Page:2019 North Dakota Session Laws.pdf/975

Judicial Procedure, Criminal JUDICIAL PROCEDURE, CRIMINAL

CHAPTER 268

HOUSE BILL NO. 1425

(Representatives Brandenburg, Mitskog)

(Senators Grabinger, Hogan, Wanzek)

AN ACT to create and enact two new subsections to section 12.1-34-02 of the North Dakota Century Code, relating to treatment standards for victims and medical screening; and to amend and reenact section 29-04-03.1 of the North Dakota Century Code, relating to prosecution for sexual abuse of minors.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

119 SECTION 1. Two new subsections to section 12.1-34-02 of the North Dakota Century Code are created and enacted as follows:

Access to law enforcement report. Upon request of the child sexual abuse victim over the age of eighteen, the prosecuting attorney or law enforcement authority shall provide the victim with a copy of the law enforcement report corresponding with the victim's case number.

Preservation of evidence. A prosecuting attorney, law enforcement authority, criminal laboratory, or evidentiary storage facility may not destroy or dispose of any evidence to a criminal offense before the limitation period for prosecution for the offense has ended or the offense has been adjudicated.

SECTION 2. AMENDMENT. Section 29-04-03.1 of the North Dakota Century Code is amended and reenacted as follows:

29-04-03.1. Prosecution for sexual abuse of minors.

1. Except as provided in subsection 2, a prosecution for a violation of sections 12.1-20-03 through 12.1-20-08 or of section 12.1-20-11 if the victim was under eighteen years of age at the time the offense was committed must be commenced in the proper court within ten twenty-one years after the commission of the offense or, if the victim failed to report the offense within this limitation period, within three years after the offense was reported to law enforcement authorities.

2. If, based upon evidence containing deoxyribonucleic acid or a fingerprint obtained at the time of offense, a suspect is conclusively identified by deoxyribonucleic acid testing after the time period prescribed in subsection 1 has expired, a prosecution may be commenced within three years after the suspect is conclusively identified by the deoxyribonucleic acid testing or fingerprint authentication.

Approved March 21, 2019

Filed March 22, 2019

119 Section 12.1-34-02 was also amended by section 4 of House Bill No. 1252, chapter 117.