Bill Summary for H 176 (2011-2012)

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Summary date: 

Jun 7 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 176 (Public) Filed Wednesday, February 23, 2011
TO PROVIDE FOR REVIEW OF A DEFENDANT'S PARTICIPATION IN A COURT-ORDERED ABUSER TREATMENT PROGRAM, AS RECOMMENDED BY THE JOINT LEGISLATIVE COMMITTEE ON DOMESTIC VIOLENCE.
Intro. by McLawhorn.

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Bill summary

House committee substitute makes the following changes to 1st edition. Amends GS 15A-1343(b) to include language providing that if a defendant placed on unsupervised probation is subject to the condition contained in subdivision (12) of the subsection, the court must schedule a compliance review hearing within 60 days of judgment and every 60 days thereafter until the defendant completes the abuser treatment program.
Rewrites GS 15A-1382.1 to provide that if a court finds that a defendant is guilty of an offense, including domestic violence, the presiding judge must determine whether the defendant and victim had a personal relationship (previously limited to offenses involving assault or communicating a threat). Removes provision directing a presiding judge to determine whether a defendant must comply with one or more of the special conditions of probation set forth in GS 15A-1343(b1), in addition to any other authorized punishments, when a presiding judge determines there was a personal relationship between the defendant and victim, and a sentence to community punishment is imposed. Makes other conforming and clarifying changes. Makes conforming change to the title.