North Dakota 2026 1st Special Session

North Dakota Senate Bill SB2326

Caption

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.

Summary

SB2326 aims to amend sections of the North Dakota Century Code concerning sexual assault restraining orders and domestic violence protection orders. The bill allows victims of sexual assault or their guardians to petition for restraining orders, detailing the process for obtaining temporary and permanent orders. It outlines the responsibilities of the court in issuing these orders, including the requirement for hearings and the provision of legal support for petitioners. The bill also emphasizes the confidentiality of victims' identities and the penalties for violating restraining orders.

Impact

If enacted, SB2326 would enhance the legal framework for addressing sexual assault and domestic violence in North Dakota. It would establish clearer procedures for victims to obtain protection orders and ensure that law enforcement and the judicial system are equipped to handle these cases effectively. The bill would also potentially lead to increased awareness and reporting of sexual assault incidents, as it lowers the barriers for victims seeking legal recourse.

Sentiment

The sentiment surrounding SB2326 appears to be mixed, with some advocates praising the bill for its potential to provide better protections for victims of sexual assault and domestic violence. However, the bill ultimately failed to pass, indicating that there may have been significant opposition or concerns regarding its provisions during discussions.

Contention

Notable points of contention include concerns about the adequacy of legal protections for respondents and the potential for misuse of restraining orders. Some legislators expressed fears that the bill could lead to false allegations or unintended consequences for individuals named in restraining orders. Advocates for victims, on the other hand, emphasized the need for stronger protections and support for those affected by sexual violence and domestic abuse.

Companion Bills

No companion bills found.

Previously Filed As

ND SB2326

Sexual assault restraining orders and domestic violence protection orders; and to provide for application.

ND HB1489

Sexual assault restraining orders and domestic violence protection orders; to provide a penalty; and to provide an effective date.

ND HB1242

Parental rights and responsibilities; and to provide for application.

ND SB2387

The rights of sexual violence survivors.

ND HB1351

Sexually expressive images; and to provide a penalty.

ND SB2289

The disclosure of domestic violence protection orders to law enforcement.

ND HB1341

Simple assault; and to provide a penalty.

ND HB1301

Possession of a firearm while on probation; and to provide for application.

ND HB1336

Orders prohibiting contact and use of orders prohibiting contact as an alternative to sentencing.

ND SB2292

The reimbursement of medical screening and examination for sexual assault victims.

Similar Bills

KS HB2198

Enacting the gun violence restraining order act to authorize the issuance of protective orders prohibiting the acquisition and possession of firearms by certain individuals.

CA AB451

Law enforcement policies: restraining orders.

MI HB4132

Crimes: animals; cross-reference in revised judicature act; update. Amends sec. 2950 of 1961 PA 236 (MCL 600.2950). TIE BAR WITH: HB 4131'25

MI HB5916

Criminal procedure: sentencing; mandatory sentencing for certain crimes in the revised judicature act; require. Amends sec. 2950 of 1961 PA 236 (MCL 600.2950).

MI SB0612

Civil procedure: service of process; cost for service of process for personal protection orders; eliminate. Amends sec. 2950a of 1961 PA 236 (MCL 600.2950a) & adds secs. 2950d & 2950p. TIE BAR WITH: SB 0611'25, HB 5120'25

MI HB5121

Civil procedure: service of process; cost for service of process for personal protection orders; eliminate. Amends sec. 2950a of 1961 PA 236 (MCL 600.2950a) & adds secs. 2950d & 2950p. TIE BAR WITH: HB 5120'25

MI SB0611

Civil procedure: service of process; cost for service of process for personal protection orders; eliminate. Amends secs. 2559 & 2950 of 1961 PA 236 (MCL 600.2559 & 600.2950). TIE BAR WITH: SB 0612'25, HB 5121'25

MI HB5120

Civil procedure: service of process; cost for service of process for personal protection orders; eliminate. Amends secs. 2559 & 2950 of 1961 PA 236 (MCL 600.2559 & 600.2950). TIE BAR WITH: HB 5121'25