HB 1032 — Relating to jurisdiction of district courts and municipal court requirements, jurisdiction, procedures, and processes; to amend and reenact subsection 1 of section 29‑07‑01.1 of the North Dakota Century Code, relating to indigent defense; and to repeal sections 40‑11‑10, 40‑11‑11, 40‑11‑12, and 40‑11‑13 and chapter 40‑18 of the North Dakota Century Code, relating to ordinance violations and municipal judges.

25.0279.03000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 HOUSE BILL NO.

1032 Introduced(Legislative byManagement) Legislative Management (Judiciary Committee) AAN BILLACT for an Act to create and enact a new subsection to section 27-05-06 and chapter 40-18.1 of the North Dakota Century Code, relating to jurisdiction of district courts and municipal court requirements, jurisdiction, procedures, and processes;

That has entered an agreement under section 40-18.1-2240-18.1-23 or 40-18.1-24.40-18.1-25.

Expenses necessary for the adequate defense of an indigent person prosecuted for violation of a home rule Pagecounty's No.ordinance must be paid by the home rule county.

1 25.0279.03000 Sixty-ninth Legislative Assembly county's ordinance must be paid by the home rule county.

The city shallcity shall also pay the expenses in any matter transferred to district court pursuant tounder section 40-18-06.2 or 40-18-15.140-18.1-18, 40-18.1-22, 40-18.1-23, 40-18.1-24, or 40-18.1-24,40-18.1-25, in any appeal taken to district court from a judgment of conviction in municipal court pursuant tounder section 40-18-1940-18.1-19,40-18-1940-18.1-19 or 40-18.1-20, and in an appeal or postconviction matter seeking relief from a conviction resulting from violation of a municipal ordinance.

40-18.1-01.H.

B.

NO.

1032 - PAGE 2 40-18.1-01.

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2 25.0279.03000 Sixty-ninth Legislative Assembly a.

TheBeginning July 1, 2026, the municipal court is not a court of record.

An offense that would be a violation of section 39-08-01 or equivalent ordinance, if the individual charged with the offense has twice previously been convicted of a violation of section 39-08-01 or equivalent ordinance within the seven years preceding the commission of the offense charged or if the individual charged with Pagethe No.offense has three times previously been convicted of a violation of section 39-08-01 or equivalent ordinance within the fifteen years preceding the commission of the offense charged.

3If 25.0279.03000the Sixty-ninthoffense Legislativeis Assemblycharged in the offensemunicipal hascourt threeand timesthe previouslymunicipal beenjudge convictedhas notice of a violation of section 39-08-01 or equivalent ordinance twice within the seven years, or three times within the fifteen yearsyears, preceding the commission of the offense charged.charged, the municipal H.

IfB. the offense is charged in the municipal court and the municipal judge has notice of a violation of section 39-08-01 or equivalent ordinance twice within the seven years, or three times within the fifteen years, preceding the commission of the offense charged, the municipal judge shall dismiss the charge, without prejudice, and refer the matter to the state's attorney of the county in which the municipal court is located.

NO.

1032 - PAGE 3 judge shall dismiss the charge, without prejudice, and refer the matter to the state's attorney of the county in which the municipal court is located.

A domestic violence offenseoffense. d.

d.

Page40-18.1-04. No.

4 25.0279.03000 Sixty-ninth Legislative Assembly 40-18.1-04.

2.H.

ExceptB. when prohibited by home rule charter or ordinance, the municipal judge may be a part-time judge and may serve as a municipal judge in more than one city.

NO.

1032 - PAGE 4 2.

Except when prohibited by home rule charter or ordinance, the municipal judge may be a part- time judge and may serve as a municipal judge in more than one city.

Page40-18.1-07. No.

5 25.0279.03000 Sixty-ninth Legislative Assembly 40-18.1-07.

Pageb. No.

6 25.0279.03000 Sixty-ninth Legislative Assembly b.

c.H.

B.

NO.

1032 - PAGE 5 c.

May assess a court administration fee andunder asubsection community2 serviceof supervision fee in an amount not to exceed the amounts allowed under section 29-26-22.40-05-06.

May assess a court administration fee and a community service supervision fee in an amount not to exceed the amounts allowed under section 29-26-22.

d.

If there is probable cause to believe a criminal offense has been committed by the individual Pagecharged, No.an arrest warrant must be issued, except a municipal judge may issue a summons instead of an arrest warrant if the municipal judge has reason to believe the individual charged will appear in response to the summons.

7 25.0279.03000 Sixty-ninth Legislative Assembly charged, an arrest warrant must be issued, except a municipal judge may issue a summons instead of an arrest warrant if the municipal judge has reason to believe the individual charged will appear in response to the summons.