HB 1166 — Relating to closing certain criminal records; and to amend and reenact sections 12‑60.1‑01 and 12‑60.1‑02 of the North Dakota Century Code, relating to closed records and grounds to file a petition to seal a criminal record.
Last action — Filed with Secretary Of State 04/22
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 07, 2025. Enacted.
Signed by Governor Kelly Armstrong (Republican) on April 23, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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6 sponsors
1 primary, 5 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (4 R).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
AN ACT to create and enact a new section to chapter 12-60.1 of the North Dakota Century Code, relating to closing certain criminal records; and to amend and reenact sections 12-60.1-01 and 12-60.1-02 of the North Dakota Century Code, relating to closed records and grounds to file a petition to seal a criminal record.
Bill Text
What changed in the latest version
90 added · 46 removedPlain-language change summary
The latest version of House Bill No. 1166 has clarified and expanded the definitions related to closed criminal records in North Dakota. It specifies who may access these records, emphasizing protection while defining what constitutes a "court record." These changes matter because they help ensure that individuals can have their criminal records sealed under certain circumstances, enhancing their ability to reintegrate into society without the stigma of past offenses.
25.0400.04000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 HOUSE BILL NO.
1166 Introduced(Representatives by Representatives Pyle, O'Brien, Vetter, BergBerg) Senators(Senators Larson, MyrdalMyrdal) AAN BILLACT for an Act to create and enact a new section to chapter 12-60.1 of the North Dakota Century Code, relating to sealingclosing certain criminal records;
and to amend and reenact sectionsections 12-60.1-01 and 12-60.1-02 of the North Dakota Century Code, relating to closed records and grounds to file a petition to seal a criminal record;record.
and to declare an emergency.
Section 12-60.1-01 of the North Dakota Century Code is amended and reenacted as follows:
12-60.1-01.
Definitions.
As used in this chapter:
1.
"Closed" means subject to examination only by a clerk of court, a judge of the court, the juvenile commission, a criminal justice agency, the defendant, the defendant's counsel, a state's attorney, or any person upon written order of a judge of the court.
2.
"Court record" includes:
a.
Any document or information collected, received, or maintained by court personnel in connection with a judicial proceeding;
b.
Any index, calendar, docket, register of actions, official record of the proceedings, order, decree, judgment, minute, and any information in a case management system created or prepared by court personnel relating to a judicial proceeding;
and c.
Information maintained by court personnel pertaining to the administration of the court or clerk of court office and not associated with a particular case.
2.3.
"Criminal justice agency" has the same meaning as in section 12-60-16.1.
4.
"Criminal record" means court and prosecution records subject to sealing under this chapter.
A criminal record does not include criminal history record information as defined in subsection 5 of section 12-60-16.1 or criminal justice data information maintained in the criminal justice data information sharing system under section 54-12-34.
3.5.
"Prosecutor" means the office or agency with jurisdiction over the offense for purposes of postconviction proceedings.
4.6.
"Nonconviction" means dismissal of all criminal charges in a case or acquittal of all criminal charges in a case.
7.
"Seal" means to prohibit the disclosure of the existence or contents of court or prosecution records unless authorized by court order.
SECTION 2.
AMENDMENT.
12-60.1-02.H.
B.
NO.
1166 - PAGE 2 12-60.1-02.
The individual pled guilty to or was found guilty of a felony offense and the individual has not been convicted of a new crime for at least five years before filing the petition.petition;
or c.
The individual was granted an unconditional pardon of the criminal conviction by the governor.
ThisExcept as provided under section 23 of this Act, this chapter does not apply to:
PageSECTION No.3.
Show all 69 changed lines (29 more)
1 25.0400.04000 Sixty-ninth Legislative Assembly SECTION 2.
CertainClosing criminalnonconviction recordsrecords. automatically sealed.
TheIf a court enters an order of nonconviction on or after August 1, 2025, the court shall sealclose anythe criminalcourt record wherein:upon the expiration of sixty-one days.
2.
The defendant may file a petition to the court to have the court record closed if the court entered an order of nonconviction for a case disposed of before August 1, 2025.
