AN ACT to create and enact a new section to chapter 29-22 of the North Dakota Century Code, relating to juror counseling.
HB 1047 creates a new section of North Dakota law requiring courts to offer post-trial psychological counseling to jurors and alternate jurors who served in especially disturbing criminal trials. The counseling is limited to up to ten hours, provided at no charge, and must be offered within 180 days after the jury is discharged. The bill is aimed at trials involving extraordinarily graphic, gruesome, or emotional evidence or testimony.
The bill specifies the types of cases covered, including murder, manslaughter, negligent homicide, felony-level assault or domestic violence, sexual offenses, and child abuse or neglect cases. It also gives courts discretion to include other cases they determine warrant this support. Counseling may be delivered by the court system, a state agency, or through a contract, and may be individual or group counseling.
HB 1047 adds a new juror-support requirement to chapter 29-22 of the North Dakota Century Code, expanding the responsibilities of courts after certain criminal trials. It does not change criminal penalties or trial procedure, but it creates a new state-funded or state-provided service obligation for jurors and alternate jurors exposed to traumatic evidence. The affected parties are the judiciary, court administrators, and jurors in serious violent and sexual offense cases.
The bill appears to have been viewed favorably overall, passing both chambers with strong majorities. The House approved it 80-11 and the Senate 32-13, suggesting broad bipartisan support for providing support to jurors after difficult trials. The fact that it was introduced at the request of the Supreme Court also indicates institutional support from the judiciary.
The main point of possible contention is the scope and cost of the counseling benefit, including which cases qualify and whether the court should have discretion to extend coverage to other trials. Another potential issue is the administrative burden on courts and the question of how counseling services will be provided and funded. The recorded votes show some opposition, but no committee transcript is available to identify specific objections or sponsors' responses.