AMEND EVIDENCE & DNA EXPUNCTION LAWS (NEW).

View NCGA Bill Details2011-2012 Session
House Bill 690 (Public) Filed Wednesday, April 6, 2011
TO REQUIRE THAT RESIDENTIAL REAL ESTATE CLOSINGS AND SETTLEMENTS UNDER THE GOOD FUNDS SETTLEMENT ACT BE SUPERVISED BY ATTORNEYS LICENSED IN THIS STATE, TO REQUIRE THAT INTEREST EARNED ON REAL ESTATE SETTLEMENT FUNDS HELD IN TRUST OR ESCROW ACCOUNTS BE PAID INTO THE NORTH CAROLINA STATE BAR’S INTEREST ON LAWYERS’ TRUST ACCOUNT FUND, AND TO PROVIDE A PRIVATE CAUSE OF ACTION FOR PERSONS HARMED BY THE UNAUTHORIZED PRACTICE OF LAW.
Intro. by Stevens, Jordan.

Status: Re-ref Com On Rules and Operations of the Senate (Senate Action) (Jul 2 2012)
H 690

Bill Summaries:

  • Summary date: Jun 27 2012 - More information

    Senate amendment makes the following change to 4th edition.
    Deletes amendments to GS 15A-266.3A(i) and (j), which clarified the procedure to request expunction of the defendant’s DNA. Retains amendment to GS 15A-266.3A(k), requiring the State Bureau of Investigation to take one of the prescribed acts within 90 days following receipt of the verification form from the district attorney.


  • Summary date: Jun 7 2012 - More information

    Senate committee substitute makes the following changes to 3rd edition.
    Deletes all provisions in the previous version and replaces them with AN ACT TO AMEND THE LAWS REGARDING DISPOSITION OF BLOOD EVIDENCE, ADMISSIBILITY OF REPORTS AFTER NOTICE AND DEMAND, AND EXPUNCTION OF DNA SAMPLES TAKEN UPON ARREST, AND TO CHANGE THE METHOD FOR DETERMINING THE SENIOR RESIDENT SUPERIOR COURT JUDGE FOR A DISTRICT.
    Enacts new subsection (h) to GS 20-139.1, allowing the destruction of any blood or urine sample subject to chemical analysis for the presence of any impairing substance 12 months after the report is issued without notice to the parties, unless a motion to preserve the evidence has been filed.
    Amends GS 8-58.20(f) to require (rather than allow) that the laboratory report of a forensic analysis and affidavit be admitted in evidence without the analyst’s appearance if the defendant’s attorney or the defendant, if self-represented, does not file a written objection within the specified time period. Makes a similar change to GS 8-58.20(g)(5) (procedure for establishing chain of custody). Makes a similar change to GS 20-139.1 (chemical analysis of blood or urine) and to GS 90-95 (chemical analysis for controlled substance) and enacts new provision in GS 90-95(g1) to conform to the chain of custody requirement. Specifies that these amendments apply to proceedings occurring on or after December 1, 2012.
    Amends GS 15A-266.3A to clarify that the defendant must provide to the district attorney a signed request form to request the expunction of the defendant’s DNA when one of the events in GS 15A-266.3A(h)(1) (previously limited to fewer circumstances) occurs (previously did not require an affirmative request after June 1, 2012). Requires the State Bureau of Investigation to take one of the prescribed acts within 90 days (was, 30 days) following receipt of the verification form from the district attorney. Makes conforming changes.
    Effective December 1, 2012.


  • Summary date: May 19 2011 - More information

    House amendment makes the following change to 2nd edition. Amends proposed GS 84-10.1 to clarify that there is a private cause of action for a person damaged by any person who knowingly violates any of the provisions of GS 84-4 through 84-6, or 84-9.


  • Summary date: May 18 2011 - More information

    House committee substitute makes the following changes to 1st edition. Deletes proposed GS 45A-9, which required closings and settlements under the Good Funds Settlement Act to be supervised and conducted by a licensed attorney. Makes a conforming change to the bill title. Deletes proposed GS 84-8(b), which made any person in violation of GS 84-4 through 84-6 due solely to an inactive license after failure to timely pay state bar dues or failure to comply with continuing legal education requirements guilty of a Class 1 misdemeanor. Amends GS 84-8, providing that any person, corporation, or association that violates any of the provisions of GS 84.4 through 84.6 or 84-9 will be guilty of a Class 1 misdemeanor (Class I felony in previous edition). Prohibits any person from collecting a fee for services performed in violation of GS 84.4 through 84.6, 84-9, or proposed 84-10.1. Makes a conforming change by repealing GS 84-10. Rewrites proposed GS 84-10.1 to clarify that there is a private cause of action for a person who is damaged by any person who (1) violates any of the provisions of GS 84-4 through 84-6 or 84-9, (2) fraudulently holds himself or herself out as a certified paralegal; or (3) knowingly aids and abets another to commit the unauthorized practice of law, to recover damages (was, treble damages) and reasonable attorneys’ fees.


  • Summary date: Apr 6 2011 - More information

    Enacts new GS 45A-9, requiring closings and settlements under the Good Funds Settlement Act to be supervised and conducted by a licensed attorney; however, allows a nonattorney employee of a corporation selling real property in a seller-financed real estate transaction to prepare purchase money loan documents to secure the indebtedness of the purchaser. Details insurance coverage for attorneys performing closings or settlements and directs the NC State Bar to make available to the public a list of attorneys in compliance. Enacts new GS 45A-10, directing a settlement agent who maintains a trust or escrow account to receive and disburse closing funds and loan funds to pay any interest earned to the NC State Bar to support purposes authorized under the Interest on Lawyers Trust Account Program. Also directs the State Bar to adopt rules as necessary. Makes a conforming change to GS 84-21. Effective January 1, 2012.
    Amends GS 84-8, providing that a violation of GS 84-4 through GS 84-6 (relating to the unauthorized practice of law) is a Class I felony (currently, a Class 1 misdemeanor). Adds that any person in violation of GS 84-4 through 84-6 due solely to an inactive license after failure to timely pay state bar dues or failure to comply with continuing legal education requirements will be guilty of a Class 1 misdemeanor. Specifies that no person is entitled to collect any fee for services performed in violation of GS 84-4 through 84-6. Moves the provision exempting legal clinics of law schools, certain law students, and certain lawyers supervised by nonprofit corporations from the provisions of GS 84-4 through 84-6, to new GS 84-7-1. Makes other clarifying changes. Applies to offenses committed on or after December 1, 2011.
    Enacts new GS 84-10.1, providing any person with a cause of action to recover treble damages and reasonable attorneys’ fees, if the person is damaged by a person’s violation of any of the provisions in GS 84-4 through 84-6 or by a person fraudulently holding himself or herself out as a NC certified paralegal. Effective October 1, 2011.


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