If the defendant meets the requirements of this section, the court shall enter an order closing the court record within ten days of the petition being filed.
3.
This section does not apply if:
AnThe individualdismissal was foundthe notresult guiltyof by a juryplea oragreement atinvolving thea conclusionconviction ofon aanother benchoffense; trial;
AllThe criminalcase chargeswas weredismissed dismissed;due to a finding the individual was not fit to proceed under chapter 12.1-04;
or c.
AnThe individualcase wasresulted grantedin a pardonverdict byof thenot governorguilty ofdue theto a lack of criminal conviction.responsibility under chapter 12.1-04.1;
2.or d.
The courtcase shall seal a criminal record under subsection 1 within ninety days after the judgment of acquittal, order to dismiss, or pardon was filedappealed. with the clerk of court.
A4. record of a closed criminal case if there was no conviction may not be remotely accessed by a name search.
SECTIONA 3.filing fee may not be charged for a petition filed under this section.
EMERGENCY.H.
ThisB. Act is declared to be an emergency measure.
PageNO. No.
21166 25.0400.04000- PAGE 3 ____________________________ ____________________________ Speaker of the House President of the Senate ____________________________ ____________________________ Chief Clerk of the House Secretary of the Senate This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No.
1166.
House Vote:
Yeas 92 Nays 1 Absent 1 Senate Vote:
Yeas 46 Nays 0 Absent 1 ____________________________ Chief Clerk of the House Received by the Governor at ________M.
on _____________________________________, 2025.
Approved at ________M.
on __________________________________________________, 2025.
____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.
____________________________ Secretary of State
Show all 69 changed rows (29 more)
View plain text versions (6)
- Enrolled Enrollment Current pdf
- Engrossed FIRST ENGROSSMENT pdf
- Adopted by the Senate Judiciary Committee View text pdf
- Prepared by the Legislative Council staff for Representative Klemin View text pdf
- Amended FIRST ENGROSSMENT with Senate Amendments pdf
- Introduced View text pdf
Action History
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Filed with Secretary Of State 04/22
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Signed by Governor 04/21
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Sent to Governor
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Signed by Speaker
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Signed by President
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Second reading, passed, yeas 92 nays 1
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Concurred
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Returned to House (12)
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Second reading, passed as amended, yeas 46 nays 0
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Amendment adopted, placed on calendar
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Reported back amended, do pass, amendment placed on calendar 7 0 0
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Committee Hearing 11:00
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Introduced, first reading, (emergency), referred Judiciary Committee
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Received from House
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Second reading, passed, yeas 90 nays 0, Emergency clause carried
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Amendment adopted, placed on calendar
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Reported back amended, do pass, amendment placed on calendar 11 0 3
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Committee Hearing 09:00
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Introduced, first reading, (emergency), referred Judiciary Committee
Sponsors
- Diane Sen. Larson · Cosponsor
- Janne Sen. Myrdal · Cosponsor
- Brandy L. Pyle · Primary
- Mike Berg · Cosponsor
- Emily O'Brien · Cosponsor
- Steve Vetter · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 142 not signed on · 1 voted No
Sponsors (1)
- Pyle, Brandy L. Republican
Co-sponsors (5)
- Sen. Larson, Diane
- Sen. Myrdal, Janne
- Berg, Mike Republican
- O'Brien, Emily Republican
- Vetter, Steve Republican
Not signed on (142)
142 members have not signed on to this bill.
