AN ACT TO AMEND THE LAW ESTABLISHING THE REGULAR AND SPECIAL CONDITIONS OF PROBATION AND TO REPEAL THE LAW TOLLING THE PROBATION PERIOD WHILE CRIMINAL CHARGES ARE PENDING THAT MIGHT RESULT IN REVOCATION PROCEEDINGS. Summarized in Daily Bulletin 3/9/11, 3/17/11, 3/23/11, and 4/20/11. Enacted May 3, 2011. Effective December 1, 2011.
Bill Summaries: H270 (2011-2012 Session)
Summary date: May 4 2011 - View summary
Summary date: Apr 20 2011 - View summary
Senate committee substitute makes the following changes to 3rd edition. Amends the regular condition of probation in GS 15A-1343(b)(16) to provide that a probation officer may only instruct a probationer to supply a breath, urine, or blood specimen for purposes directly related to the probation supervision.
Summary date: Mar 23 2011 - View summary
House amendment makes the following changes to 2nd edition. Amends proposed language in GS 15A-1343(b)(2) to require that a defendant make the defendant's whereabouts known to the probation officer (was, known to the probation officer at all times). Also provides that if the results of a breath, urine, or blood analysis is positive, the probationer may be required to reimburse the Department of Correction for the actual costs of drug or alcohol screening and testing (was, defendant must pay the costs of the breath, urine, or blood analysis when instructed by the probation officer).
Summary date: Mar 17 2011 - View summary
House committee substitute makes the following changes to 1st edition.
Amends GS 15A-1343(b1), consolidating the new special conditions of probation related to street gangs, and clarifying that street gang is defined in GS 14-50.16(b). Also clarifies that the defendant cannot wear any item readily identifiable as associated with a street gang. Makes conforming changes. Amends GS 15A-1343(b)(13), removing the requirement that the probationer pay for drug screening and testing costs, when the warrantless search involves testing for illegal drugs. Makes a technical change.
Summary date: Mar 9 2011 - View summary
Amends GS 15A-1343(b)(2) to require a defendant on probation to remain accessible to the probation officer by making the defendant's whereabouts known to the officer at all times and not leave the defendant's county of residence or North Carolina (rather than remain within the court's jurisdiction) unless granted written permission by the court or officer. Removes probation condition that the defendant visit the probation officer at a designated time. Enacts new GS 15A-1343(b)(16) to also direct the defendant to supply a breath, urine, or blood specimen to analyze for the possible presence of prohibited drugs or alcohol when instructed by the probation officer, and to pay the analysis costs if required.
Amends GS 15A-1343(b1) to add the following special conditions of probation: (1) do not knowingly associate with any known gang member and do not knowingly be present at any place or location where gangs gather or where gang activity is known to occur, (2) do not wear any item identified with or used by a gang, (3) do not contact any individual who was or may be a witness against or victim of the defendant or the defendant's gang, and (4) do participate in any Project Safe Neighborhood activities as directed by the probation officer.
Repeals GS 15A-1344(g) (concerning tolling the probation period during pending criminal charges that could result in revocation).
Applies to persons placed on probation on and after December 1, 2011.