CRIMINAL LAW CHANGES.

View NCGA Bill Details2013-2014 Session
House Bill 369 (Public) Filed Wednesday, March 20, 2013
A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO VARIOUS CRIMINAL LAWS AND TO CLARIFY TO WHICH LOCAL GOVERNMENT CONTRACTS E‑VERIFY APPLIES.
Intro. by Waddell, Brody, Langdon, Dixon.

Status: Ch. SL 2014-119 (House Action) (Sep 18 2014)

SOG comments (4):

Identical bill.

Identical to S 455, filed on 3/26/13.

Title Change.

Senate committee substitute changes the short and long title. The previous titles are found below:

INCREASED PENALTY/SEED LAW VIOLATIONS.-AB

A BILL TO BE ENTITLED AN ACT TO INCREASE PENALTIES FOR VIOLATION OF THE SEED LAW.

 

Short and Long Title Changes

Senate committee substitute for the 3rd edition makes changes to the short and long titles. The original titles are as follows:

CRIMINAL LAW CHANGES/WC ILLEGAL ALIENS.

A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO VARIOUS CRIMINAL LAWS AND TO AMEND THE WORKERS' COMPENSATION ACT TO EXCLUDE FROM BENEFITS UNDER G.S. 97-29 AND G.S. 97-30, AND FROM VOCATIONAL REHABILITATION,  ILLEGAL ALIEN INJURED WORKERS WHO OBTAINED EMPLOYMENT THROUGH MISREPRESENTATION OF EMPLOYMENT STATUS. 

Long Title Change

Senate amendment to the 4th edition changes the long title. The original long title is as follows:

A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO VARIOUS CRIMINAL LAWS, AND TO AMEND SERVICES OF PROCESS FOR SUMMARY EJECTMENT.

Bill History:

H 369/S.L. 2014-119

Bill Summaries:

  • Summary date: Sep 23 2014 - More information

    AN ACT TO MAKE CHANGES TO VARIOUS CRIMINAL LAWS AND TO CLARIFY TO WHICH LOCAL GOVERNMENT CONTRACTS E‑VERIFY APPLIES. Enacted September 18, 2014. Effective September 18, 2014, except as otherwise provided.

     

  • Summary date: Jul 24 2014 - More information

    Senate amendments make the following changes to the 6th edition.

    Amendment #8 adds the North Carolina Pediatric Society to those entities that the Human Trafficking Commission must consult with in conducting its study of the prevention of sexual abuse of children.

    Amendment #9 amends GS 14-316 to add Cumberland County to those counties where air rifles, air pistols, and BB guns are not deemed to be dangerous firearms for the purposes of (a) of the statute.  


  • Summary date: Jul 23 2014 - More information

    Senate committee substitute makes the following changes to the 5th edition.

    Amends GS 15A-145.5(a)(7a), concerning expunction of certain misdemeanors and felonies, deleting language which provided that a person could remain eligible to receive an expunction for offenses under GS 14-54(a), 14-54(a1), or 14-56 that are considered nonviolent misdemeanors or nonviolent felonies if the offense was committed on or before the person's 21st birthday.  

    Amends GS 15A-1342, Incidents of probation, deleting authorization for the court to order the Section of Community Corrections of the Division of Adult Correction to supervise an offender's compliance with the terms of a conditional discharge given pursuant to GS 15A-1341(a5), conditional discharge for the purpose of a drug treatment program court program. 

    Deletes proposed changes to GS 90-113.22(b) conforming changes.

    Amends proposed language for GS 90-113.22A, Possession of marijuana drug paraphernalia, adding language that provides that beyond a violation of this section being considered a Class 3 misdemeanor, it will also be considered as a lesser included offense of GS 90-113.22, Possession of drug paraphernalia. 

      


  • Summary date: Jul 17 2014 - More information

    Senate amendments make the following changes to the 4th edition:

     Amendment #1

    Changes the long title.

    Deletes all language and provisions previously concerned with summary ejectment service of process.

     Amendment #2

    Deletes all of the proposed changes to the section of the bill titled CONDITIONAL DISCHARGE IN LIEU OF DEFERRED PROSECUTION. More specifically, deletes changes to GS 15A-1341, 7A-49.4(b), 7A-272, 14-313(f), 15A-146(d), 15A-932, 15A-1342, 15A-1343, and 143B-708.

