MODERNIZING SEXUAL ASSAULT LAWS.

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View NCGA Bill Details2019-2020 Session
House Bill 393 (Public) Filed Tuesday, March 19, 2019
AN ACT TO CLARIFY THE DEFINITION OF THE TERM "CARETAKER" USED IN THE JUVENILE CODE TO INCLUDE AN ADULT IN A DATING OR ROMANTIC RELATIONSHIP WITH THE PARENT, GUARDIAN, OR CUSTODIAN OF THE JUVENILE; TO AMEND G.S. 14-401.11 TO ALSO PROHIBIT THE KNOWING DISTRIBUTION OF A BEVERAGE THAT CONTAINS ANY SUBSTANCE THAT COULD BE INJURIOUS TO A PERSON'S HEALTH; TO AMEND THE DEFINITION FOR THE TERM "MENTALLY INCAPACITATED" USED IN ARTICLE 7B OF CHAPTER 14 OF THE GENERAL STATUTES; AND TO MODERNIZE THE LANGUAGE USED IN CERTAIN SEX OFFENSES.
Intro. by Beasley, Adams, Adcock, Boles.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 30 2019)

SOG comments (1):

Identical bill

Submitted by jhenders@sog.unc.edu on

Identical to S 402, filed 3/28/19.

Bill History:

H 393

Bill Summaries:

  • Bill H 393 (2019-2020)
    Summary date: Apr 26 2019 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Amends the definition of caretaker set out in GS 7B-101, by removing the addition of an adult in a dating or romantic relationship with the parent, guardian, or custodian of the juvenile as an adult entrusted with the juvenile's care.

    Further amends the definition of mentally incapacitated set out in GS 14-27.20, to now define the term as a victim who due to any act is rendered substantially incapable of either appraising the nature of his or her conduct or resisting the act of vaginal intercourse or a sexual act (under the previous edition, was a victim who is rendered substantially incapable of either appraising the nature of his or her conduct or resisting the act of vaginal intercourse or a sexual act due to any act, regardless of whether committed by a perpetrator or the victim). 

    Deletes all of Section 4 of the act, which amended GS 14-27.21, GS 14-27.22, GS 14-27.26, and GS 14-27.27, by removing the "forcible" language from the rape and sexual offenses provided therein.

    Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Criminal Justice, Criminal Law and Procedure
    GS 7B, GS 14, GS 90, GS 143B
  • Bill H 393 (2019-2020)
    Summary date: Mar 19 2019 - View Summary

    Expands the definition of caretaker set out in GS 7B-101, as the term applies to the Juvenile Code, GS Chapter 7B, to specify that an adult entrusted with the juvenile's care includes an adult in a dating or romantic relationship with the parent, guardian, or custodian of the juvenile (previously, an adult relative entrusted with the juvenile's care). Makes clarifying changes.

    Expands GS 14-401.11, which prohibits the distribution of certain food or eatable substances injurious to a person, making it unlawful for any person to knowingly distribute, sell, give away, or otherwise cause to be placed in a position of human accessibility or ingestion of any beverage or other drinkable substances which the person knows contains certain substances, materials, controlled substances, poisonous chemical or compound, or any foreign material as specified. Makes violations punishable as a Class C, F, H, or I felony depending on the contents of the food or beverage distributed and the degree the actual or possible discomfort caused, as specified. Makes clarifying, technical, and conforming changes.

    Amends the definition of mentally incapacitated set out in GS 14-27.20, as the term applies to Article 7B, Rape and other sex offenses. Specifies that the term includes a victim who is rendered substantially incapable of either appraising the nature of his or her conduct or resisting the act of vaginal intercourse or a sexual act due to any act, regardless of whether committed by a perpetrator or the victim (previously, due to any act committed upon the victim). Makes clarifying changes.

    Amends GS 14-27.21, GS 14-27.22, GS 14-27.26, and GS 14-27.27, removing the "forcible" language from the rape and sexual offense offenses provided therein, now providing for the following offenses, respectively: first-degree rape, second-degree rape, first-degree sexual offense, and second-degree sexual offense. Makes conforming changes to GS 7B-101, GS 7B-1602, GS 7B-2509, GS 7B-2513, GS 7B-2514, GS 7B-2516, GS 7B-2600, GS 14-208.6, GS 14-208.26, GS 90-171.38, and GS 143B-1200.

    Includes a savings clause for prosecutions for offenses committed before the effective date of the act.

    Applies to offenses committed on or after December 1, 2019.

    Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Criminal Justice, Criminal Law and Procedure
    GS 7B, GS 14, GS 90, GS 143B
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