Signed by Governor Doug Burgum

Vote Smart's Synopsis:

Vote to adopt a conference report establishing protective measures for drug informants working with law enforcement.

Highlights:

• Requires law enforcement to enter into written agreements with all confidential informants which must contain information including, but not limited to, the following (Sec. 1):

• Notice of an individual’s right to legal counsel;

• A description of the activities required of the confidential informant; and

• The requirement that the confidential informant provide the name and contact information for next of kin or a personal representative.

• Prohibits law enforcement from using an individual aged 15 years or younger as a confidential informant (Sec. 1).

• Specifies that law enforcement may use an individual older than 15 years of age but younger than 18 only if (Sec. 1):

• The individual is subject to criminal charges;

• Law enforcement has determined there is no other reasonable way to obtain evidence of a crime;

• The prosecuting attorney and the individual’s guardian has signed the informant agreement; and

• The individual has consulted with legal counsel.

• Requires law enforcement agencies using confidential informants to follow procedures including, but not limited to, the following (Sec. 1):

• Train all personnel in procedures consistent with national law enforcement guidelines;

• Execute protective measures when there is reasonable suspicion of a threat to a confidential informant;

• Establish guidelines to deactivate confidential informants; and

• Restrict off-duty social relationships between law enforcement personnel and confidential informants.

• Requires law enforcement agencies to establish procedures to keep records regarding the suitability of individuals for service as confidential informants, security records, and records regarding personal information of the confidential informant and information gained through the confidential informant (Sec. 1).

• Requires law enforcement agencies to withdraw from the investigation of the death of any confidential informant under their supervision (Sec. 1).

Full Bill Text