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Criminal Code
Chapter 97

CRIMINAL CODE

CHAPTER 97

SENATE BILL NO. 2042

(Legislative Management)

(Human Services Committee)

AN ACT to amend and reenact sections 5-01-05.1, 12.1-01-04, 12.1-04-06, 12.1-04.1-02, 12.1-04.1-03, 12.1-04.1-04, 12.1-04.1-05, 12.1-04.1-06, 12.1-04.1-07, 12.1-04.1-08, 12.1-04.1-10, 12.1-04.1-11, 12.1-04.1-12, 12.1-04.1-13, 12.1-04.1-14, 12.1-04.1-15, 12.1-04.1-22, 12.1-04.1-23, 25-01-01, 25-03.1-04, 25-03.1-08, 25-03.1-10, 25-03.1-11, 25-03.1-18.1, 32-03-48, and 43-41-07, subdivision b of subsection 1 of section 43-48-15, sections 49-10.1-05, 50-25.1-03, 50-25.2-03, and 62.1-01-01, subdivisions b and c of subsection 1 of section 62.1-02-01, and subdivision b of subsection 1 of section 62.1-02-01.2 of the North Dakota Century Code, relating to references to mental health professionals and licensure of social workers.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 5-01-05.1 of the North Dakota Century Code is amended and reenacted as follows:

5-01-05.1. Public intoxication - Assistance - Medical care.

A peace officer has authority tomay take any apparently intoxicated personindividual to the person'sindividual's home, to a local hospital, to a detoxification center, or, whenever that personindividual constitutes a danger to that personindividual or others, to a jail for purposes of detoxification. A duly licensed physiciantier 1b mental health professional, as defined under section 25-01-01, of a local hospital or a licensed addiction counselor of a detoxification center has authority tomay hold that personindividual for treatment up to seventy-two hours. That intoxicated personindividual may not be held in jail because of intoxication more than twenty-four hours. An intoxicated personindividual may not be placed in a jail unless a jailer is constantly present within hearing distancemonitoring the individual and medical services are provided whenif the need is indicated. Upon placing that personindividual in jail, or if the personindividual is admitted intoto a hospital or detoxification center, upon admission, the peace officer shall make a reasonable effort to notify the intoxicated person'sindividual's family as soon as possible. Any additional costs incurred by the city, county, ambulance service, or medical service provider on account of an intoxicated person shall beindividual are recoverable from that personindividual.

SECTION 2. AMENDMENT. Section 12.1-01-04 of the North Dakota Century Code is amended and reenacted as follows:

12.1-01-04. General definitions.

As used in this title, unless a different meaning plainly is required:

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