AUTHORIZE CONCURRENT JUVENILE JURISDICTION.

View NCGA Bill Details2021
House Bill 1007 (Public) Filed Thursday, May 19, 2022
AN ACT TO AUTHORIZE THE STATE TO EXERCISE CONCURRENT JURISDICTION FOR OFFENSES COMMITTED BY JUVENILES ON UNITED STATES MILITARY BASES LOCATED WITHIN THE STATE AND TO ALLOW ALL SPECIAL AGENTS OF THE DEPARTMENT OF DEFENSE TO ASSIST STATE AND LOCAL LAW ENFORCEMENT UPON REQUEST.
Intro. by Boles, Davis, McNeill, C. Smith.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Jun 27 2022)

SOG comments (2):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO AUTHORIZE THE STATE TO EXERCISE CONCURRENT JURISDICTION FOR OFFENSES COMMITTED BY JUVENILES ON UNITED STATES MILITARY BASES LOCATED WITHIN THE STATE, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY.

 

Long title change

House committee substitute to the 2nd edition changed the long title. Previous title was AN ACT TO AUTHORIZE THE STATE TO EXERCISE CONCURRENT JURISDICTION FOR OFFENSES COMMITTED BY JUVENILES ON UNITED STATES MILITARY BASES LOCATED WITHIN THE STATE.

H 1007

Bill Summaries:

  • Summary date: Jun 22 2022 - More information

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

    Adds the following. Amends GS 15A-406, which authorizes federal law enforcement officers to assist in the enforcement of criminal laws in our State upon request. Revises the list of persons included in the defined term federal law enforcement officer. Adds special agents of the Department of Defense, including the Army Criminal Investigation Division, Air Force Office of Special Investigations, and Defense Criminal Investigative Service, to the US Naval Investigative Service special agents already included in the term, all of whom must be employed full-time and have authority to carry firearms in the performance of their duties. 

    Changes the act's long title. 


  • Summary date: Jun 7 2022 - More information

    House committee substitute makes the following changes to the 1st edition.

    Narrows the scope of proposed GS 7B-1605, now granting district courts exclusive original jurisdiction over any case involving a juvenile who is alleged to be delinquent (was, delinquent or vulnerable) as the result of an act committed within the boundaries of a military installation of the US Department of Defense that is a crime or infraction under State law (was, a violation of State law) when concurrent jurisdiction has been established pursuant to GS 104-11.1, as amended by the act. Makes conforming changes to the statute's title.

    Instead, accounts for state jurisdiction of vulnerable juveniles in such circumstances by expanding the definition of vulnerable juvenile under Subchapter II, GS Chapter 7B, which governs undisciplined and delinquent juveniles, to include any juvenile who, while less than 10 years of age but at least 6 years of age, commits an act within the boundaries of a military installation that is a crime or infraction under State law, and who is not a delinquent juvenile.

    Changes the act's long title. 


  • Summary date: May 19 2022 - More information

    Amends GS 104-11.1 by directing the State to exercise concurrent jurisdiction with the United States over US Department of Defense military installations located in the State in matters relating to violations of federal law by juveniles within those installations, so long as the US Attorney or the US District Court waives exclusive jurisdiction and the federal violation is also a crime or infraction under State law.

    Enacts GS 7B-1605, granting district courts exclusive original jurisdiction over any case involving a juvenile who is alleged to be delinquent or vulnerable as the result of an act committed within the boundaries of military installation that is a violation of State law when concurrent jurisdiction has been established pursuant to GS 104-11.1, as amended.

    Applies to acts committed on or after December 1, 2022. 


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