BRITNY'S LAW: IPV HOMICIDE.

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View NCGA Bill Details2017-2018 Session
Senate Bill 600 (Public) Filed Tuesday, April 4, 2017
AN ACT TO ACKNOWLEDGE AND PROVIDE FOR DOMESTIC VIOLENCE HOMICIDE IN THE STATUTORY SCHEME FOR FIRST AND SECOND DEGREE HOMICIDE.
Intro. by Barefoot, J. Jackson, Britt.

Status: Ch. SL 2017-94 (Senate Action) (Jul 11 2017)

Bill History:

S 600/S.L. 2017-94

Bill Summaries:

  • Summary date: Jul 12 2017 - View Summary

    AN ACT TO ACKNOWLEDGE AND PROVIDE FOR DOMESTIC VIOLENCE HOMICIDE IN THE STATUTORY SCHEME FOR FIRST AND SECOND DEGREE HOMICIDE. Enacted July 11, 2017. Effective December 1, 2017.


  • Summary date: Apr 25 2017 - View Summary

    Senate committee substitute makes the following changes to the 1st edition:

    Modifies presumption in new GS 14-17(a1) that the murder is "willful, deliberate, and premeditated" to be a rebuttable presumption if the defendant has committed certain prior offenses against the same victim as listed in subdivisions (1)-(6) of that subsection.

    Modifies the list of prior offenses in subdivisions (1)-(6) of subsection (a1) by changing the citation of GS 50A-4 to GS 50B-4.1, changing the citation of GS 14-196 to GS 14-196.3, deleting from the list "any crime in which assault is an element" and "any felony listed in GS 15A-830," and adding domestic criminal trespass  as defined in GS 14-134.3.


  • Summary date: Apr 4 2017 - View Summary

    Enacts new GS 14-17(a1) presuming a murder to be a willful, deliberate, and premeditated killing, making it murder in the first degree, a Class A felony, if the murder is committed upon a spouse, former spouse, a person with whom the defendant lives or has lived as if married, a person with whom the defendant is or has been in a dating relationship, or a person with whom the defendant shares a child in common, if the murder was perpetrated by malice as described in the statute and the perpetrator has: (1) previously been convicted of one of the following offenses involving the same victim: a. any crime involving the violation of a domestic violence protective order under GS 50B‑4(a), (f), (g), or (g1) or GS 14‑269.8 when the same victim is the subject of the domestic violence protective order; b. any crime in which assault is an element; c. GS 14-277.1 (communicating threats) or GS 14-196 (harassing phone calls); or d. any felony listed in GS 15A‑830; (2) previously stalked the victim; or (3) on more than one prior occasion engaged in an act of domestic violence against the victim. Applies to offenses committed on or after December 1, 2017.