Show all 142 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 11 | 0 | 0 | 0 |
| Republican | 80 | 1 | 0 | 1 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 92 | 1 | 0 | 1 |
| % of votes cast | 98% | 1% | 0% | 1% |
How each member voted (94)
| Member | Party | Vote |
|---|---|---|
| Olson | — | Yea |
| Brown, Collette | Democratic | Yea |
| Conmy, Liz | Democratic | Yea |
| Davis, Jayme | Democratic | Yea |
| Dobervich, Gretchen | Democratic | Yea |
| Finley-DeVille, Lisa | Democratic | Yea |
| Foss, Austin | Democratic | Yea |
| Hager, LaurieBeth | Democratic | Yea |
| Hanson, Karla Rose | Democratic | Yea |
| Ista, Zachary | Democratic | Yea |
| Mitskog, Alisa | Democratic | Yea |
| Schneider, Mary | Democratic | Yea |
| Anderson, Bert | Republican | Yea |
| Anderson, Dick | Republican | Yea |
| Anderson, Karen A. | Republican | Yea |
| Bahl, Landon | Republican | Yea |
| Beltz, Mike | Republican | Yea |
| Berg, Mike | Republican | Yea |
| Bolinske, Macy | Republican | Yea |
| Bosch, Glenn | Republican | Yea |
| Brandenburg, Mike | Republican | Yea |
| Brown, TJ | Republican | Yea |
| Christianson, Nels | Republican | Yea |
| Dockter, Jason | Republican | Yea |
| Dressler, Ty | Republican | Yea |
| Fegley, Clayton | Republican | Yea |
| Fisher, Jay | Republican | Yea |
| Frelich, Kathy | Republican | Yea |
| Grindberg, Karen | Republican | Yea |
| Grueneich, Jim | Republican | Yea |
| Hagert, Jared C. | Republican | Yea |
| Hatlestad, Patrick R. | Republican | Yea |
| Hauck, Dori | Republican | Yea |
| Headland, Craig | Republican | Yea |
| Heilman, Matthew | Republican | Yea |
| Heinert, Pat D. | Republican | Yea |
| Henderson, Donna | Republican | Yea |
| Hendrix, Jared | Republican | Yea |
| Holle, Dawson | Republican | Yea |
| Hoverson, Jeff | Republican | Yea |
| Johnson, Jorin | Republican | Yea |
| Johnston, Daniel | Republican | Yea |
| Jonas, Jim | Republican | Yea |
| Karls, Karen | Republican | Yea |
| Kasper, Jim | Republican | Nay |
| Kempenich, Keith | Republican | Yea |
| Kiefert, Dwight | Republican | Yea |
| Klemin, Lawrence R. | Republican | Yea |
| Koppelman, Ben | Republican | Yea |
| Lefor, Mike | Republican | Yea |
| Longmuir, Donald W. | Republican | Yea |
| Louser, Scott | Republican | Yea |
| Maki, Roger A. | Republican | Yea |
| Marschall, Andrew | Republican | Yea |
| Martinson, Bob | Republican | Yea |
| McLeod, Carrie | Republican | Yea |
| Meier, Lisa | Republican | Yea |
| Monson, David | Republican | Yea |
| Morton, Desiree | Republican | Yea |
| Motschenbacher, Mike | Republican | Yea |
| Murphy, Eric J. | Republican | Yea |
| Nathe, Mike | Republican | Yea |
| Nehring, Dennis | Republican | Yea |
| Nelson, Jon O. | Republican | Yea |
| Novak, Anna S. | Republican | Yea |
| O'Brien, Emily | Republican | Yea |
| Olson, Jeremy | Republican | Yea |
| Osowski, Doug | Republican | Yea |
| Ostlie, Mitch | Republican | Yea |
| Porter, Todd | Republican | Yea |
| Pyle, Brandy L. | Republican | Yea |
| Richter, David | Republican | Yea |
| Rios, Nico | Republican | Yea |
| Rohr, Karen M. | Republican | Yea |
| Ruby, Dan | Republican | Yea |
| Ruby, Matthew | Republican | Yea |
| Sanford, Mark | Republican | Yea |
| Satrom, Bernie | Republican | Yea |
| Schatz, Mike | Republican | Yea |
| Schauer, Austen | Republican | Yea |
| Schreiber-Beck, Cynthia | Republican | Yea |
| Steiner, Vicky | Republican | Yea |
| Stemen, Gregory | Republican | Yea |
| Swiontek, Steve | Republican | Not Voting |
| Toman, Nathan | Republican | Yea |
