House committee substitute makes the following changes to 2nd edition.
Deletes all amendments made to provisions of GS Chapters 14 and 50 in previous edition, and instead establishes a 10-member Joint Legislative Study Committee on Federal Sex Offender Registration and Notification Act (SORNA) Compliance to study and make recommendations on four specified issues. Sets forth appointing authority and additional Committee details. Directs the Committee to make a final report to the 2012 General Assembly when it convenes, and to terminate upon the earlier of the report filing or when the 2012 General Assembly convenes.
Bill H 772 (2011-2012)Summary date: Jun 2 2011 - View summary
Bill H 772 (2011-2012)Summary date: Apr 7 2011 - View summary
Amends GS 14-208.6, the definitions section of the sex offender registration law, to eliminate the terms aggravated offense and sexually violent offense and instead categorize reportable sex crimes into three tiers, tier I, II, and III, with tier I including relatively less serious offenses (such as sexual battery under GS 14-27.5A) and tier III including more serious offenses (such as first-degree rape under GS 14-27.2). Makes conforming changes throughout Article 27A of Chapter 14 of the General Statutes. Defines a 'final conviction' to include determinations by federal, state, territorial, tribal, and certain foreign courts, as well as adjudications involving juveniles of at least 14 years age for violations of certain serious sex crimes. Also sets out new definitions for the terms 'residence address' and 'temporary lodging.'
Requires a 30-year registration period for offenders convicted of a tier I offense, reducible to 10 years in certain circumstances. Sets out an irreducible 30-year registration period for offenders convicted of a tier II offense and requires tier III offenders to register for life.
Amends GS 14-208.7 to require covered offenders to register prior to release from a penal institution (was, within three business days of release). Requires offenders convicted of reportable convictions before July 1, 2011, to register if, as of that date, the offender is required to register for another offense; is serving an active term of imprisonment or is on probation, parole, or post-release supervision for any criminal offense; or is convicted of any felony offense on or after that date. Exempts from the requirement to register any tier I or II offender whose conviction occurred 30 years or more prior to the date the person would otherwise be required to register under the new law.
Adds tattoos, birthmarks, scars, driver's license and social security numbers, telephone and mobile phone numbers, passport or immigration documents, professional licenses, and information about any motor vehicles or other conveyances the registrant may use to the list of information registrants must provide to the sheriff upon registration. Also requires the sheriff to take palm prints in addition to fingerprints at the time of registration. Requires the sheriff to collect a DNA sample. Adds new section GS 14-208.8B to require registrants to notify the sheriff of any planned temporary or transient lodging or travel outside the United States.
Adds new GS 14-208.23A to create a procedure for juveniles required to register under the new law to petition for removal from the registry 30 years from the date of initial county registration.
Removes references to 'aggravated offense' from the statutory sections pertaining to satellite-based monitoring of sex offenders, replacing them with 'tier III offense other than an offense against a minor.'
Makes other conforming changes.
Effective July 1, 2011.