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ND HB1030

Bill

Status

Passed

4/21/2015

Primary Sponsor

Legislative Management

Click for details

Origin

House of Representatives

64th Legislative Assembly

AI Summary

  • Defines "manifest injustice" as a specific finding by the court that imposition of sentence is unreasonably harsh or shocking to the conscience of a reasonable individual, considering the totality of circumstances.

  • Allows courts to deviate from a 20-year mandatory minimum sentence for class AA felony convictions if manifest injustice would result and the defendant accepted responsibility or cooperated with law enforcement, but minimum incarceration cannot be less than five years.

  • Creates new exceptions to mandatory minimum sentences in drug-related offenses (chapter 19-03.1) when a court finds compelling reasons that such sentences would result in manifest injustice and are unnecessary for public protection.

  • Requires judges departing from mandatory minimum sentences to report to the state court administrator, who must publish an annual electronic report by July 1 detailing total departures from mandatory minimums.

  • Permits early termination of probation for gross sexual imposition convictions after eight years of supervised probation if further supervision would impose manifest injustice.

Legislative Description

The definition of manifest injustice.

Last Action

Signed by Governor 04/20

4/21/2015

Committee Referrals

Judiciary1/6/2015

Full Bill Text

No bill text available