North Dakota 69-2025 Assembly Status: Enacted

SB 2036 — Relating to fitness to proceed and remediation of juveniles; to amend and reenact section 12.1‑04‑01, subsections 4 and 5 of section 12.1‑04‑08, and section 27‑20.4‑15 of the North Dakota Century Code, relating to the age of an offender, suspension or dismissal of proceedings, and predispositional assessment; to provide an appropriation; and to provide an effective date.

Last action — Filed with Secretary Of State 04/17

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 07, 2025. Enacted.

Signed by Governor Kelly Armstrong (Republican) on April 18, 2025.

Odds of enactment

High chance

Based 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

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 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 chapter 27-20.5 of the North Dakota Century Code, relating to fitness to proceed and remediation of juveniles; to amend and reenact section 12.1-04-01, subsections 4 and 5 of section 12.1-04-08, and section 27-20.4-15 of the North Dakota Century Code, relating to the age of an offender, suspension or dismissal of proceedings, and predispositional assessment; to provide an appropriation; and to provide an effective date.

Bill Text

What changed in the latest version

330 added · 372 removed

Plain-language change summary

The recent changes to SB 2036 clarify the legal framework for dealing with juveniles in the justice system. Notably, the bill continues to assert that children under ten cannot be prosecuted for crimes and sets a limit on prosecuting individuals under fourteen as adults. Additionally, it allows for mental fitness assessments for children aged ten and older, ensuring that those deemed unfit for trial can receive appropriate treatment with legal representation. These measures are important as they aim to recognize the developmental differences in younger individuals and focus on rehabilitation rather than punishment.

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Latest
25.0324.04000 Sixty-ninth Legislative Assembly of North Dakota SECOND ENGROSSMENT REENGROSSED SENATE BILL NO.
Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025 SENATE BILL NO.
2036 Introduced by Legislative Management (Juvenile Justice Committee) A BILL for an Act to create and enact chapter 27-20.5 of the North Dakota Century Code, relating to fitness to proceed and remediation of juveniles;
2036 (Legislative Management) (Juvenile Justice Committee) AN ACT to create and enact chapter 27-20.5 of the North Dakota Century Code, relating to fitness to proceed and remediation of juveniles;
Page No.
a.
1 25.0324.04000 Sixty-ninth Legislative Assembly a.
a.
S.
B.
NO.
2036 - PAGE 2 a.
Page No.
27-20.4-15.
2 25.0324.04000 Sixty-ninth Legislative Assembly 27-20.4-15.
or Page No.
or (3) Dismiss the delinquency proceedings and direct that child in need of protection proceedings be initiated.
3 25.0324.04000 Sixty-ninth Legislative Assembly (3) Dismiss the delinquency proceedings and direct that child in need of protection proceedings be initiated.
27-20.5-01.
S.
B.
NO.
2036 - PAGE 3 27-20.5-01.
If there is reason to doubt the minor's fitness to proceed, the court may order on its own motion, or at the request of the minor, the minor's parent, legal guardian, legal custodian, or attorney, or the prosecuting attorney, a fitness to proceed examination to determine whether the minor is fit to proceed if the minor is the subject of a Page No.
If there is reason to doubt the minor's fitness to proceed, the court may order on its own motion, or at the request of the minor, the minor's parent, legal guardian, legal custodian, or attorney, or the prosecuting attorney, a fitness to proceed examination to determine whether the minor is fit to proceed if the minor is the subject of a delinquency petition in the court.
4 25.0324.04000 Sixty-ninth Legislative Assembly delinquency petition in the court.
2.
S.
B.
NO.
2036 - PAGE 4 2.
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3.
5 25.0324.04000 Sixty-ninth Legislative Assembly 3.
and d.
and S.
B.
NO.
2036 - PAGE 5 d.
The requirement to provide records or information under subsections 4 and 5 does not limit, waive, or abrogate the work product doctrine or the attorney-client privilege, and Page No.
The requirement to provide records or information under subsections 4 and 5 does not limit, waive, or abrogate the work product doctrine or the attorney-client privilege, and release of records and information under subsections 4 and 5 is subject to the work product doctrine and the attorney-client privilege.
6 25.0324.04000 Sixty-ninth Legislative Assembly release of records and information under subsections 4 and 5 is subject to the work product doctrine and the attorney-client privilege.
Page No.
(1) The ability to factually and rationally understand and appreciate the nature and object of the proceedings, including the ability to:
7 25.0324.04000 Sixty-ninth Legislative Assembly (1) The ability to factually and rationally understand and appreciate the nature and object of the proceedings, including the ability to:
(c) Understand and realistically appraise the likely outcomes;
S.
B.
NO.
2036 - PAGE 6 (c) Understand and realistically appraise the likely outcomes;
Page No.
10.
8 25.0324.04000 Sixty-ninth Legislative Assembly 10.
or b.
or S.
B.
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NO.
2036 - PAGE 7 b.
Page No.
b.
9 25.0324.04000 Sixty-ninth Legislative Assembly b.
or Page No.
or b.
10 25.0324.04000 Sixty-ninth Legislative Assembly b.
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S.
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NO.
2036 - PAGE 8 a.
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SECTION 7.
11 25.0324.04000 Sixty-ninth Legislative Assembly SECTION 7.
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12 25.0324.04000
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2036 - PAGE 9 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.
2036.
Senate Vote:
Yeas 46 Nays 1 Absent 0 House Vote:
Yeas 82 Nays 10 Absent 2 ____________________________ Secretary of the Senate 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
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Action History

