AN ACT TO INCREASE THE CRIMINAL PENALTY FOR COMMUNICATING A THREAT OF MASS VIOLENCE ON EDUCATIONAL PROPERTY OR AT A PLACE OF RELIGIOUS WORSHIP, TO PROVIDE FOR CONDITIONAL DISCHARGE OF PERSONS CONVICTED OF THOSE OFFENSES WHEN THE OFFENSE IS COMMITTED UNDER THE AGE OF TWENTY, AND TO REQUIRE A JUDGE TO SET CONDITIONS OF RELEASE FOR THOSE OFFENSES. Enacted June 25, 2018. Effective December 1, 2018.
Summary date: Jun 26 2018 - View summary
Summary date: Jun 13 2018 - View summary
Senate committee substitute rewrites the 2nd edition entirely and makes conforming changes to the bill title.
Adds new GS 14-277.6 to create a criminal offense of communicating a threat of mass violence on educational property or at a curricular or extracurricular activity sponsored by a school. Makes the offenses punishable as a Class H felony.
Adds new GS 14-277.7 to create a criminal offense of communicating a threat of mass violence at a place of religious worship and defines a place of religious worship. Makes the offense punishable as a Class H felony.
Adds new GS 14-277.8 authorizing conditional discharge and dismissal of a conviction of a violation of GS 14-277.5, 14-277.6, or 14-277.7. A court may order that a defendant convicted of any of these offenses may be placed on conditional supervised probation for one year if the defendant has no prior criminal or misdemeanor convictions other than a traffic violation and is under 20 years of age at the time the offense was committed. The conditions of probation must include that the defendant complete a minimum of 30 hours of community service, obtain a mental health evaluation, and comply with any mental health treatments recommended. Upon successful completion of the terms and conditions of probation, the court is required to discharge the defendant and dismiss the proceedings without court adjudication of guilt. Upon discharge, the defendant may apply for expunction of the criminal record pursuant to GS 15A-145.7. A person is entitled to conditional discharge and dismissal of offenses under this statute only once.
Adds new GS 15A-145.7 to authorize expunction of the criminal record of eligible defendants convicted of a violation of GS 14-277.5, 14-277.6, or 14.277.7 upon successful completion of the conditions of probation and discharge and dismissal of the criminal charges under GS 14-277.8. In applying for expunction, the applicant must provide (1) an affidavit attesting to the applicant’s good behavior and no criminal convictions other than a traffic violation, (2) affidavits by two persons not related to the applicant by blood or marriage attesting to the applicant’s good character, and (3) application for a national criminal record check. The judge to whom the petition for expunction is presented may obtain additional information from the applicant’s probation officer. After a hearing, the court must order expunction if all requirements are met, thus requiring all records related to the criminal proceeding to be expunged except those retained in confidential files under GS 15A-151. Applicant must pay a fee of $175 at the time the petition for expunction is filed; the fee is allocated between the Department of Public Safety and the Administrative Office of the Court.
Amends GS 15A-150(a) to make technical conforming change.
Adds new GS 153A-534.7 to establish procedures for bail and pretrial release of defendants charged with violations of GS 14-277.6 or GS 14-277.7. Within the first 48 hours of arrest, only a judge may establish conditions for pretrial release and must consider the defendant’s criminal history when setting conditions of pretrial release. The defendant may be detained for a reasonable period of time during which the judge determines conditions of pretrial release if the judge finds that immediate release will pose a danger of injury to persons or property or that a bond will not reasonably secure the defendant’s appearance. The conditions of pretrial release may include requiring the defendant to stay away from the place against which the threat was communicated. The provisions of Article 5 of Chapter 122C apply if the defendant is either mentally ill or a substance abuser and is a danger to himself or others.
Provides that the act is effective December 1, 2018, and applies to all offenses committed on or after that date.
Summary date: Apr 25 2017 - View summary
House committee substitute makes the following changes to the 1st edition.
Amends subsection (c) of proposed GS 14-277.6 (Making a threat concerning mass violence on educational property), authorizing the court to order a person convicted under this new statute to pay restitution, including costs and consequential damages resulting from the disruption of the normal activity that would have otherwise occurred on the premises but for the threat (previously, but for the false report), pursuant to Article 81C of GS Chapter 15A.
Summary date: Apr 10 2017 - View summary
Enacts new GS 14-277.6, making it a Class H felony for any person who, by any means of communication to any person or groups of persons, makes a threat that an act of mass violence is going to occur on education property or at a curricular or extracurricular activity sponsored by a school. Defines educational property, mass violence, and school. Requires that the threat be made in a manner and under circumstances that a reasonable person would believe the threat to be credible. Authorizes the court to order a person convicted under this new statute to pay restitution, including costs and consequential damages resulting from the disruption of the normal activity that would have otherwise occurred on the premises but for the false report, pursuant to Article 81C of GS Chapter 15A. Effective December 1, 2017, and applies to offenses committed on or after that date.