AN ACT TO ALLOW THE DISTRICT ATTORNEY TO PETITION THE COURT TO FREEZE THE ASSETS OF A DEFENDANT CHARGED WITH FINANCIAL EXPLOITATION OF AN ELDER ADULT OR DISABLED ADULT AND TO ESTABLISH A PROCEDURE TO PETITION FOR THE FREEZING OR SEIZURE OF THE DEFENDANT'S ASSETS. Enacted June 26, 2013. Effective October 1, 2013.
EXPLOITATION OF SRS/FREEZE DEFENDANT'S ASSETS.
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| View NCGA Bill Details(link is external) | 2013-2014 Session |
A BILL TO BE ENTITLED AN ACT TO ALLOW THE DISTRICT ATTORNEY TO PETITION THE COURT TO FREEZE THE ASSETS OF A DEFENDANT CHARGED WITH FINANCIAL EXPLOITATION OF AN ELDER ADULT OR DISABLED ADULT AND TO ESTABLISH A PROCEDURE TO PETITION FOR THE FREEZING OR SEIZURE OF THE DEFENDANT'S ASSETS.Intro. by Glazier, McGrady.
Status: Ch. SL 2013-203 (House Action) (Jun 26 2013)
Bill History:
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Thu, 11 Apr 2013 House: Filed(link is external)
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Mon, 15 Apr 2013 House: Passed 1st Reading(link is external)
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Mon, 15 Apr 2013 House: Ref To Com On Judiciary Subcommittee B(link is external)
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Tue, 14 May 2013 House: Reptd Fav Com Substitute(link is external)
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Tue, 14 May 2013 House: Cal Pursuant Rule 36(b)(link is external)
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Tue, 14 May 2013 House: Placed On Cal For 05/14/2013(link is external)
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Tue, 14 May 2013 House: Passed 2nd Reading(link is external)
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Tue, 14 May 2013 House: Passed 3rd Reading(link is external)
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Wed, 15 May 2013 Senate: Rec From House(link is external)
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Wed, 15 May 2013 Senate: Passed 1st Reading(link is external)
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Wed, 15 May 2013 Senate: Ref To Com On Judiciary II(link is external)
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Thu, 13 Jun 2013 Senate: Reptd Fav(link is external)
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Mon, 17 Jun 2013 Senate: Passed 2nd Reading(link is external)
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Mon, 17 Jun 2013 Senate: Passed 3rd Reading(link is external)
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Mon, 17 Jun 2013 Senate: Ordered Enrolled(link is external)
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Tue, 18 Jun 2013 Ratified(link is external)
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Wed, 19 Jun 2013 Pres. To Gov. 6/19/2013(link is external)
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Wed, 26 Jun 2013 Signed by Gov. 6/26/2013(link is external)
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Wed, 26 Jun 2013 Ch. SL 2013-203(link is external)
H 891/S.L. 2013-203
Bill Summaries:
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Summary date: Jul 2 2013 - View Summary
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Bill H 891 (2013-2014)Summary date: May 14 2013 - View Summary
House committee substitute makes the following changes to 1st edition.
Amends GS 14-112.2, providing that in cases where a person is charged with a violation that involves funds, assets, or property valued at more than $5,000, the district attorney can file a petition in the pending criminal proceeding before the court with jurisdiction over the pending charges to freeze the funds, assets, or property of the defendant in an amount up to 150% of the alleged value in the defendant's pending criminal proceeding. Provides that the standard of proof required to freeze the defendant's funds, assets, or property will be by clear and convincing evidence.
Amends GS 14-112.3, renaming the section Asset freeze or seizure; proceeding (was, Asset freeze or seizure; ex parte proceeding). Makes conforming changes, replacing "probable cause" with "clear and convincing evidence." Provides that the procedure for petitioning the court, under this section, will be governed by GS 1A-1, Rule 65, unless otherwise provided. Provides that at any time after service of the order to freeze or seize assets, the defendant or any person claiming an interest in the assets may file a motion to releases the assets (was, at any time within 30 days after service of the order). Deletes language that required the court to hold a hearing on the motion no later than 10 days from the date the motion is filed. Provides that the burden of proof in proceedings to release assets will be by clear and convincing evidence and that the State must show that the defendant is about to, intends to, or did divest himself or herself of assets in a manner that would render the defendant insolvent for purposes of restitution. If the court finds as such, the court must order the assets frozen or held until further order. Provides that if the prosecution of the charge under GS 14-112.2 is terminated by voluntary dismissal by the State or if a judgment of acquittal is entered, the court will vacate the order to freeze or seize the assets.
Provides that the effective date is October 1, 2013 (was, December 1, 2013), and the act applies to offenses committed on or after that date.
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Bill H 891 (2013-2014)Summary date: Apr 16 2013 - View Summary
Amends GS 14-112.2 (exploitation of an elder or disabled adult) adding subsection (f) allowing a district attorney to file a petition in superior court to freeze the funds, assets, or property of the defendant in an amount equal to but not greater than the alleged value of the funds, assets, or property in the pending criminal proceeding for the purpose of restitution to the victim when a person is charged with violating the statute and the property involved is valued at more than $5,000.
Enacts GS 14-112.3 requiring a superior court judge to issue an order to freeze or seize assets of the defendant in the amount calculated pursuant to GS 14-112.2(f) upon the showing of probable cause in the ex parte hearing that the defendant used, is using, is about to use, or is intending to use assets in a way that violates GS 14-112.2. Within 30 days after service of the order, the defendant may file a motion to release the assets. A hearing on the motion must take place no later than 10 days after it was filed. Allows for a separate civil proceeding.
Applies to criminal proceedings filed on or after December 1, 2013.
View: All Summaries for Bill
House committee substitute to the first edition changed the long title. Original title was A BILL TO BE ENTITLED AN ACT TO ALLOW THE DISTRICT ATTORNEY TO PETITION THE COURT TO FREEZE THE ASSETS OF A DEFENDANT CHARGED WITH FINANCIAL EXPLOITATION OF AN ELDER ADULT OR DISABLED ADULT AND TO ESTABLISH A PROCEDURE TO PETITION FOR THE FREEZING OR SEIZURE OF ASSETS THAT MAY BE INVOLVED IN THE VIOLATION.