North DakotaNorth Dakota law sets out rights for sexual violence survivors
North Dakota law gives people harmed by specified sexual violence crimes rights when they have a medical exam or speak with law enforcement.
What it does
During a forensic medical exam, a survivor has the right to consult an advocate, unless one is not available in time. Their conversations and any waiver are protected as private.
A survivor may have a lawyer they hired with them when speaking with law enforcement about the alleged assault, except during a forensic interview with an alleged child victim.
Survivors may get the law enforcement report prepared for their case at no cost, except where other law provides otherwise.
At first contact, a medical provider or law enforcement officer must give the survivor a document explaining their rights.
Argument forA survivor could have an advocate during a forensic medical exam, with private conversations and a private waiver of that right.
Argument againstA survivor may have to face a forensic medical exam without an advocate if one cannot arrive in time.
More detail
Survivors have the right to consult with a sexual assault advocate during a forensic medical exam. This applies to people who are victims of the crimes listed in the law. The right applies unless an advocate is not available in a timely manner. The survivor’s conversations with the advocate and any waiver of this right are privileged, meaning they are protected as private communications.
Survivors have the right to have privately retained counsel present when they speak with law enforcement about the alleged assault. This applies to people who are victims of the crimes listed in the law. This right does not apply when law enforcement conducts a forensic interview with an alleged child victim.
Survivors have the right to access the law enforcement report prepared for their case at no cost. This applies to the law enforcement report prepared for the survivor’s case. Other law may provide an exception.
A medical provider or law enforcement officer must give the survivor a document explaining their rights. The document explains rights under this law and other relevant law. The document must be provided upon the survivor’s initial contact.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Jun 11Filed with Secretary Of State 04/23Latest
- May 17Signed by Governor Kelly Armstrong 04/22Became Law
- Apr 21Sent to GovernorTo Governor
- Apr 21Signed by President
- Apr 21Signed by Speaker
- Apr 16Second reading, passed, yeas 47 nays 0Major
- Vote recorded Motion for Final Passage on SB 2387. Result: pass.Upper
- Apr 16Concurred
- Apr 11Returned to Senate (12)
- Vote recorded Motion for Final Passage on SB 2387. Result: pass.Lower
- Apr 11Second reading, passed as amended, yeas 89 nays 0Passed House
- Apr 11Amendment adopted, placed on calendar
- Apr 10Reported back amended, do pass, amendment placed on calendar 12 0 1Minor
- Apr 4Rereferred to Human Services
- Apr 3Amendment adopted, placed on calendar
- Apr 1Reported back amended, do pass, amendment placed on calendar 13 0 0Minor
- Mar 12Committee Hearing 11:00
- Feb 18Introduced, first reading, referred Human Services CommitteeMinor
- Feb 10Received from Senate
- Feb 7Second reading, passed, yeas 47 nays 0Passed Senate
- Vote recorded Motion for Final Passage on SB 2387. Result: pass.Upper
- Feb 6Amendment adopted, placed on calendar
- Feb 5Reported back amended, do pass, amendment placed on calendar 5 0 1Minor
- Feb 4Committee Hearing 09:00
- Jan 27Introduced, first reading, referred Human Services CommitteeIntroduced
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