    Replaces the section with a new section titled CONDITIONAL DISCHARGE AUTHORIZED.

    Amends GS 15A-1341(a3), replacing authorization for deferred prosecution for prostitution with authorization for conditional discharge. 

    Enacts new GS 15A-1341(a4), providing for a conditional discharge when a person pleads guilty to or is found guilty of a Class H or I felony or misdemeanor. Provides that on motion of the defendant or the prosecutor, the court may, without entering a judgment of guilt, defer further proceedings and place the person on probation if the following four facts are found: (1) each known victim has been notified of the motion for probation by specified service means and each victim has been given a chance to be heard, (2) the defendant has not been convicted of any felony or of any misdemeanor involving moral turpitude, (3) the defendant has not previously been placed on probation and states so under oath, and (4) the defendant is unlikely to commit another offense other than a Class 3 misdemeanor. 

    Enacts new GS 15A-1341(a5), providing for a conditional discharge for the purpose of drug treatment court programs where the court can, without entering a judgment of guilt and with the defendant's consent, defer further proceedings and place the defendant on probation in order for the defendant to participate in and complete the Drug Treatment Court Program. 

    Enacts new GS 15A-1341(a6), which provides that a court can enter an adjudication of guilt and continue proceedings if a term or condition of a conditional discharge is violated. Provides that when terms and conditions of the discharge are fulfilled, any plea or finding of guilty previously entered will be withdrawn and the court must discharge the person and dismiss proceedings against the person. 

    Amends GS  7A-272, 14-313(f), 15A-146(d),15A-1342, 15A-1343, and 134B-708, making conforming changes reflecting the statutory creation of conditional discharges.

    This section is effective December 1, 2014. 

     Amendment #3

    Amends GS 14-316 to provide that in Caswell County, air rifles, air pistols, and BB guns are not included in the definition of dangerous firearms. 

     Amendment #4

    Adds the NC School Boards Association and the Department of Public Instruction to the list of organizations that the Human Trafficking Commission must consult in carrying out its study on the prevention of sexual abuse of children. Also requires the Commission to receive reports and testimony on child sexual abuse from individuals, state and local agencies, community-based organizations, and other public and private organizations as part of its study. 

     Amendment #5

    Amends GS 14-316 to provide that in Chowan County, air rifles, air pistols, and BB guns are not included in the definition of dangerous firearms. 

     Amendment #6

    Amends GS 15A-145.5(a)(7a), concerning expunction of certain misdemeanors and felonies, providing that although offenses under GS 14-54(a), 14-54(a1), or 14-56 are not considered "nonviolent misdemeanors" or "nonviolent felonies," a person will remain eligible to receive an expunction if the offense was committed on or before the person's 21st birthday. 

     Amendment #7

    Changes the long title.

    Amends GS 160A-20.1(b) and 153A-449(b) to provide that no city or county can enter into a contract subject to GS 143-129, procedures for letting of public contracts, unless the contractor and the contractor's subcontractors comply with the E-verify requirements found in GS Chapter 64, Article 2 (previously, this provision was applicable to all contracts, not just those subject to GS 143-129). Effective October 1, 2014.


  • Summary date: Jul 16 2014 - More information

    Senate committee substitute makes the following changes to the 3rd edition:

    Changes the short and long titles.

    Amends GS 15A-145.5 to disallow the expunction of felonies involving methamphetamines or heroin (previous edition provided for the expunction of such felonies). Also provides that expunction is not allowed for felony breaking and entering offenses found in GS 14-54(a), 14-54(a1), and 14-56 or for any offense that is an attempt to commit an offense included in the list provided in GS 15A-145.5(a). Provides that the above becomes effective December 1, 2014, applying to petitions filed on or after that date, but petitions filed prior to that date are not abated by this act.

    Amends proposed language in GS 15A-1341(a4) to clarify that when the terms and conditions of a conditional discharge, granted pursuant to GS 15A-1341, are fulfilled, any plea or finding of guilty previously entered by the court must be withdrawn (previously, language only stated that the court must discharge the person and dismiss proceedings). 

    Directs the Human Trafficking Commission to consult with the North Carolina Coalition Against Sexual Assault; Prevent Child Abuse North Carolina; the National Association of Social Workers, North Carolina Chapter; and two representatives of the local child advocacy agencies in conducting their study on the prevention of sexual abuse of children.

