AN ACT TO CREATE THE CRIMINAL OFFENSE OF UNLAWFUL SALE, SURRENDER, OR PURCHASE OF A MINOR; TO REQUIRE THE NORTH CAROLINA CONFERENCE OF DISTRICT ATTORNEYS TO CONDUCT A STUDY TO DETERMINE WHAT OTHER MEASURES MAY BE NEEDED TO STOP THIS TYPE OF CRIMINAL ACTIVITY; TO CLARIFY WHEN, TO WHOM, AND UNDER WHAT CIRCUMSTANCES THE IDENTITY OF A PERSON REPORTING CHILD ABUSE OR NEGLECT MAY BE RELEASED; TO CLARIFY WHAT INFORMATION THE DIVISION OF SOCIAL SERVICES IS REQUIRED TO MAINTAIN IN THE FOSTER CARE REGISTRY AND UNDER WHAT CIRCUMSTANCES INFORMATION IN THE REGISTRY MAY BE WITHHELD. Summarized in Daily Bulletin 5/29/12, 6/11/12, 6/27/12, 6/28/12, and 7/2/12. Enacted July 12, 2012. Sections 5 and 8 are effective July 12, 2012. Sections 6 and 7 are effective October 1, 2012. The remainder is effective December 1, 2012.
Summary date: Jul 17 2012 - View summary
Summary date: Jul 2 2012 - View summary
Conference report recommends the following change to 3rd edition, as amended, to reconcile matters in controversy. Deletes amendments to GS 15A-266.3A(f), which expanded the list of felony offenses for which a DNA sample is taken upon a person’s arrest.
Summary date: Jun 28 2012 - View summary
House amendment makes the following changes to 3rd edition, as amended. Rewrites new GS 14-43.14(b) to increase the initial minimum fine for violation of the statute from $1,000 to $5,000, and to increase the minimum fine for every subsequent violation from $5,000 to $10,000.
House committee substitute makes the following changes to 2nd edition.
Amends proposed GS 14-43.14 to replace the term child with minor. Makes conforming changes, substituting minor for child in reference to establishing the offense of unlawful sale, surrender, or purchase of a minor (was, child). Clarifies that the statute does not apply to actions ordered by a court, authorized by statute, or otherwise lawful. Makes the violation a Class F felony (was, Class D) with a minimum fine of $1,000 (was, $10,000) for a first offense and $5,000 (was, $50,000) for a second or subsequent offense. Provides that a minor whose parent, guardian, or custodian has sold or attempted to sell a minor is an abused juvenile as defined by GS 7B-101(1) (was, a dependent, neglected, and abused child as defined by GS 7B-101).
Requires the court to consider if a person convicted of this offense is a danger to the community and whether it furthers the purposes of the sex offender registration requirement for the person to register as a sex offender. Provides if the court finds that the person is a danger to the community and that the person must register as a sex offender, then the court is to issue an order compelling the person to register.
Deletes inclusion of violations of proposed GS 14-43.14 from the definition of sexually violent offense in GS 14-208.6(5).
Amends the definition of reportable conviction in GS 14-208.6(4), as it applies to the sex offender registration statutes, to include a conviction for the sale of a minor if the court orders that the person must register as a sex offender. Provides that the abandonment of an infant less than seven days of age under the provisions of GS 7B-500(b) or 7B-500(d) is not a prosecutable offense under proposed GS 14-43.14. Amends GS 15A-266.3A(f) to expand the list of felony offenses for which a DNA sample is to be taken upon a person’s arrest. Makes the above provisions effective December 1, 2012, and applicable to offenses committed on or after that date.
Amends GS 7B-302(a1) to create exceptions to the confidentiality requirements regarding information received by the department of social services regarding child abuse. Clarifies when, to whom, and under what circumstances the identity of a person reporting child abuse may be released. Amends GS 131D-10.6C to clarify that information the Division of Social Services is required to maintain is a register of all licensed foster homes (was, a register of family foster and therapeutic foster home applicants). Provides circumstances under which the Division may withhold information in the registry. Effective October 1, 2012.
Makes conforming changes to the title to more accurately reflect the bill content.
House amendment makes the following changes to 3rd edition. Makes a technical change.
Summary date: Jun 11 2012 - View summary
Senate amendment makes the following changes to 1st edition. Deletes the appropriation to the Department of Public Safety to cover the costs of increased prison bed capacity. Deletes the appropriation to the NC Conference of District Attorneys (Conference) for educating investigators and district attorneys about the new law and conducting a study of additional measures that may be taken. Retains the requirement that the Conference study additional measures that may be taken to stop criminal activities involving the sale of children. Makes a conforming change to the bill title.
Summary date: May 29 2012 - View summary
Enacts new GS 14-43.14 to prohibit the unlawful sale, surrender, or purchase of a child. Specifies the elements of the offense. Makes the offense of unlawful sale, surrender, or purchase of a child a Class D felony. Sets out fines for violations of proposed GS 14-43.14. Declares a child whose parent, guardian, or custodian has sold or attempted to sell the child is a dependent, neglected, and abused child as defined by GS 7B-101 and a court may make a placement of the child based on the best interest of the child standard. Provides that a violation of this section is a lesser included offense of GS 14-43.11 (human trafficking). Makes conforming changes to GS 7B-101(1) [abused juveniles], GS 14-208.6(5) [defining sexually violent offense], and GS 48-10-102(b) [unlawful payments related to adoption]. Effective December 1, 2012 and applies to offenses committed on or after that date.
Appropriates $25,000 for 2012-13 from the General Fund to the Department of Public Safety and appropriates $5,000 for 2012-13 from the General Fund to the North Carolina Conference of District Attorneys for purposes as the title indicates. Effective July 1, 2012.