THE RAKIM SHACKLEFORD EMBALMING FLUID ACT.

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View NCGA Bill Details2023-2024 Session
House Bill 278 (Public) Filed Monday, March 6, 2023
AN ACT TO CREATE THE OFFENSE OF CRIMINAL POSSESSION AND UNLAWFUL SALE OF EMBALMING FLUID AND TO MAKE OTHER TECHNICAL REVISIONS.
Intro. by Fontenot, Cotham, Winslow.
Status: Re-ref Com On Rules and Operations of the Senate (Senate action) (May 24 2023)

Bill History:

H 278

Bill Summaries:

  • Bill H 278 (2023-2024)
    Summary date: Mar 21 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes. Makes organizational change to GS 90-210.20. Amends GS 90-113.107(b) (criminal possession of embalming fluid) to exempt licensed taxidermists engaging in wildlife taxidermy and the sale, distribution, or delivery of embalming fluid to licensed taxidermists engaging in wildlife taxidermy from prosecution under the offense. 

    Business and Commerce, Occupational Licensing, Courts/Judiciary, Criminal Justice, Criminal Law and Procedure
    GS 90
  • Bill H 278 (2023-2024)
    Summary date: Mar 6 2023 - View Summary

    Names the act the “Rakim Shackleford Embalming Fluid Act.” Makes technical changes to GS 90-210.20 (pertaining to definitions related to the practice of funeral services) and sets forth a definition of embalming fluid. 

    Enacts GS 90-210.29C making it a criminal offense punishable as a Class I felony for a funeral director, embalmer, or resident trainee to knowingly give, sell, permit to be sold, offer for sale, or display for sale, other than for purposes within the general scope of their activities as a funeral director, embalmer, or resident trainee, embalming fluid to another person with actual knowledge that the person is not a funeral director, embalmer, or resident trainee. Requires imposition of fines of not less than $100 or more than $500 for a violation.

    Enacts GS 90-113.107, under new Article 5H (Miscellaneous Drug-Related Regulations), making it a criminal offense to (1) possess embalming fluid for any purpose other than the lawful preservation of dead human bodies by a person authorized by law to engage in such activity or (2) sell, deliver, or otherwise distribute embalming fluid to another person with knowledge that the person intends to utilize the embalming fluid for any purpose other than the lawful preservation of dead human bodies by a person authorized by law to engage in such activity. Specifies felony classifications from Class I to Class D based on the amount of embalming fluid involved in the offense. Specifies that the statute should not be construed as prohibiting possession  by, or selling, delivering, or otherwise distributing to, funeral directors, embalmers, or resident  trainees of embalming fluid for the purposes of embalming. Incorporates definitions of embalmer, embalming, embalming fluid, funeral director, and resident trainee from GS 90-210.20 into new section GS 90-113.107.

    Amends GS 90-96.2 (pertaining to limited immunity for good samaritans and overdose victims under the North Carolina Controlled Substances Act) to allow for immunity for violations of GS 90-113.107 involving less than 28 grams and that is punishable as a Class I felony.

    Applies to offenses committed on or after December 1, 2023.

    Business and Commerce, Occupational Licensing, Courts/Judiciary, Criminal Justice, Criminal Law and Procedure
    GS 90
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