Bill Summary for H 186 (2023-2024)
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| View NCGA Bill Details | 2023-2024 Session |
AN ACT TO MODIFY THE TRANSFER PROCESS FOR JUVENILES WHO ALLEGEDLY COMMITTED CERTAIN FELONIES, TO MODIFY THE CONFIDENTIALITY OF CERTAIN INFORMATION CONCERNING JUVENILES UNDER INVESTIGATION, TO MODIFY THE INTERROGATION PROCEDURES FOR CERTAIN JUVENILES, TO MODIFY THE SERVICE OF SUMMONS FOR JUVENILE PETITIONS, TO CLARIFY THE PROCESS FOR COURT-ORDERED EVALUATIONS FOR JUVENILES, TO CLARIFY MINORITY SENSITIVITY TRAINING FOR LAW ENFORCEMENT PERSONNEL, TO CLARIFY JUVENILE DETENTION TRANSFER, TO MAKE VARIOUS TECHNICAL AND CONFORMING CHANGES, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF JUVENILE JUSTICE, TO CREATE LAWS TO EVALUATE WHETHER A JUVENILE HAS THE CAPACITY TO PROCEED, TO MODIFY CERTAIN LAWS RELATED TO SECURE CUSTODY ORDERS, TO AUTHORIZE CERTAIN DEPARTMENT OF INSURANCE LEASE EXPENSES, AND TO MAKE TECHNICAL CHANGES TO S.L. 2023-97.Intro. by Davis, Pyrtle, Carson Smith, A. Jones.
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Bill summary
Senate committee substitute to the 5th edition makes the following changes.
Inserts the following into the act, and now organizes the act into parts.
Part I.
Amends one of the notice options under GS 7B-2200.5(a) (transfer of jurisdiction of a juvenile at least 16 years of age to superior court) to require a return of a true bill of indictment from the grand jury as provided in GS 15A-630 instead of a finding of a court on a bill of indictment. Makes conforming changes to GS 7B-2200 and GS 7B-2202(a).
Part II.
Names this part of the act “Lyric and Devin’s Law.” Makes technical changes to new GS 7B-3103 (disclosure of information about juveniles for public safety reasons).
Part III.
Amends GS 7B-2101 regarding juvenile interrogation procedures as follows. 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 rights to: have a parent, guardian, or custodian present for questioning, applicable to all juveniles, to remain silent, to consult with an attorney, and to be informed that any statement can and may be used against them). 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. Specifies 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.
Effective December 1, 2023, and applies to offenses committed on or after that date.
Makes conforming changes to act’s long title. Makes organizational changes.