Compare versions

--- version:INTRODUCED
+++ version:(document, no version)
@@ -1,5 +1,8 @@
-25.0294.01000
+25.0294.03002
+Title.05000
+Adopted by the Senate
 Sixty-ninth
+April 4, 2025
 Legislative Assembly
 of North Dakota
 Introduced by
@@ -8,28 +11,27 @@
 A BILL for an Act to create and enact a new subdivision to subsection 2 of section 39-06.1-06
 and section 39-10-71.1 of the North Dakota Century Code, relating to statutory fees for traffic
 offenses and a motor vehicle owner's responsibility regarding a driver who flees a peace officer;
-and to provide a penalty.
+to amend and reenact subsection 1 of section 39-06.1-10 of the North Dakota Century Code,
+relating to entries against a driving record; and to provide a penalty.
 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
 SECTION 1. A new subdivision to subsection 2 of section 39-06.1-06 of the North Dakota
 Century Code is created and enacted as follows:
-A violation of section 39  -  10  -  71.1, a fee of fifty dollars for a first violation, and one
-thousand dollars for a second or subsequent violation except as provided under
-section 39  -  10  -  71.1.
-SECTION 2. Section 39-10-71.1 of the North Dakota Century Code is created and enacted
-as follows:
-39  -  10  -  71.1. Motor vehicle owner's responsibility regarding a driver who flees a peace
-officer   -   Exceptions.
-1. The owner of a motor vehicle involved in a violation of section 39  -  10  -  71 is presumed
-to have violated this section.
-2. A peace officer may proceed in accordance with this section instead of pursuing the
-driver of a motor vehicle who flees or attempts to elude the peace officer after being
-given a visual or audible signal to bring the vehicle to a stop in violation of section
-39  -  10  -  71.
-a. A peace officer shall investigate the violation and prepare a traffic citation under
-this section.
-Page No. 1 25.0294.01000
- HOUSE BILL NO. 1229
-
+A violation of section 39  -  10  -  71.1, a fee of one hundred dollars for a first violation,
+and five hundred dollars for a second or subsequent violation except as provided
+under section 39  -  10  -  71.1.
+      SECTION 2. AMENDMENT. Subsection 1 of section 39-06.1-10 of the North Dakota
+Century Code is amended and reenacted as follows:
+              1.   If a report of a conviction of a traffic offense, or admission or adjudication of a
+traffic violation is received by the director, the director shall proceed to enter the proper
+points on the licensee's driving record, unless the points assigned to the violation are
+two or less. If the points assigned to the violation are two or less, the violation and
+points may not be entered on the driving record but must be recorded separately, and
+the separate record is not available to the public. Points from a violation in which the
+points are two or less are considered a part of the driving record for the sole purpose
+Page No. 1 25.0294.03002
+ENGROSSED HOUSE BILL NO. 1229
+FIRST ENGROSSMENT
+PROPOSED AMENDMENTS TO
 1
 2
 3
@@ -50,11 +52,28 @@
 18
 19
 20
-21
-22
 Sixty-ninth
 Legislative Assembly
-b. A peace officer shall issue a traffic citation under this section in accordance with
+of point reduction under section 39  -  06.1  -  13 and for purposes of license suspension  . If
+the driving record shows that the licensee has accumulated a total of twelve or more
+points, assigned on the basis of the schedule contained in subsection 3, the director
+shall notify the licensee of the director's intention to suspend the operator's license
+under section 39-06-33. For the purposes of this chapter, the director also may receive
+and act on reports of traffic offense convictions forwarded by federal, military, and
+tribal courts in this state.
+SECTION 2. Section 39-10-71.1 of the North Dakota Century Code is created and enacted
+as follows:
+39  -  10  -  71.1. Motor vehicle owner's responsibility regarding a driver who flees a peace
+officer   -   Exceptions.
+1. The owner of a motor vehicle involved in a violation of section 39  -  10  -  71 is presumed
+to have violated this section.
+2. A peace officer may proceed in accordance with this section instead of pursuing the
+driver of a motor vehicle who flees or attempts to elude the peace officer after being
+given a visual or audible signal to bring the vehicle to a stop in violation of section
+39  -  10  -  71.
+a. A peace officer   may investigate the violation and prepare a traffic citation under
+this section.
+b. A peace officer   may issue a traffic citation under this section in accordance with
 the North Dakota Rules of Civil Procedure to the motor vehicle owner within
 ninety  -  six hours after observing the violation.
 3. A motor vehicle owner may not be found to have violated this section if:
@@ -62,23 +81,10 @@
 39  -  10  -  71 has been charged with a violation of section 39  -  10  -  71.
 b. The motor vehicle was reported stolen before the violation occurred or within a
 reasonable time after the violation occurred.
-4. A motor vehicle owner is not subject to a fee of one thousand dollars for a second or
-subsequent violation of this section if the motor vehicle owner assists or cooperates
-with a peace officer in the investigation of the individual who operated the motor
-vehicle at the time of the violation of section 39  -  10  -  71.
-5. A motor vehicle owner may not be found to have violated this section, and the lessee
-is presumed to have violated this section, if the motor vehicle owner is a lessor of
-vehicles and at the time of the violation of section 39  -  10  -  71 the motor vehicle was in
-the possession of a lessee, and the lessor provides a peace officer with the motor
-vehicle's registration number and the name, address, and operator's license number of
-the individual renting or leasing the motor vehicle.
-6. A motor vehicle dealer may not be found to have violated this section if the motor
-vehicle was being operated by an individual on a test drive at the time of the violation
-of section 39  -  10  -  71, and the dealer provides a peace officer with the name, address,
-and operator's license number of the individual operating the motor vehicle.
-7. An individual may not be charged both with violating this section and section 39  -  10  -  71
-for acts arising out of the same incident or occurrence.
-Page No. 2 25.0294.01000
+c. The motor vehicle owner assists or cooperates with a peace officer   to
+demonstrate the owner was not the one who operated the motor vehicle at the
+time and place of the violation of section 39  -  10  -  71.
+Page No. 2 25.0294.03002
 1
 2
 3
@@ -103,3 +109,36 @@
 22
 23
 24
+25
+26
+27
+28
+29
+30
+Sixty-ninth
+Legislative Assembly
+d. The motor vehicle owner provides information that demonstrates the owner was
+not the driver of the motor vehicle at the time of the offense.
+4. A motor vehicle owner may not be found to have violated this section, and the lessee
+is presumed to have violated this section, if the motor vehicle owner is a lessor of
+vehicles and at the time of the violation of section 39  -  10  -  71 the motor vehicle was in
+the possession of a lessee, and the lessor provides a peace officer with the motor
+vehicle's registration number and the name, address, and operator's license number of
+the individual renting or leasing the motor vehicle.
+5. An individual may not be charged both with violating this section and section 39  -  10  -  71
+for acts arising out of the same incident or occurrence.
+6. This section may not apply to a motor vehicle rental company that rents motor vehicles
+to customers for a period of ninety days or less.
+Page No. 3 25.0294.03002
+1
+2
+3
+4
+5
+6
+7
+8
+9
+10
+11
+12