AN ACT to create and enact a new section to chapter 12.1-34 of the North Dakota Century Code, relating to the rights of sexual violence survivors.
Summary
SB 2387 creates a new section of North Dakota law establishing specific rights for sexual violence survivors. The bill defines who qualifies as a survivor by reference to several sexual offense statutes and then adds protections beyond the general victims’ rights already in state law. These protections include the right to consult with a sexual assault victim advocate during a forensic medical exam, the right to have privately retained counsel present when speaking with law enforcement in most cases, the right to receive a law enforcement report related to the case at no cost, and the right to be given an attorney general-prepared notice explaining these rights and related laws.
The bill also addresses confidentiality and access issues. Communications with a sexual assault victim advocate are privileged unless the survivor waives that privilege, and the waiver itself is also privileged. The advocate-right during a forensic exam is limited if an advocate is not available in a timely manner, and the counsel-right does not apply when law enforcement is conducting a forensic interview with an alleged child victim. Overall, the measure is designed to standardize survivor protections and information access at the earliest stages of a sexual assault response.
Impact
SB 2387 amends North Dakota’s victims’ rights framework by adding a new statutory section in chapter 12.1-34. It expands the legal rights available to sexual violence survivors in interactions with medical providers and law enforcement, creates a statutory privilege for certain advocate communications, and requires the attorney general to prepare a rights notice for distribution. It also affects agencies and providers involved in sexual assault response, including hospitals, sexual assault victim advocates, law enforcement, and the attorney general’s office, while potentially reducing costs to survivors by requiring free access to certain reports.
Sentiment
The bill appears to have had overwhelmingly positive support. It passed the Senate and House with unanimous or near-unanimous votes, with no recorded opposition in the Senate and only five absences in the House. The lack of committee transcript material limits insight into debate, but the voting record suggests broad bipartisan agreement that the bill’s protections for survivors were appropriate and noncontroversial.
Contention
There is little evidence of substantive contention in the available record. The only notable policy limits built into the bill are the exception allowing law enforcement to proceed without a privately retained attorney during a forensic interview of an alleged child victim, and the timing limitation on advocate availability during a forensic medical examination. These carveouts reflect balancing survivor protections with investigative and child-protection procedures, but no recorded opposition or debate is available to show organized resistance.
AN ACT to create and enact a new section to chapter 15.1-19 of the North Dakota Century Code, relating to protection of a student victim of a sexual offense.
A BILL for an Act to amend and reenact sections 12.1-31-01.2 and 14-07.1-02 of the North Dakota Century Code, relating to sexual assault restraining orders and domestic violence protection orders; and to provide for application.