AN ACT to amend and reenact subsection 2 of section 39-08-01.2 of the North Dakota Century Code, relating to punishment for causing injury while operating a vehicle under the influence of alcohol; and to provide a penalty.
Summary
HB 1503 amends North Dakota’s criminal vehicular injury law to increase the mandatory prison term for certain alcohol-related driving offenses that cause serious harm. Under current law, a person who violates the state’s impaired-driving statute and thereby causes substantial bodily injury or serious bodily injury commits a class C felony offense; this bill keeps that offense classification but changes the sentencing floor.
Specifically, the bill requires a court to impose at least one year and one day of imprisonment for a first offense, and at least two years of imprisonment if the person has a prior conviction under the state’s impaired-driving statutes or an equivalent ordinance. The bill is framed as a penalty enhancement for injury caused while operating a vehicle under the influence of alcohol.
Impact
The bill directly amends subsection 2 of section 39-08-01.2 of the North Dakota Century Code, strengthening mandatory minimum sentencing for criminal vehicular injury tied to DUI conduct. It affects defendants convicted of causing substantial bodily injury or serious bodily injury while violating the state’s impaired-driving laws, and it limits judicial discretion by requiring incarceration of at least one year and one day for a first offense and two years for repeat offenders.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the House 87-3 and the Senate 43-2, indicating strong agreement that harsher penalties are appropriate for impaired driving that injures others. The voting margins suggest the measure was generally viewed favorably as a public-safety and accountability bill.
Contention
The main point of contention is the severity of the mandatory minimum sentences and the reduced discretion for judges in sentencing. Although the vote totals show only a small minority opposed the bill, those dissenting votes likely reflect concern about mandatory incarceration, proportionality of punishment, or whether longer prison terms are the best response to DUI-related injury. No committee testimony was provided, so the record here does not identify specific arguments from supporters or opponents beyond the statutory change itself.
AN ACT to amend and reenact subsection 2 of section 39-08-01.2 of the North Dakota Century Code, relating to punishment for causing injury while operating a vehicle under the influence of alcohol; and to provide a penalty.
The special punishment for causing injury or death while operating a vehicle while under the influence of alcohol or any other drugs or substances and to driving while under the influence of alcohol or any other drugs or substances while being accompanied by a minor; to provide a penalty; and to provide for application.
AN ACT to amend and reenact sections 39-08-01.2 and 39-08-01.4 of the North Dakota Century Code, relating to the special punishment for causing injury or death while operating a vehicle while under the influence of alcohol or any other drugs or substances and to driving while under the influence of alcohol or any other drugs or substances while being accompanied by a minor; to provide a penalty; and to provide for application.
AN ACT to amend and reenact section 39-29-01, subsection 4 of section 39-29-08, and section 39-29-12 of the North Dakota Century Code, relating to the regulation of the operation of off-highway vehicles and political subdivision rules regulating off-highway vehicles; and to provide a penalty.
A BILL for an Act to create and enact a new subdivision to subsection 4 of section 12.1-32-07, a new subsection to section 12.1-32-08, and a new section to chapter 39-08 of the North Dakota Century Code, relating to restitution for the child of a victim of criminal vehicular homicide and conditions of probation; to amend and reenact subsection 5 of section 12.1-32-06.1 of the North Dakota Century Code, relating to the extension of probation; to provide a penalty; and to provide for application.