contact the minor's parent or legal guardian to explain the cause for the custody and the implied consent chemical testing requirements. Neither the game warden or law enforcement officer's efforts to contact, nor any consultation with, a parent or legal guardian may be permitted to interfere with the administration of chemical testing requirements under this chapter.
SECTION 11. AMENDMENT. Section 20.1-15-01 of the North Dakota Century Code is amended and reenacted as follows:
20.1-15-01. Implied consent to determine alcohol concentration and presence of drugs.
Any individual who is afield with a gun or other firearm or a bow and arrow is
deemed to have given consent, and shall consent, subject to this chapter, to a
chemical test of the blood, breath, or urine for the purpose of determining the alcohol
concentration or presence of other drugs, or combination thereof, in the individual's
blood, breath, or urine. As used in this chapter, "drug" means any drug or substance
or combination of drugs or substances which renders an individual incapable of safely
hunting or being afield with a gun or other firearm or a bow and arrow, and "chemical
test" means any test or tests to determine the alcohol concentration or presence of
other drugs, or combination thereof, in the individual's blood, breath, or urine,
approved by the director of the state crime laboratory or the director's designee under
this chapter. The chemical test must be administered at the direction of a game
warden or a law enforcement officer only after placing the individual, except
individuals mentioned in section 20.1-15-04, under arrest and informing that individual
that the individual is or will be charged with the offense of being afield with a gun or
other firearm or a bow and arrow while under the influence of intoxicating liquor,
drugs, or a combination thereof. For the purposes of this chapter, the taking into
custody of a minor under section 27-20-1327-20.4-05 satisfies the requirement of an
arrest. The game warden or law enforcement officer shall also inform the individual
charged that refusal of the individual to submit to the chemical test determined
appropriate will result in a revocation for up to four years of the individual's hunting
privileges. The game warden or law enforcement officer shall determine the chemical
test to be used. When a minor is taken into custody for violating section 20.1-01-06,
the game warden or law enforcement officer shall diligently attempt to contact the
minor's parent or legal guardian to explain the cause for the custody and the implied
consent chemical testing requirements. Neither the game warden or law enforcement
officer's efforts to contact, nor any consultation with, a parent or legal guardian may
be permitted to interfere with the administration of chemical testing requirements
under this chapter.
SECTION 12. AMENDMENT. Section 26.1-36-20 of the North Dakota Century Code is amended and reenacted as follows:
26.1-36-20. Juvenile's accident and health coverage to continue Conditions.
Insurance companies and nonprofit health service corporations licensed in this
state shall continue coverage of a juvenile insured under an accident and health
insurance policy or a health service contract while the legal custody of the juvenile
has been given by a court, under chapter 27-20chapters 27-20.3 and 27-20.4, to any
public institution or agency, to the same extent as the general public is covered as
long as the juvenile meets all the other usual qualifications for insurability and
continues to pay the policy or contract premiums. A juvenile's incarceration may not
be a basis for cancellation of the juvenile's accident and health insurance policy or
health service contract.
