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-Sixty-ninth Legislative Assembly of North Dakota
-In Regular Session Commencing Tuesday, January 7, 2025
-SENATE BILL NO. 2056
-(Judiciary Committee)
+25.8030.01000
+Sixty-ninth
+Legislative Assembly
+of North Dakota
+Introduced by
+Judiciary Committee
 (At the request of the Supreme Court)
-AN ACT to amend and reenact section 29 -06.1-02 of the North Dakota Century Code, relating to tribal
-arrest warrants.
+A BILL for an Act to amend and reenact section 29-06.1-02 of the North Dakota Century Code,
+relating to tribal arrest warrants.
 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
-SECTION 1. AMENDMENT. Section 29-06.1-02 of the North Dakota Century Code is amended and
-reenacted as follows:
+SECTION 1. AMENDMENT. Section 29-06.1-02 of the North Dakota Century Code is
+amended and reenacted as follows:
 29-06.1-02. Arrest with or without warrant.
-1. A peace officer may arrest a person subject to a tribal arrest warrant if presented with the
-warrant and may arrest a person without a tribal arrest warrant upon probable cause to
-believe that the person is the subject of such a warrant. An arrest is authorized under this
-subsection only if the arrest warrant is issued for commission of a crime punishable as a
-misdemeanor under the applicable tribal ordinance or resolution.
-2. The arrested person may waive the right to appear before a judge and consent to transfer of
-custody to the applicable tribal authority by executing a written waiver in the presence of a
-peace officer or correctional officer. Before executing a written waiver, the arrested person
-must  be  informed  of  the  name  of  the  tribe  that  issued  the  arrest  warrant,  the  right  to
-assistance of counsel, and the right to appear before a district judge before transfer of custody
-to  the  applicable  tribal  authority.  If  a  waiver  is  executed,  the  court  shall  issue  an  order
-transferring  custody  of  the  arrested  person  to  the  applicable  tribal  authority  or,  with  the
-consent of the applicable tribal authority, authorize the voluntary return of the arrested person
-to the applicable tribal authority.
-3. If the arrested person does not waive appearance before a judge under subsection     2, the
-arrested person must be brought without unnecessary delay before the nearest available
-district judge.
-3.4. The district judge shall issue an order continuing custody upon presentation of the tribal arrest
-warrant  or,  if  the  arrest  is  made  without  a  warrant,  upon  testimony  or  affidavit  showing
-probable cause to believe the person is the subject of such a warrant.
-S. B. NO. 2056 - PAGE 2
-____________________________ ____________________________
-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. 2056.
-Senate Vote: Yeas 46 Nays 0 Absent  1
-House Vote: Yeas 88 Nays 1 Absent  4
-____________________________
-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
+1. A peace officer may arrest a person subject to a tribal arrest warrant if presented with
+the warrant and may arrest a person without a tribal arrest warrant upon probable
+cause to believe that the person is the subject of such a warrant. An arrest is
+authorized under this subsection only if the arrest warrant is issued for commission of
+a crime punishable as a misdemeanor under the applicable tribal ordinance or
+resolution.
+2. The arrested person may waive the right to appear before a judge and consent to
+transfer of custody to the applicable tribal authority by executing a written waiver in the
+presence of a peace officer or correctional officer. Before executing a written waiver,
+the arrested person must be informed of the name of the tribe that issued the arrest
+warrant, the right to assistance of counsel, and the right to appear before a district
+judge before transfer of custody to the applicable tribal authority. If a waiver is
+executed, the court shall issue an order transferring custody of the arrested person to
+the applicable tribal authority or, with the consent of the applicable tribal authority,
+authorize the voluntary return of the arrested person to the applicable tribal authority.
+3. If the arrested person does not waive appearance before a judge under subsection     2,
+the arrested person must be brought without unnecessary delay before the nearest
+available district judge.
+Page No. 1 25.8030.01000
+ SENATE BILL NO. 2056
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+3.4. The district judge shall issue an order continuing custody upon presentation of the
+tribal arrest warrant or, if the arrest is made without a warrant, upon testimony or
+affidavit showing probable cause to believe the person is the subject of such a
+warrant.
+Page No. 2 25.8030.01000
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