STRENGTHEN JUVENILE LAWS.

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View NCGA Bill Details2023-2024 Session
Senate Bill 303 (Public) Filed Monday, March 13, 2023
AN ACT TO MAKE VARIOUS CHANGES TO THE DEFINITION OF DELINQUENT JUVENILE, TO MODIFY THE TRANSFER PROCESS FOR JUVENILES CHARGED WITH CERTAIN FELONIES, AND TO MODIFY THE CONFIDENTIALITY OF CERTAIN INFORMATION CONCERNING JUVENILES UNDER INVESTIGATION.
Intro. by Britt, Sanderson, McInnis.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 13 2023)
S 303

Bill Summaries:

  • Summary date: Apr 6 2023 - View Summary

    Senate amendment to the 2nd edition makes the following changes.

    Amends GS 7B-2101 by adding that if a juvenile age 16 or older requests that a parent, guardian, or custodian be present during questioning, then law enforcement must make a reasonable effort to contact the parent, guardian, or custodian; allows a caretaker to be present during questioning if one of those individuals is not available.


  • Summary date: Apr 4 2023 - View Summary

    Senate committee substitute replaces the content of the 1st edition with the following.

    Amends GS 7B-2200.5 to require transfer of jurisdiction over a juvenile to superior court for trial as an adult if the juvenile was at least 16 at the time the juvenile allegedly committed an offense that would be a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult, upon notice of the return of a true bill of indictment provided in GS 15A-630 (previously required either (1) notice to the juvenile and a finding by the court that a bill of indictment has been returned against the juvenile charging the commission of an offense that would constitute a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult or (2) notice, hearing, and a finding of probable cause that the juvenile committed an offense that constitutes a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult). Maintains prosecutor discretion to prosecute in superior court a matter that would otherwise be subject to mandatory transfer for offenses that would be a Class D, E, F, or G felony if committed by an adult. Repeals subsection (c), which required the probable cause hearing (to determine if the alleged offense would require transfer of jurisdiction) to be conducted within 90 days of the date of the juvenile's first appearance, with the court permitted to continue for good cause. 

    Amends GS 7B-2200 to require transfer of jurisdiction of a juvenile under 16, but at least 13, to superior court for trial as an adult if the alleged felony constitutes a Class A felony, upon notice of the return of a true bill of indictment provided in GS 15A-630 (previously required a finding of probable cause).

    Makes conforming changes to GS 7B-2202 relating to required hearings to determine probable cause for all other felony cases in which the juvenile was at least 13 when the offense was allegedly committed. 

    Enacts GS 7B-3103 authorizing courts to order the Division of Juvenile Justice of the Department of Public Safety, or any law enforcement agency, to release to the public specified information about a juvenile upon making three written findings in the order: (1) that a petition has been filed alleging the juvenile has committed an offense that would subject the juvenile to transfer to superior court pursuant to GS 7B-2200 or GS 7B-2200.5, (2) there is a judicial determination that the juvenile presents a danger to self or others, and (3) there is a judicial determination that good cause exists. Enumerates information about the juvenile that may be disclosed, including a photograph, first and last name, the offense alleged, whether secure custody was issued, and a statement of the juvenile's threat to self or others. Prohibits disclosure if the juvenile is taken into custody. Requires removal of information from any publicly available law enforcement agency or Division website or controlled account when the juvenile subject to the order or emergency disclosure is taken into custody. Requires the disclosing entity to make a reasonable effort to notify a parent, legal guardian, or custodian of the juvenile before disclosure. Authorizes the Division to release the information when exigent circumstances exist; requires the releasing party to subsequently seek the required release order as soon as reasonably practicable and no later than the first available session of a court in the county after release. Requires removal of the information released from any agency or Division website or controlled account if the court does not issue the release order at that first session.

    Amends GS 7B-2101 regarding juvenile interrogation procedures. Requires juveniles who are at least 16 and in custody to be advised, prior to questioning, that the juvenile has a right to have a caretaker present during questioning (in addition to current law that includes the right to have a parent, guardian, or custodian present for questioning, applicable to all juveniles). Defines caretaker as any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of the juvenile in a residential setting; includes stepparent; foster parent; adult member of the household; adult entrusted with the juvenile's care; potential adoptive parent during a visit or trial placement with a juvenile in custody of the county department; house or cottage parent who has primary responsibility for supervising a juvenile's health and welfare in a residential child care facility or residential educational facility; or employee or volunteer of a division, institution, or school operated by the Department of Health and Human Services. 

    Effective December 1, 2023, and applies to offenses committed on or after that date.

    Changes the act's long title.


  • Summary date: Mar 13 2023 - View Summary

    Narrows the definition of delinquent juvenile under GS 7B-1501 to exclude the following offenses committed by a person while less than 18 years of age but at least 16 years of age: (1) any offense constituting a Class A, B1, B2, or C felony, and any related offense based on the same act or transaction or a series of acts or transactions connected together or constituting parts of a single scheme or plan of that felony, and any greater or lesser included offense of that felony; (2) any firearm-related felony, as defined in GS 14-7.35, incorporates the definition of firearm set forth in GS 14-409.39 into the definition; and (3) all violations of the motor vehicle laws under GS Chapter 20. Makes organizational change. Amends GS 7B-2200.5 by making a conforming change to no longer transfer juveniles at least 16 years of age to superior court for Class A, B1, B2, or C felonies. Effective December 1, 2023 and applies to offenses committed on or after that date.

    Enacts new GS 7B-2200.5(e) to authorize certain transfers to juvenile court as follows. Directs that, if the juvenile was 16 years of age or older at the time the juvenile allegedly committed a firearm-related felony (i.e., a felony committed by a person in which they used or displayed a firearm while committing the felony, as defined in G.S. 14-7.35), and in district court, then upon joint motion of the prosecutor and the juvenile's attorney, the district court must remand the case  to juvenile court. Provides for procedures upon remand, including review by a prosecutor if a juvenile court counselor does not approve the filing of a juvenile court petition. Directs the district court to expunge the record in accordance with GS 15A-145.8 at the time of the remand. Authorizes the district court to issue an order for secure custody under GS 7B-1903 upon request of the prosecutor. Sets forth procedure for implementation of a secure custody order in juvenile court. Exempts juveniles charged with (1) firearm-related felonies if they are charged as Class D, E, F, G, H, or I felonies if committed by an adult or (2) a violation of the motor vehicle laws under GS Chapter 20 from remand under GS 7B-2200.5(e). Makes conforming changes to GS 15A-145.8 (expungement of records when charges are remanded to district court). Effective December 1, 2023, and applies to offenses committed on or after that date.

    Amends GS 7B-3100 by expanding upon when information concerning any juvenile under investigation, alleged to be within the jurisdiction of the court, or receiving juvenile consultation services that would reveal the identity of that juvenile, can be disclosed to also include: (1) publication of pictures of runaways with the permission of a parent, guardian, custodian, or caretaker (was, limited to permission of the parents) and (2) publication of pictures, name, and identifying information of juveniles for suspect identification and apprehension when the juvenile is under investigation for commission of an offense that subjects a juvenile to transfer to superior court for prosecution under GS 7B-2200 or GS 7B-2200.5.

    Amends GS 7B-2101 (pertaining to interrogation of a juvenile) to expand the scope of persons entitled to be present during an interrogation of a juvenile to include caretakers.  Makes conforming changes.