Creates the nine-member Bipartisan North Carolina Legislative Working Group on Criminal Law Recodification (Working Group) to make recommendations to the General Assembly regarding a streamlined, comprehensive, orderly, and principled criminal code that includes all common law, statutory, regulatory, and ordinance crimes. Requires the Working Group to solicit feedback from the public as well as the Chief Justice of the Supreme Court, the Attorney General, the Conference of District Attorneys, Indigent Defense Services, the North Carolina Sheriffs' Association, the North Carolina Association of Chiefs of Police, the North Carolina Police Benevolent Association, the North Carolina League of Municipalities, and the North Carolina Association of County Commissioners.
Establishes Working Group membership requirements and requires that appointments be made no later than 30 days after the act becomes law. Requires the Working Group to meet at least monthly beginning no later than August 15, 2021. Sets out provisions on filling vacancies, establishing a quorum, and assigning staff. Terminates the Working Group on December 31, 2022.
Requires the Working Group to establish general principles that provide for at least the eight listed elements, including applying consistent terminology across statutes and defining all terminology, specifying the required mental state or that an offense is a strict liability crime, eliminating redundant crimes and multiple punishments for the same conduct, and eliminating outdated laws.
Sets out the following required deliverables: (1) for common law crimes and crimes included in the NC General Statutes, create a database of all statutory and common law crimes, including specified information, and draft legislation amending, recodifying, or proposing changes to the criminal statutes in a format consistent with the NCGA's drafting conventions; (2) for crimes created by local ordinances, create a database of ordinance offenses, including specified information; report on common ordinance crimes, including charging data and a range of policy options for addressing ordinance crimes consistent with the Working Group's goals; and draft legislation using a format consistent with the NCGA's drafting conventions; and (3) for crimes created by administrative boards and bodies, create a database of all crimes created by administrative boards and bodies that make it a crime to violate any regulation created by an administrative board or body, including specified information; report on policy options for addressing regulatory crimes consistent with the Working Group's goals; and draft legislation using a format consistent with the NCGA's drafting conventions.
Effective July 1, 2021.
Bill Summaries: H738 (2021)
Bill H 738 (2021-2022)Summary date: Apr 28 2021 - View summary