Bill Summary for H 1021 (2015-2016)

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Summary date: 

Jun 21 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 1021 (Public) Filed Tuesday, May 3, 2016
AN ACT TO AMEND THE LAW REGARDING SEX OFFENDERS ON CERTAIN PREMISES TO ADDRESS THE RULING IN DOE V. COOPER.
Intro. by Daughtry.

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Bill summary

Senate committee substitute makes the following changes to the 4th edition.

Amends the short and long titles.

Deletes all of the provisions of the previous edition and replaces them with the following.

Amends GS 14-208.18, concerning the unlawful presence of sex offenders on specified premises, adding new language that provides that the limitations on presence apply to any place where minors frequently congregate, including, but not limited to, libraries, arcades, amusement parks, recreation parks, and swimming pools, when minors are present (previously, provision included a broad limitation on any place where minors gathered for regularly scheduled educational, recreational, or social programs). Adds a new provision prohibiting sex offenders from being on State Fairgrounds during the time of year when the State Fair is conducted.

Amends subsection (c) providing which limitation in GS 14-208.18(a) is applied to specific sex offenders, providing that limitations concerning premises of any place for the care or supervising children, any place where minors frequently congregate, or the State Fair apply to offenders whose victim was younger than 18 years old (was, 16 years old) or the offense violated Article 7B or federal law or an offense in another state that is substantially similar. Further adds new subdivision (c)(2) specifying which sex offenders are subject to the 300-foot rule for specified premises where minors are located, providing that it applies to the sex offender if the victim of the offense was under 18 years old at the time as well as those offenders that had been convicted of similar offenses in other states or a federal offense where it has been determined they may present a danger to minors under 18. With the new language and changes, makes sex offenders whose victims were under 18 years old subject to all the premise limitations under GS 14-208.18.

Includes language concerning the enactment of these provisions and applicability in case any provisions are held to be unconstitutional depending on how contemporary cases are resolved. If either or both specified decisions are stayed or overturned by a higher court of appeals, then the relevant portion of the prior version of the statute would again become effective.

Effective September 1, 2016, applying to offenses committed on or after that date.