| Tveit, Bill | Republican | Yea |
| VanWinkle, Lori | Republican | Yea |
| Vetter, Steve | Republican | Yea |
| Vigesaa, Don | Republican | Yea |
| Vollmer, Daniel R. | Republican | Yea |
| Wagner, Scott | Republican | Yea |
| Warrey, Jonathan | Republican | Yea |
| Weisz, Robin | Republican | Yea |
| Wolff, Christina | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 0 | 0 | 0 |
| Republican | 40 | 0 | 0 | 1 |
| Democratic | 5 | 0 | 0 | 0 |
| Total | 46 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (47)
| Member | Party | Vote |
|---|---|---|
| van Oosting | — | Yea |
| Boschee, Josh | Democratic | Yea |
| Braunberger, Ryan | Democratic | Yea |
| Hogan, Kathy | Democratic | Yea |
| Marcellais, Richard | Democratic | Yea |
| Mathern, Tim | Democratic | Yea |
| Axtman, Michelle | Republican | Yea |
| Barta, Jeff | Republican | Yea |
| Beard, Todd | Republican | Yea |
| Bekkedahl, Brad | Republican | Yea |
| Boehm, Keith | Republican | Yea |
| Burckhard, Randy A. | Republican | Yea |
| Castaneda, Jose L. | Republican | Yea |
| Cleary, Sean | Republican | Yea |
| Clemens, David A. | Republican | Yea |
| Conley, Cole | Republican | Yea |
| Cory, Claire | Republican | Yea |
| Davison, Kyle | Republican | Yea |
| Dever, Dick | Republican | Yea |
| Dwyer, Michael | Republican | Yea |
| Enget, Mark | Republican | Yea |
| Erbele, Robert | Republican | Yea |
| Gerhardt, Justin | Republican | Yea |
| Hogue, David | Republican | Yea |
| Kessel, Greg | Republican | Yea |
| Klein, Jerry | Republican | Yea |
| Larson, Diane | Republican | Yea |
| Lee, Judy | Republican | Yea |
| Lemm, Randy D. | Republican | Yea |
| Luick, Larry | Republican | Yea |
| Magrum, Jeffery J. | Republican | Yea |
| Meyer, Scott | Republican | Yea |
| Myrdal, Janne | Republican | Yea |
| Patten, Dale | Republican | Yea |
| Paulson, Bob | Republican | Yea |
| Powers, Michelle | Republican | Yea |
| Roers, Kristin | Republican | Yea |
| Rummel, Dean | Republican | Not Voting |
| Schaible, Donald | Republican | Yea |
| Sickler, Jonathan | Republican | Yea |
| Sorvaag, Ronald | Republican | Yea |
| Thomas, Paul J. | Republican | Yea |
| Walen, Chuck | Republican | Yea |
| Wanzek, Terry M. | Republican | Yea |
| Weber, Mark F. | Republican | Yea |
| Weston, Kent | Republican | Yea |
| Wobbema, Mike | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 78 | 0 | 0 | 4 |
| Democratic | 11 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 90 | 0 | 0 | 4 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (94)
| Member | Party | Vote |
|---|---|---|
| Olson | — | Yea |
| Brown, Collette | Democratic | Yea |
| Conmy, Liz | Democratic | Yea |
| Davis, Jayme | Democratic | Yea |
| Dobervich, Gretchen | Democratic | Yea |
| Finley-DeVille, Lisa | Democratic | Yea |
| Foss, Austin | Democratic | Yea |
| Hager, LaurieBeth | Democratic | Yea |
| Hanson, Karla Rose | Democratic | Yea |
| Ista, Zachary | Democratic | Yea |
| Mitskog, Alisa | Democratic | Yea |
| Schneider, Mary | Democratic | Yea |
| Anderson, Bert | Republican | Yea |
| Anderson, Dick | Republican | Not Voting |
| Anderson, Karen A. | Republican | Yea |
| Bahl, Landon | Republican | Yea |
| Beltz, Mike | Republican | Yea |
| Berg, Mike | Republican | Yea |
| Bolinske, Macy | Republican | Yea |
| Bosch, Glenn | Republican | Yea |
| Brandenburg, Mike | Republican | Yea |
| Christianson, Nels | Republican | Yea |
| Christy, Josh | Republican | Yea |
| Dockter, Jason | Republican | Yea |
| Dressler, Ty | Republican | Yea |
