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ND HB1123

ND HB1123
Bail and a summons in lieu of arrest warrant.


summary

Introduced
01/05/2021
In Committee
02/04/2021
Crossed Over
Passed
Dead
04/29/2021

Introduced Session

67th Legislative Assembly

Bill Summary

A BILL for an Act to amend and reenact sections 29-08-02 and 29-05-12 of the North Dakota 2 Century Code, relating to bail and a summons in lieu of arrest warrant.

AI Summary

This bill amends North Dakota's laws related to bail and the use of a summons in lieu of an arrest warrant. The key provisions are: 1. It allows for the release of residents arrested for misdemeanor offenses on their own recognizance without requiring them to appear before a magistrate, with exceptions for certain offenses and cases where the individual may disregard a written promise to appear. Non-residents arrested for misdemeanors may be released upon posting cash bail. 2. It allows magistrates to designate conditions for release on an arrest warrant and to appoint a designee to receive and forward bail to the court. 3. It requires magistrates to issue a summons to appear for residents charged with misdemeanors or infractions, with limited exceptions where an arrest warrant may be issued. For non-residents, the magistrate can authorize either a summons or an arrest warrant. The bill aims to provide greater flexibility in the use of summons and bail, particularly for misdemeanor offenses, to reduce the need for arrests and pre-trial detention where appropriate.

Committee Categories

Justice

Sponsors (9)

Last Action

Second reading, failed to pass, yeas 36 nays 58 (on 02/15/2021)

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