    Amends GS 14-258.1 to provide that knowingly giving or selling a mobile phone or other wireless communications device or component thereof to an inmate in custody of the Division of Adult Correction or in a local confinement facility is a Class H felony (was, Class 1 misdemeanor). Also enacts new GS 14-258.1(f) providing that an inmate in custody of the Division of Adult Correction or a local confinement facility that is found to be in possession of a mobile telephone or similar wireless device or component is guilty of a Class H felony. Effective December 1, 2014.

    Amends GS 14-16.6 to provide that any person who assaults another person as retaliation against any legislative officer, executive officer, or court officer because of that officer's duties will be guilty of a felony and will be punished as a Class I felon.  Effective December 1, 2014.

    Amends GS 14-16.7, providing that those who knowingly and willfully make a threat to inflict serious bodily injury or threat to kill another person as retaliation against a legislative officer, executive officer, or court officer because of that officer's duties will be punished as a Class I felon.  Also provides that knowingly and willfully depositing in the mail a threat to inflict serious bodily injury or threat to kill a legislative officer, executive officer, or court officer or another person in retaliation for those officers' duties will be punished as a Class I felon. Effective December 1, 2014. 

    Enacts new GS 14-415.10(4c) to add and define the term qualified retired correctional officer. Amends GS 14-415.12A to provide that qualified retired correctional officers are deemed to have satisfied the requirement of completing an approved firearms safety and training course. 

    Enacts new GS 15A-1225.3 in Article 73 of GS Chapter 15A. Defines the following terms as they apply to this section: (1) criminal proceeding, any trial or hearing in a prosecution of a person charged with violating a criminal law of North Carolina and any hearing or proceeding under Subchapter II of GS Chapter 7B involving a juvenile alleged to have committed an offense that would be a criminal offense if committed by an adult and (2) remote testimony, a method by which a forensic analyst testifies outside the physical presence of the party or parties and from a location other than the location where the hearing or trial is being conducted.

    Subsection (b) of new GS 15A-1225.3 provides criteria that must be met in order for remote testimony to be permitted in any criminal proceeding regarding the results of forensic testing admissible under GS 8-58.20. Requires that all of the following occur in order for remote testimony to be permitted: (1) the State must provide a copy of the forensics testing report to the attorney of record, or to the defendant if there is no attorney of record, as required by GS 8-85.20(d); (2) the State must notify the attorney of record, or the defendant if the person has no attorney, at least 15 business days before the proceeding at which the evidence is to be used of its intent to introduce the forensic evidence using remote testimony; and (3) the defendant’s attorney of record, or the defendant if that person has no attorney, fails to file a written objection to the introduction of remote testimony with the court with a copy to the state at least five business days before the proceeding at which the testimony is to be presented. Requires that the method for the remote testimony authorized under this section allow all parties and the trier of fact to observe the demeanor of the analyst as the analyst testifies. Requires the court to ensure that the defendant’s attorney, or the defendant if that person has no attorney, has a full and fair opportunity to examine and cross-examine the analyst. Specifies that nothing in this section infringes on any party’s right to call any witness. Makes conforming changes to GS 20-139.1. Effective September 1, 2014, applying to testimony admitted on or after that date. 

    Amends GS 14-269.2 to authorize detention officers employed by and authorized by the sheriff to carry firearms on educational property when acting in the discharge of their official duties. Effective December 1, 2014, applying to offenses committed on or after that date. 

    Amends GS 14-316 to provide that in Anson, Cleveland, Harnett, Stanly, and Surry counties air rifles, air pistols, and BB guns are not included in the definition of dangerous firearms. Effective December 1, 2014, applying to offenses committed on or after that date. 

    Amends GS 1A-1, Rule 4(h1), to provide that plaintiffs in summary ejectment proceedings can complete service of process by using a person at least 21 years old, who is not a party to the action, and who is not related to a party or the person to be served, when the service has been returned by a law enforcement officer as unexecuted. Effective October 1, 2014.

    Amends GS 15A-145.5(f) concerning expunctions of certain misdemeanors and felonies, providing that fingerprints must be removed from the fingerprint database when the conviction for which the fingerprints were taken is expunged (previously, did not require fingerprint records to be removed upon expunction). 