| Fegley, Clayton | Republican | Yea |
| Fisher, Jay | Republican | Yea |
| Frelich, Kathy | Republican | Yea |
| Grindberg, Karen | Republican | Yea |
| Grueneich, Jim | Republican | Yea |
| Hagert, Jared C. | Republican | Yea |
| Hatlestad, Patrick R. | Republican | Yea |
| Hauck, Dori | Republican | Yea |
| Headland, Craig | Republican | Not Voting |
| Heilman, Matthew | Republican | Yea |
| Heinert, Pat D. | Republican | Not Voting |
| Henderson, Donna | Republican | Yea |
| Hendrix, Jared | Republican | Yea |
| Holle, Dawson | Republican | Yea |
| Hoverson, Jeff | Republican | Yea |
| Johnson, Jorin | Republican | Yea |
| Johnston, Daniel | Republican | Yea |
| Jonas, Jim | Republican | Yea |
| Karls, Karen | Republican | Yea |
| Kasper, Jim | Republican | Yea |
| Kempenich, Keith | Republican | Not Voting |
| Kiefert, Dwight | Republican | Yea |
| Klemin, Lawrence R. | Republican | Yea |
| Koppelman, Ben | Republican | Yea |
| Lefor, Mike | Republican | Yea |
| Longmuir, Donald W. | Republican | Yea |
| Louser, Scott | Republican | Yea |
| Maki, Roger A. | Republican | Yea |
| Marschall, Andrew | Republican | Yea |
| Martinson, Bob | Republican | Yea |
| McLeod, Carrie | Republican | Yea |
| Meier, Lisa | Republican | Yea |
| Monson, David | Republican | Yea |
| Morton, Desiree | Republican | Yea |
| Motschenbacher, Mike | Republican | Yea |
| Murphy, Eric J. | Republican | Yea |
| Nathe, Mike | Republican | Yea |
| Nehring, Dennis | Republican | Yea |
| Nelson, Jon O. | Republican | Yea |
| Novak, Anna S. | Republican | Yea |
| O'Brien, Emily | Republican | Yea |
| Olson, Jeremy | Republican | Yea |
| Osowski, Doug | Republican | Yea |
| Ostlie, Mitch | Republican | Yea |
| Porter, Todd | Republican | Yea |
| Pyle, Brandy L. | Republican | Yea |
| Richter, David | Republican | Yea |
| Rios, Nico | Republican | Yea |
| Rohr, Karen M. | Republican | Yea |
| Ruby, Dan | Republican | Yea |
| Ruby, Matthew | Republican | Yea |
| Sanford, Mark | Republican | Yea |
| Satrom, Bernie | Republican | Yea |
| Schatz, Mike | Republican | Yea |
| Schauer, Austen | Republican | Yea |
| Schreiber-Beck, Cynthia | Republican | Yea |
| Steiner, Vicky | Republican | Yea |
| Stemen, Gregory | Republican | Yea |
| Swiontek, Steve | Republican | Yea |
| Toman, Nathan | Republican | Yea |
| Tveit, Bill | Republican | Yea |
| VanWinkle, Lori | Republican | Yea |
| Vetter, Steve | Republican | Yea |
| Vigesaa, Don | Republican | Yea |
| Vollmer, Daniel R. | Republican | Yea |
| Wagner, Scott | Republican | Yea |
| Warrey, Jonathan | Republican | Yea |
| Weisz, Robin | Republican | Yea |
| Wolff, Christina | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 1166 do?
- AN ACT to create and enact a new section to chapter 12-60.1 of the North Dakota Century Code, relating to closing certain criminal records; and to amend and reenact sections 12-60.1-01 and 12-60.1-02 of the North Dakota Century Code, relating to closed records and grounds to file a petition to seal a criminal record.
- Who sponsors HB 1166?
- HB 1166 is sponsored by Sen. Larson, Diane, Sen. Myrdal, Janne, Pyle, Brandy L. (Republican), Berg, Mike (Republican), O'Brien, Emily (Republican), and Vetter, Steve (Republican).
- What is the current status of HB 1166?
- This bill has been enacted into law. Introduced January 07, 2025. Enacted.
- Where can I track HB 1166?
- Track HB 1166 free on One Click Politics — get push/email alerts when it moves.
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