North Dakota Senate Bill SB2289

North Dakota 2025-2026 Regular Session

• Introduced: 1/20/25
• Refer: 1/20/25
• Report Pass: 2/12/25
• Engrossed: 2/14/25
• Refer: 2/18/25
• Report DNP: 4/9/25

Caption

A BILL for an Act to create and enact a new section to chapter 14-07 of the North Dakota Century Code, relating to the disclosure of domestic violence protection orders to law enforcement.

Summary

SB 2289 would create a new section in North Dakota Century Code chapter 14-07 requiring court records related to domestic violence protection orders under section 14-07.1-02 to be disclosed to law enforcement upon request. The bill is narrowly focused on access to records, and its purpose is to ensure officers can obtain the information they need to carry out their duties when responding to or enforcing domestic violence protection orders. In practical terms, the bill would expand law enforcement access to court records in domestic violence protection order matters by making disclosure mandatory rather than discretionary. It would affect court recordkeeping and disclosure practices, and it would primarily impact courts, law enforcement agencies, and parties involved in domestic violence protection order proceedings. The bill does not appear to create new substantive protection order standards; instead, it changes how existing records are shared with police and other officers. The overall sentiment reflected in the voting history appears to have been favorable in the Senate, where the bill passed second reading unanimously 47-0, but strongly unfavorable in the House, where it failed on second reading 2-92. That split suggests broad initial support in one chamber but substantial opposition in the other. No committee transcript is available, so the specific arguments for or against the bill are not documented in the provided materials. The main point of contention appears to be the balance between law enforcement access and the handling of court records in domestic violence cases. Supporters likely viewed the measure as a practical tool for officer safety and enforcement, while opponents may have been concerned about privacy, confidentiality, or the scope of mandatory disclosure. Because the bill failed in the House, the opposition there was decisive.

Impact

SB 2289 would amend North Dakota law by adding a new disclosure requirement to chapter 14-07, specifically directing that court records connected to domestic violence protection orders under section 14-07.1-02 be provided to law enforcement upon request. This would affect court administration and record disclosure procedures, and it would give law enforcement a statutory right to obtain those records for enforcement purposes. The bill would not alter the underlying standards for issuing protection orders, but it would change how related records are accessed and shared.

Sentiment

The available voting history suggests mixed sentiment across the legislature. The Senate approved the bill unanimously on second reading, indicating clear support at that stage, but the House overwhelmingly rejected it on second reading, leading to the bill’s failure. With no committee transcripts provided, the record does not show detailed debate, but the final outcome indicates that support was not sustained in the House.

Contention

The central issue appears to have been whether law enforcement should have mandatory access to court records in domestic violence protection order cases. Supporters likely emphasized officer safety, efficient enforcement, and the need for timely information when responding to domestic violence situations. Opponents likely raised concerns about privacy, confidentiality of court records, or whether the disclosure mandate was too broad. The decisive House vote suggests that concerns about the bill outweighed its enforcement benefits for most members.