    Amends GS 14-269(c) to provide that any person violating the prohibition on carrying a concealed pistol or gun found in GS 14-269(a1) will be guilty of a Class A1 misdemeanor for the first offense and a Class H felony for a second or subsequent offense (was, a Class 2 misdemeanor for the first offense and Class I felony for a second or subsequent offense). Adds that violations of (a1) punishable under GS 14-415.21(a), concerning those who have a valid permit but do not have it in their possession, are not punishable under GS 14-269. Effective December 1, 2014.

    Deletes the section which limited workers' compensation for those non lawfully employed in the United States.


  • Summary date: Jun 26 2014 - More information

    Senate committee substitute makes the following changes to the 2nd edition:

    Deletes all of the provisions of the previous edition in their entirety.

    Changes the short and long titles.

    Amends GS 15A-145.5, expunction of certain misdemeanors and felonies, to allow the expunction of felonies involving methamphetamines or heroin.

    Amends 15A-1341, replacing authorization and provisions for deferred prosecution with conditional discharge. Establishes procedures for receiving a conditional discharge for pleading guilty or being found guilty of a Class H or I felony, including on motion of the defendant and the prosecutor, the court may, without entering a judgment of guilt may defer further proceedings and place the person on probation. For the purpose of Drug Treatment Court Programs, the court can defer further proceedings and place the defendant on probation when the defendant is found to be eligible for a Drug Treatment Court Program, without entering a judgment of guilt and with the defendants consent. Also provides that a defendant for whom the court orders a conditional discharge pursuant to GS 14-204(b), concerning first time prostitution offenders, can be placed on probation.  Sets out repercussions for violation of the terms of a conditional discharge.  Amends GS 7A-49.4(b), 7A-272, 14-313(f), 15A-146(d), 15A-932, 15A-1342, 15A-1343, and 134B-708, making conforming changes reflecting the replacement of deferred prosecution with conditional discharge. Effective December 1, 2014. Provides that deferred prosecution agreements filed before December 1, 2014 are not affected or abated.

    Enacts new GS 90-113.22A, creating a separate offense for use or possession of marijuana drug paraphernalia. Violation of this section is a Class 3 misdemeanor. Amends GS 90-113.22, possession of drug paraphernalia, making conforming changes.  Effective December 1, 2014, applying to offenses committed on or after that date. 

    Directs the Human Trafficking Commission to study the prevention of sexual abuse of children. Sets out five requirements for the Commission, including that it gather information concerning the occurrence of child sexual abuse throughout NC and that it identify statewide goals to prevent child sexual abuse.  The Commission must submit its final report to the 2015 General Assembly. 

    Enacts new GS 97-12.2, Illegal alien injured workers, prohibiting workers who are not lawfully employable in the US and who made a false representation of their work status to an employer which was relied upon and a substantial factor in the hiring decision, from recovering in workers' compensation claims for injury by accident, or occupational disease. Prohibits those not lawfully employable who are not excluded under the above provisions from receiving vocational rehabilitation, and any compensation for total and permanent disability or partial incapacity if a qualified physician in NC has indicated that the worker is unable to work in any capacity.


  • Summary date: Apr 9 2013 - More information

    House committee substitute makes the following changes to the 1st edition. Amends GS 106-277.24 to delete provision that violators of the seed law have the ordinary right of appeal from judgments of the district and superior courts as provided by law. Also deletes language providing that the right of appeal to superior court provided by GS 106-277.19 is not available to a violator whose seed license is ordered suspended by the court. Deletes provision that the court may order the Commissioner of Agriculture (Commissioner)to suspend the violator's seed license as provided in GS 106-277.19 for up to three years.

    Amends GS 106-277.19 to provide that the Commissioner is authorized to suspend any seed license for a period of no more than three years in accordance with GS Chapter 150B. Deletes provision requiring the opportunity for a hearing before the Commissioner before a license can be revoked or refused. Also deletes provision permitting any person who is refused a license or whose license is revoked by any order of the Commissioner to appeal to the Superior Court of Wake County or the superior court of the county of residence of that person within 30 days from the issuance of that order.


  • Summary date: Mar 20 2013 - More information

    Amends GS 106-277.24 to increase the cap on the fine for a violation of the seed law from $500 to $10,000. Requires that the court consider the retail value of the seed when determining the fine amount and requires the payment of restitution for losses occurred when the case involves the unlawful sale of a protected seed. Allows the court to order the suspension of a violator's seed license for up to three years. Provides that violators have the ordinary right of appeal from judgments of the district and superior courts. Applies to offenses committed on or after December 1, 2013.


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