee)

(At the request of the Supreme Court)

AN ACT to amend and reenact subsection 6 of section 12.1-31-01.2 and subsection 5 of section 12.1-31.2-01 of the North Dakota Century Code, relating to restraining orders.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

39 SECTION 1. AMENDMENT. Subsection 6 of section 12.1-31-01.2 of the North Dakota Century Code is amended and reenacted as follows:

6. The court may grant a sexual assault restraining order prohibiting the respondent from contacting, harassing, stalking, or threatening the applicant, and from appearing at the applicant's residence, school, and place of employment if:

a. An individual files a petition under subsection 3;

b. The sheriff serves the respondent with a copy of the temporary restraining order issued under subsections 4 and 5, and with notice of the time and place of the hearing;

c. The court sets a hearing for not later than fourteen days after issuance of the temporary restraining order unless the time period is extended upon written consent of the parties, or upon a showing the respondent has not been served with a copy of the temporary restraining order despite the exercise of due diligenceor at a later date if good cause is shown; and

d. The court finds after the hearing there are reasonable grounds to believe the respondent committed sexual assault.

40 SECTION 2. AMENDMENT. Subsection 5 of section 12.1-31.2-01 of the North Dakota Century Code is amended and reenacted as follows:

5. The court may grant a disorderly conduct restraining order ordering the respondent to cease or avoid the disorderly conduct or to have no contact with the applicant if:

a. A person files a petition under subsection 3;

39 Section 12.1-31-01.2 was also amended by section 1 of Senate Bill No. 2203, chapter 113.

40 Section 12.1-31.2-01 was also amended by section 2 of Senate Bill No. 2036, chapter 54.