ND HB1383

Creates a new criminal offense prohibiting individuals from loitering and prowling in a place, at a time, or in an unusual manner that warrants justifiable and reasonable alarm or immediate concern for the safety of others or property.

Establishes that alarm or concern is warranted if an individual takes flight upon seeing a law enforcement officer, refuses to reveal their identity, or manifestly endeavors to conceal themselves or any object.

Requires law enforcement officers to afford individuals an opportunity to dispel alarm or concern by requesting their identity and explanation of their presence and conduct before making an arrest, unless flight or other circumstances make this impracticable.

Prohibits conviction for loitering if the officer failed to comply with the warning requirement or if the individual's explanation would have dispelled the alarm or concern had the officer believed it at the time.

Classifies loitering violations as a class B misdemeanor.