North Dakota Senate Bill 2212
VERSION: AS INTRODUCED JANUARY 15, 2003
FINAL STATUS: SIGNED INTO LAW MARCH 26, 2003
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38298.0100
Fifty-eighth
Legislative Assembly SENATE BILL NO. 2212
of North Dakota
Introduced by
Senators Dever, Brown, Mathern
Representatives Clark, Onstad, Pietsch
A BILL for an Act to amend and reenact subsection 1 of section 12.1-20-12.1, subsection 8 of section 27-20-02, subsection 2 of section 50-25.1-02, and section 50-25.1-03.1 of the North Dakota Century Code, relating to the crime of indecent exposure, definition of deprived child, and child abuse and neglect reporting requirements; and to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 1 of section 12.1-20-12.1 of the North Dakota Century Code is amended and reenacted as follows:
1. A person, with intent to arouse, appeal to, or gratify that person's lust, passions, or sexual desires, is guilty of a class A misdemeanor if that person:
a. Masturbates in a public place or in the presence of a minor;or
b. Exposes one's penis, vulva, or anus in a public place or to a minor in a public
or private place.
SECTION 2. AMENDMENT. Subsection 8 of section 27-20-02 of the North Dakota Century Code is amended and reenacted as follows:
8. "Deprived child" means a child who:
a. Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child's physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of the child's parents, guardian, or other custodian;
b. Has been placed for care or adoption in violation of law;
c. Has been abandoned by the child's parents, guardian, or other custodian;
d. Is without proper parental care, control, or education as required by law, or other care and control necessary for the child's well-being because of the physical, mental, emotional, or other illness or disability of the child's parent or parents, and that such lack of care is not due to a willful act of commission or act of omission by the child's parents, and care is requested by a parent; or
e. Is in need of treatment and whose parents, guardian, or other custodian have refused to participate in treatment as ordered by the juvenile court.
f. Was subject to prenatal exposure to chronic and severe use of alcohol or any controlled substance as defined in chapter 19-03.1 in a manner not lawfully prescribed by a practitioner; or
g. Is present in an environment subjecting the child to exposure to the clandestine manufacture of controlled substances, their precursors, or analogs.
SECTION 3. AMENDMENT. Subsection 2 of section 50-25.1-02 of the North Dakota Century Code is amended and reenacted as follows:
2. "Abused child" means an individual under the age of eighteen years who is suffering from serious physical harm or traumatic abuse caused by
other than accidental means by a person responsible for the child's welfare, or who is suffering from or was subjected to any act involving that individual in violation of sections 12.1-20-01 through 12.1-20-087.
SECTION 4. AMENDMENT. Section 50-25.1-03.1 of the North Dakota Century Code is amended and reenacted as follows:
50-25.1-03.1. Photographs and x-rays. Any person or official required to report under this chapter may cause to be taken color photographs of the areas of trauma visible on a child who is the subject of a report and, if indicated by medical consultation, cause to be performed a radiological examination or toxicology or laboratory testing of the child without the consent of the child's parents or guardian. All photographs taken pursuant to this section must be taken by law enforcement officials, physicians, or medical facility professionals upon the request of any person or official required to report under this chapter. Photographs, toxicology or laboratory reports, and x-rays taken, or copies of them, must be sent to the department or the department's designee at the time the initial report of child abuse or neglect is made or as soon thereafter as possible.
BILL HISTORY, ND 2003 SB 2212
Introduced by Sen. Dever, Brown, Mathern
Introduced by Rep. Clark, Onstad, Pietsch
A BILL for an Act to amend and reenact subsection 1 of section 12.1-20-12.1, subsection 8 of section 27-20-02, subsection 2 of section 50-25.1-02, and section 50-25.1-03.1 of the North Dakota Century Code, relating to the crime of indecent exposure, definition of deprived child, and child abuse and neglect reporting requirements; and to provide a penalty.
01/15 Senate Introduced, first reading, referred Judiciary
01/22
Senate Committee Hearing 10:00
01/31 Senate Reported back amended, amendment poc y 005 n 000
02/03 Senate Laid over one legislative day
02/04
Senate Amendment adopted, placed on calendar
Second reading passed, y 046 n 000 Emergency clause carried
02/05 House Received from Senate
02/12 House Introduced, first reading, referred Judiciary
03/05 House Committee Hearing 10:00
03/17 House Reported back, do pass, placed on calendar y 011 n 000
03/18
House Second reading passed, y 094 n 000 Emergency clause carried
03/19 Senate Returned to Senate
03/25 Senate Signed by President
03/25
House Signed by Speaker
03/25 Senate Sent to Governor
03/26 Senate Signed by Governor
03/26 Senate Filed with Secretary of State