e. Manufacture or possession of a controlled or counterfeit substance offenses under section 19-03.1-23; and
f. Drug paraphernalia offenses under chapter 19-03.4.
3. An individual who has engaged in commercial sexual activity is not criminally
liable or subject to a juvenile delinquency proceeding under chapter
27-2027-20.4 for prostitution if the individual was a minor at the time of the
offense.
SECTION 4. AMENDMENT. Subsection 2 of section 14-02.1-03.1 of the North Dakota Century Code is amended and reenacted as follows:
2. Any pregnant woman under the age of eighteen or next friend is entitled to
apply to the juvenile court for authorization to obtain an abortion without
parental consent. All proceedings on such application must be conducted in
the juvenile court of the county of the minor's residence before a juvenile
judge or referee, if authorized by the juvenile court judge in accordance with
the provisions of chapter 27-05, except that the parental notification
requirements of chapter 27-20rules 3, 4, and 5 of the North Dakota Rules of
Juvenile Procedure are not applicable to proceedings under this section. A
court may change the venue of proceedings under this section to another
county only upon finding that a transfer is required in the best interests of the
minor. All applications in accordance with this section must be heard by a
juvenile judge or referee within forty-eight hours, excluding Saturdays and
Sundays, of receipt of the application. The juvenile judge or referee shall find
by clear and convincing evidence:
a. Whether or not the minor is sufficiently mature and well informed with regard to the nature, effects, and possible consequences of both having an abortion and bearing her child to be able to choose intelligently among the alternatives.
b. If the minor is not sufficiently mature and well informed to choose intelligently among the alternatives without the advice and counsel of her parents or guardian, whether or not it would be in the best interests of the minor to notify her parents or guardian of the proceedings and call in the parents or guardian to advise and counsel the minor and aid the court in making its determination and to assist the minor in making her decision.
c. If the minor is not sufficiently mature and well informed to choose intelligently among the alternatives and it is found not to be in the best interests of the minor to notify and call in her parents or guardian for advice and counsel, whether an abortion or some other alternative would be in the best interests of the minor. SECTION 5. AMENDMENT. Subsection 2 of section 14-02.1-08 of the North Dakota Century Code is amended and reenacted as follows:
2. Whenever an unborn child who is the subject of abortion is born alive and is
viable, it becomes an abandoned child and depriveda child in need of
protection, unless:
a. The termination of the pregnancy is necessary to preserve the life of the mother; or