House committee substitute makes the following changes to 2nd edition. Deletes all provisions of the 2nd edition and replaces it with AN ACT TO AMEND THE DEFINITION OF DELINQUENT JUVENILE TO RAISE THE AGE FROM SIXTEEN TO EIGHTEEN YEARS IN SIX-MONTH INCREMENTS OF AGE OVER A FOUR-YEAR PERIOD FOR SIXTEEN- AND SEVENTEEN-YEAR-OLDS ALLEGED TO HAVE COMMITTED A MISDEMEANOR, TO PROVIDE THAT SIXTEEN- AND SEVENTEEN-YEAR OLDS WHO HAVE BEEN PREVIOUSLY CONVICTED OF A FELONY IN ADULT COURT SHALL REMAIN IN ADULT COURT, TO MAKE CONFORMING CHANGES TO OTHER STATUTES RELEVANT TO CHANGING THE DEFINITION OF DELINQUENT JUVENILE, AND TO EXTEND THE YOUTH ACCOUNTABILITY TASK FORCE.
Current law identifies as a delinquent juvenile an individual who commits a crime or infraction under state law or local ordinance and is less than 16 years of age but at least 6 years of age. Rewrites GS 7B-1501(7) to amend the definition of delinquent juvenile to incrementally increase the upper age limit for identification as a juvenile from age 16 to 18 over a four-year period for those committing a misdemeanor, infraction or in direct contempt. Makes incremental increases in the age limit for identification as a juvenile effective as follows: (1) 16 years and six months of age effective July 1, 2016; (2) 17 years of age effective July 1, 2017; (3) 17 years and six months of age effective July 1, 2018; and (4) 18 years of age effective July 1, 2019.
Makes clarifying changes to GS 7B-1501(11) to provide that a holdover facility for a juvenile may be a place located in a jail (was, defined holdover facility as a place in a jail) that meets the state standards for the operation of local confinement facilities as required in GS 153A-221 (was, meeting the state standards for detention). Effective July 1, 2016.
Amends GS 7B-1601 regarding jurisdiction over delinquent juveniles to make incremental conforming changes regarding the court’s jurisdiction over delinquent juveniles. Amends GS 7B-1604 (limitations on juvenile court jurisdiction) to provide that a juvenile who commits a criminal offense on or after the juvenile attains the age of 16 years and six months is subject to prosecution as an adult. Also provides that a juvenile who is transferred to and convicted in superior court or has been previously convicted of a felony in superior or district court, including a violation of state motor vehicle laws, is to be prosecuted as an adult for any criminal offense that is committed after the district or superior court conviction. Effective July 1, 2016. Also makes further amendments at later dates to GS 7B-1604 to phase in the new age limitations for defining a delinquent juvenile who commits a misdemeanor.
Amends GS 7B-2506, effective July 1, 2016, to permit a judge to excuse a juvenile less than 16 years of age from compliance with the compulsory school attendance laws providing that there are suitable alternative plans. Removes the 12-month limitation on ordering a juvenile to cooperate with a community-based program, an intensive substance abuse treatment program, or a residential or nonresidential treatment program.
Amends GS 7B-2507, effective July 1, 2016, regarding computing delinquency history records to provide for the assigning of points for prior convictions as well as adjudications. Specifies the number of points added for certain convictions. Makes conforming changes.
Makes various conforming changes to the following statutes to coincide with the incremental increases to raise the upper age limit for identification as a juvenile delinquent from age 16 to 18: GS 7B-2513, 7B-2515, 7B-2603(b), 5A-31, 5A-34, and 14-316.1 Includes effective dates corresponding with the effective dates for the incremental increases in the definition age for juvenile delinquent.
Amends GS 143B-805(6) to define delinquent juvenile to accurately reflect the phase-in of the increase in age limitations. Amends GS 143B-806(b), effective July 1, 2016, to add to the powers and duties of the Secretary of Public Safety the authority to provide for transportation of persons under the jurisdiction of the juvenile court to and from a state or local juvenile facility for any purpose required under GS Chapter 7B or on order of the court.
Provides that for the purposes of this act, the calculation of a juvenile’s age is to be from the date of birth in the month of birth to the same date in each calendar month.
Amends Section 18.9 of SL 2009-451, effective January 1, 2012, which established the Youth Accountability Planning Task Force, to reflect the establishment of the Department of Public Safety and the creation of the Division of Juvenile Justice within the Department of Public Safety. Makes amendments to the Task Force membership. Provides that upon the enactment of legislation which expands the jurisdiction of the Division of Juvenile Justice of the Department of Public Safety to include 16- and 17-year-olds who commit crimes or infractions, the Task force is to monitor and review the expansion and make recommendations to the General Assembly as necessary. Effective January 14, 2011, extends the work of the Task Force to require its final report as of January 15, 2020 (was, January 15, 2011).
Bill Summaries: S434 (2011-2012 Session)
Summary date: Jun 20 2012 - View summary
Summary date: Apr 19 2011 - View summary
Senate committee substitute makes the following changes to 1st edition.
Amends GS 36C-8-808 to add clarifying language to identify the duty and liability of the trustee that is subject to the direction and consent of the settlor. Makes technical and organizational changes. Provides that the terms of the trust may confer the power to take certain actions on a person who is not a trustee or a settlor of a revocable trust (was, may confer such power on a person other than a settlor). Provides that new subsection (e1) of GS 36C-7-703 regarding conditions when the terms of a trust confers upon a co-trustee the power to take certain actions with respect to the trust, to the exclusion of another co-trustee applies except as otherwise provided (was, subject to) in the provisions of proposed subdivision (1)a. of subsection (e1).
Summary date: Mar 28 2011 - View summary
Amends GS 36C-8-808(a), adding that the settlor of a revocable trust has the power to direct or consent to the actions of the trustee whether or not the power is conferred upon the settlor by the trust. Adds that the trustee is not liable, individually or as a fiduciary, for any loss resulting from compliance with the settlor’s directive or for any loss resulting from the trustee’s failure to take action requiring the settlor’s consent, as detailed. Makes a conforming change. Amends GS 36C-8-808(b), clarifying that the terms of the trust may confer the power to take certain actions on a person other than the settlor of a revocable trust including the power to (1) direct or consent to actions regarding three listed issues; (2) modify or amend the trust as specified; (3) remove and appoint trustees, advisors, trust committee members, and trust protectors; (4) increase or decrease the interests of any beneficiary; (5) grant, modify, or terminate a power of appointment as described, and (6) change the governing law of the trust. Amends GS 36C-8-808(c), enumerating four duties and liabilities of the trustee, when the trust confers the power to take actions under GS 36C-8-808(b) on a person other than the settlor of a revocable trust. Clarifies that a person other than the settlor of a revocable trust authorized to take actions under GS 36C-8-808(b) is required to act in good faith with regard to the trust and the interests of the beneficiaries, except that the beneficiary is not a fiduciary with respect to three specified powers if the beneficiary is a person with a power authorized under GS 36C-8-808(b). Clarifies that the holder of a power under GS 36C-8-808(b) is liable for any loss resulting from a breach of fiduciary duty resulting from the exercise or nonexercise of the power.
Enacts new subsection (e1) to GS 36C-7-703, which concerns cotrustees, detailing applicable conditions when the terms of a trust confers upon a cotrustee the power to take certain actions with respect to the trust, to the exclusion of another cotrustee.
Deletes the provisions of GS 32-72(d) and instead lists provisions applicable to an instrument creating a fiduciary relationship other than a trust instrument under GS Chapter 36C and to a fiduciary other than a trustee.
Applies to trusts and other instruments created before, on, or after October 1, 2011.