DISCLOSE HUMAN TRAFFICKING CONVICTION/CUSTODY.

View NCGA Bill Details2021
Senate Bill 539 (Public) Filed Monday, April 5, 2021
AN ACT TO REQUIRE DISCLOSURE OF A CONVICTION FOR HUMAN TRAFFICKING IN A CHILD CUSTODY PROCEEDING AND TO EXPAND THE CONDUCT PROHIBITED BY THE HUMAN TRAFFICKING LAW.
Intro. by Sanderson.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 27 2021)

SOG comments (1):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original title was AN ACT TO REQUIRE DISCLOSURE OF A CONVICTION FOR HUMAN TRAFFICKING IN A CHILD CUSTODY PROCEEDING.

S 539

Bill Summaries:

  • Summary date: Apr 20 2021 - More information

    Senate committee substitute amends the 1st edition as follows. 

    Modifies the proposed changes to GS 50-13.1, concerning convictions that must be disclosed in the pleadings by a person instituting an action or proceeding for custody of a child. No longer makes the willful failure to make any of these required disclosures punishable as perjury. 

    Amends GS 14-43.11 to include in the offense of human trafficking when a person knowingly patronizes a person that is held in servitude or sexual servitude (was, amended to include knowingly or in reckless disregard of the consequences, patronizes another person with the intent that the other person be held in involuntary or sexual servitude). Changes the effective date of these proposed changes to December 1, 2021 (previously, October 1, 2021).

    Changes the act's long title. 


  • Summary date: Apr 6 2021 - More information

    Amends GS 50-13.1, concerning actions or proceedings for child custody, as follows. Amends the convictions that must be disclosed in the pleadings by a person instituting an action or proceeding for custody of a child to include conviction for: (1) sexually violent offenses under GS 14-208.6(5) (previously, limited to ex-parte actions); (2) a human trafficking offense as under GS 14-43.11 through GS 14-43.13; or (3) sexual exploitation of a minor under GS 14-190.16, GS 14-190.17, or GS 14-190.17A. Adds the requirement that any person instituting an action or proceeding for custody who has been granted or denied custody of any minor child in an action under GS Chapter 50B must disclose the filing of the action or proceeding. Makes the willful failure to make any of these required disclosures punishable as perjury. Adds the requirement that a nonparent who is seeking custody of a minor child or being given custody in a consent order, attest in the pleadings or the consent order that nothing of value has been paid or given, offered to be paid or given, or promised, in exchange for the child. 

    Amends GS 14-43.11 to include in the offense of human trafficking when a person knowingly or in reckless disregard of the consequences, patronizes another person with the intent that the other person be held in involuntary or sexual servitude.

    Applies to actions or proceedings commenced on or after October 1, 2021.


  • Summary date: Apr 5 2021 - More information

    To be summarized.


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