  1. Filed with Secretary Of State 04/17

  2. Signed by Governor 04/17

  3. Sent to Governor

  4. Signed by President

  5. Signed by Speaker

  6. Returned to Senate

  7. Second reading, passed, yeas 82 nays 10

  8. Reported back, do pass, place on calendar 14 6 3

  9. Rereferred to Appropriations

  10. Reported back, do pass 11 1 2

  11. Committee Hearing 09:00

  12. Introduced, first reading, referred Judiciary Committee

  13. Received from Senate

  14. Second reading, passed, yeas 46 nays 1

  15. Amendment adopted, placed on calendar

  16. Reported back amended, do pass, amendment placed on calendar 12 1 3

  17. Committee Hearing 02:00

  18. Committee Hearing 09:00

  19. Rereferred to Appropriations

  20. Amendment adopted, placed on calendar

  21. Reported back amended, do pass, amendment placed on calendar 7 0 0

  22. Committee Hearing 09:00

  23. Introduced, first reading, referred Judiciary Committee

Sponsors

  • Legislative Management · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 147 not signed on · 11 voted No

Sponsors (1)

  • Legislative Management

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage

Passed 82 Yea · 10 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 11000
Republican 701002
Unaffiliated 1000
Total 821002
% of votes cast 87%11%0%2%
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 Nay
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 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 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 Nay
Maki, Roger A. Republican Nay
Marschall, Andrew Republican Yea
Martinson, Bob Republican Yea
McLeod, Carrie Republican Nay
Meier, Lisa Republican Yea
Monson, David Republican Yea
Morton, Desiree Republican Nay
Motschenbacher, Mike Republican Yea
Murphy, Eric J. Republican Yea
Nathe, Mike Republican Yea
Nehring, Dennis Republican Nay
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 Nay
Rohr, Karen M. Republican Yea
Ruby, Dan Republican Yea
Ruby, Matthew Republican Yea
Sanford, Mark Republican Yea
Satrom, Bernie Republican Yea
Schatz, Mike Republican Nay
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 Nay
VanWinkle, Lori Republican Not Voting
Vetter, Steve Republican Yea
Vigesaa, Don Republican Yea
Vollmer, Daniel R. Republican Yea
Wagner, Scott Republican Nay
Warrey, Jonathan Republican Yea
Weisz, Robin Republican Yea
Wolff, Christina Republican Yea

Official roll call →

Final Passage

Passed 46 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 40100
Democratic 5000
Unaffiliated 1000
Total 46100
% of votes cast 98%2%0%0%
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 Nay
Roers, Kristin Republican Yea
Rummel, Dean Republican Yea
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

Official roll call →

Subjects

public-safety education
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Frequently asked questions

What does SB 2036 do?
AN ACT to create and enact chapter 27-20.5 of the North Dakota Century Code, relating to fitness to proceed and remediation of juveniles; to amend and reenact section 12.1-04-01, subsections 4 and 5 of section 12.1-04-08, and section 27-20.4-15 of the North Dakota Century Code, relating to the age of an offender, suspension or dismissal of proceedings, and predispositional assessment; to provide an appropriation; and to provide an effective date.
Who sponsors SB 2036?
SB 2036 is sponsored by Legislative Management.
What is the current status of SB 2036?
This bill has been enacted into law. Introduced January 07, 2025. Enacted.
Where can I track SB 2036?
Track SB 2036 free on One Click Politics — get push/email alerts when it moves.

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