Bill Summaries: H563 (2015-2016 Session)

  • Summary date: Apr 6 2015 - View summary

    Repeals GS 122C-54(d1), (concerning determinations or findings to be reported to the National Instant Criminal Background Check System (NICS) under the statute governing exceptions and abuse reports and court proceedings). Effective January 1, 2016.

    Recodifies GS 122C-54.1 (Restoration process to remove mental commitment bar) as GS 14-409.42.

    Repeals GS 14-404(c1) (transmission of information to NICS under the statute concerning refusals to issue pistol permits).

    Enacts new GS 14-409.43, Reporting of certain disqualifiers to the NICS, establishing seven instances when a record of determination or finding should be transmitted to the NICS no later than 48 hours after receiving notice, including when there is a determination that an individual shall be involuntarily committed to a facility for inpatient mental health treatment upon a finding that the individual is mentally ill and dangerous to self or others and when there is a finding that an individual is not guilty by reason of insanity. Sets out reporting requirements for additional circumstances including after receiving notice of a felony warrant, indictment, or criminal summons by the Administrative Office of the Courts (AOC) or specified orders issued by a judge. Effective January 1, 2016.

    Amend GS 122C-54(d2), providing that the records for involuntary commitment for inpatient or outpatient mental health treatment or for substance abuse treatment are accessible only by the sheriff or the sheriff's designee for the purposes of conducting background checks as specified. Deletes language which required the Administrative Office of the Courts to adopt rules concerning transmitting information to NICS.

    Amends GS 14-404(a) (concerning the issuance or refusal of pistol permits) and GS 14-415.13(a) (concerning the application for a concealed handgun permit), adding language to both that provides that the required application forms pursuant to those subsections must be provided electronically by the sheriff. Effective October 1, 2015.

    Amends GS 15A-502 adding new subsections that provide that it is the duty of an arresting law enforcement agency to fingerprint a person charged with the commission of specified misdemeanors, including but not limited to, GS 14-134.3 (Domestic criminal trespass), GS 20-138.1 (Impaired driving), or GS 90-95(d) (Possession of a controlled substance). Also provides that arresting law enforcement agencies are required to get as much of the specified personal identifying information as possible; such information includes given names, addresses, date of birth, gender, or race.  Also requires arresting law enforcement agencies to fingerprint and forward the fingerprints to the NICS of all individuals charged with the misdemeanor offense of assault, stalking, or communicating a threat and held under GS 15A-534.1. Requires magistrates to enter all information provided by the arresting law enforcement agencies into the court information system. Makes technical and organizational changes. Effective October 1, 2015.

    Directs the AOC to use funds available form the Court Technology Fund to comply with the reporting provisions found in Section 4 of the bill, as well as to provide all the specified historical records to the NICS, including active and unserved felony warrants, indictments, criminal summonses, and orders for arrest from all counties.

    Amends GS 14-404(g), 14-415.3(c), and 14-415.12(c), making conforming changes.

    Amends GS 122C-54.1(a), recodified by Section 2 of the act as GS 14-409.42(a), making conforming changes, effective January 1, 2016.

    Amends GS 15A-534(a), making conforming changes, effective October 1, 2015.