House amendment #1 to the 4th edition makes the following changes.

Part IV.

Amends GS 130A-50 (elections and terms of office of sanitary district boards [Board]) as follows. Permits a Board to adopt a resolution to require the election of the Board members at the same time as the election for county officers. Specifies that any such resolution must be delivered to the county board of elections prior to July 1, of an odd-numbered. Extends the current Board members’ terms for one year if such a resolution is delivered. Specifies that the election will be conducted in the following even-numbered year.

Specifies that if a Board lies wholly within a county and no resident voter of the district filed a notice of candidacy in the previous election for the Board, the board of county commissioners may adopt a resolution to require the election of the Board to be at the time of the election for county officers. Provides same July 1 deadline for delivery of the resolution to the board of elections as set forth above, with same extension of terms, and holding of election in the following even-numbered year. 

For 2023, permits a Board/board of county commissioners to deliver the resolution requiring elections to be at the time of the election for county officers no later than August 1, 2023. If the resolution is received by the county board of  elections by August 1, 2023, the county board of elections must cancel all notices of candidacy and petitions submitted in 2023 with respect to the election of that sanitary district board and conduct the next election in 2024.

Part V.

Amends GS 18B-1001’s (regulation of alcoholic beverages) definition of bar so that it no longer excludes a brewery, winery, or distillery. Effective August 1, 2023.

Makes organizational changes and conforming changes to act’s long title. 

House amendment # 3 makes the following changes.

Part II.

Removes defined terms present and spectator from new GS 20-141.10 (pertaining to illegal street takeovers). Removes provisions making it unlawful for a person to be knowingly present as a spectator of a street takeover. Amends GS 20-141.10(c), which makes it unlawful to knowingly participate in, coordinate through social media or otherwise, to include committing an overt act in furtherance of, a street takeover.  Specifies that mere presence alone is not sufficient to sustain a conviction under GS 20-141.10(c).

House committee substitute to the 2nd edition makes the following changes.

Part I. 

Changes the effective date for the changes to GS 1A-1, Rule 4(j5) of the NC Rules of Civil Procedure from October 1, 2023, to December 1, 2023. 

Part II.

Enacts new GS 20-141.10 making it unlawful for any person to operate a motor vehicle in a street takeover. Defines street takeover to mean the unauthorized taking over of a portion of highway, street, or public vehicular area by blocking or impeding the regular flow of traffic with a motor vehicle to perform a motor vehicle stunt, contest, or exhibition. Also defines the following terms: burnout, doughnut, drifting, present, spectator, stunt, and wheelie. Specifies that persons who knowingly operate a vehicle in a street takeover are guilty of a Class A1 misdemeanor and must pay a fine of not less than $1,000. A subsequent violation of subsection within a 24-month period is a Class H felony including a minimum fine equal to twice the value of the vehicle involved in the offense but no less than $1,000.

Specifies that a person who knowingly participates in, coordinates through social media or otherwise, or facilitates a street takeover is guilty of a Class A1 misdemeanor.

Further specifies that a person who is knowingly present as a spectator of a takeover is guilty of a Class 3 misdemeanor, except that a second violation within a period of 24 months is a Class 2 misdemeanor, and any subsequent violation within a period of 24 months is a Class 1 misdemeanor. Specifies that a person who knowingly operates a vehicle as part of a street takeover and who assaults a law enforcement officer or who knowingly and willfully threatens a law enforcement officer is guilty a Class H felony. Allows motor vehicles involved in street takeovers to be seized under the procedures set forth in GS 20-141.3(g) (allowing seizure of vehicles involved in unlawful street racing). Makes conforming changes to GS 20-141.3(g).

Effective December 1, 2023, and applies to offenses committed on or after that date.

Part III.

Amends GS 7A-272(c) to specify that the chief district court judge may schedule and assign sessions of court to accept pleas of guilty or no contest to a Class H or I felony in the specified circumstances, and the district attorney must cause agreed-upon pleas to be calendared for these sessions. No longer requires the consent of the presiding district court judge to accept a plea of guilty or no contest in these instances. Effective and applicable to pleas accepted on or after December 1, 2023.

Amends GS 15A-952(g) to set forth a fifth factor pertaining to good cause for a continuance, as follows. Specifies that good cause for a continuance must include those instances when the State asserts that the case involves analysis of evidence by the State Crime Lab or other entity for testing, that the evidence has been submitted for testing, and that the result of the testing is not available or expected to be available on the date postponed. Requires that a continuance for these reasons must be granted. Requires that, except in cases where the parties consent to the continuance, the judge must announce in open court which party made the motion for continuance and the grounds for granting the continuance. Effective and applicable to continuances granted on or after December 1, 2023.

Amends GS 7A-271(e) (jurisdiction of superior court over probation revocation hearings) to specify that once the superior court has concluded a probation revocation hearing, the superior court must proceed without remanding or sending the matter back to district court unless covered under subsection GS 7A-271(f). Amends GS 15A-1341(a6) (probation generally) to specify that if the revocation hearing is heard in superior court, that court must enter an adjudication of guilt and cannot remand the matter to district court unless covered by GS 7A-271(f). Effective and applicable to revocation hearings held on or after December 1, 2023.

Divides the bill into parts and makes conforming organizational changes. Makes conforming changes to the act’s effective date and long title.