View NCGA Bill Details2015-2016 Session
Senate Bill 331 (Public) Filed Wednesday, March 18, 2015
Intro. by Daniel, Hartsell.

Status: Re-ref Com On Judiciary II (Senate Action) (Apr 15 2015)
S 331

Bill Summaries:

  • Summary date: Mar 18 2015 - More information

    Amends GS 7B-2101(b) to provide that the due process protections prohibiting admission into evidence of in-custody admissions or confessions from interrogation unless such confession or admission was made in the presence of a juvenile's parent, guardian, custodian, or attorney apply when the juvenile is less than 16 years old (was, when the juvenile is less than 14 years of age).

    Current law provides that if a court does not find probable cause for a felony offense but finds probable cause to believe that a juvenile committed a lesser offense that if committed by an adult would be a misdemeanor, then the court may either proceed to an adjudicatory hearing or set a date for an adjudicatory hearing. Amends GS 7B-2202(f) to require that the adjudicatory hearing must be a separate hearing. Permits the court to continue the adjudicatory hearing for good cause.

    GS 7B-2203(d) provides that if the court does not transfer the case to superior court, the court is to proceed to an adjudicatory hearing or set a date for that hearing. Amends subsection (d) to require that the adjudicatory hearing must be a separate hearing. Permits the court to continue the adjudicatory hearing for good cause.

    Enacts new GS 7B-2408.5 specifying the procedural steps for making a motion to suppress evidence in an adjudicatory hearing prior to the hearing. Requires that the motion be in writing and accompanied by an affidavit containing facts to support the motion. Provides that the state may file an answer denying or admitting any of the allegations in the motion. Includes additional criteria and specifications for service of the motion and of the answer, and the criteria under which the judge must summarily grant or summarily deny the motion. Provides that a final order denying a motion to suppress evidence may be reviewed upon appeal of a final order of the court in a juvenile matter. Also provides for an oral or written motion to suppress made during the adjudicatory hearing.

    Amends GS 7B-1701 to provide that if there has been no prior complaint against a juvenile, then the juvenile court counselor is directed to meet with the juvenile and the juvenile's parent, guardian, or custodian if the offense is divertable.

    Amends GS 7B-2404 to provide criteria and circumstances under which a prosecutor may dismiss allegations stated in a juvenile petition without or without leave. Amends GS 7B-2507(a) to define a prior adjudication as an adjudication of an offense that occurs before the adjudication of the offense before the court.

    Amends GS 7B-2510(c) to require that prior to the expiration of a probation order, the court may extend it for an additional year after notice and a hearing (was, after a hearing). Leaves it to the discretion of the court to determine whether to extend probation after a probation order expires if the juvenile fails to appear in court. Also amends subsection (e) regarding consequences for a juvenile who is determined to have violated the the probation conditions set by the court.

    Adds a new subsection (e1) to GS 7B-3200 allowing petitioning for the expunction of all juvenile records of a juvenile adjudicated delinquent for a minor offense as defined in GS 7B-2508. Makes a conforming change to subsection (b). Effective when this act becomes law.

    Amends GS 7B-1902 regarding the court's authority to issue secure or nonsecure custody orders for juvenile's alleged to be within the jurisdiction of the court limiting delegation of the authority to nonsecure custody orders. Amends GS 7B-1903(e) to provide that the court is required to determine the need for secure custody following a hearing conducted according to the procedural requirements for a continued custody hearing as they are set out in GS 7B-1906. The court's order must be in writing with appropriate findings of fact including the evidence relied upon in reaching the court's decision and the purposes to be achieved by secure custody.

    Makes clarifying changes to GS 7B-2506 regarding dispositional alternatives for delinquent juveniles.

    Except as otherwise indicated, this act becomes effective December 1, 2015, and applies to offenses committed on or after that date.

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