Bill Summary for H 193 (2023-2024)

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Summary date: 

Apr 5 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 193 (Public) Filed Thursday, February 23, 2023
AN ACT TO MAKE VARIOUS CHANGES AND TECHNICAL CORRECTIONS TO THE LAWS GOVERNING THE ADMINISTRATION OF JUSTICE, AS RECOMMENDED BY THE ADMINISTRATIVE OFFICE OF THE COURTS AND TO ALLOW FOR THE EXPUNCTION OF THE OFFENSE OF BREAKING AND ENTERING OF A BUILDING WITH INTENT TO COMMIT A FELONY OR LARCENY AND AMEND THE CONDITIONS THAT RESULT IN A PETITION FOR EXPUNCTION BEING DENIED.
Intro. by Stevens.

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Bill summary

House committee substitute to the 1st edition makes the following changes. Repeals GS 7A-174 (requiring magistrates to be bonded before taking office). Makes technical changes to GS 7A-11 (pertaining to the Clerk of the Supreme Court) and makes language gender neutral.  

Amends GS 120C-500(d) (pertaining to liaison personnel under State lobbying law) to exempt the Conference of District Attorneys from the number of liaison personnel to lobby for legislative action designated by the Chief Justice of the Supreme Court so long as the Conference of District Attorneys complies with the designation provisions of GS 120C-500 (currently, just Office of Administrative Hearings exempt from the number of liaison personnel). Makes technical changes. Effective July 1, 2023.

Makes technical changes to GS 7A-147(c) (pertaining to training for specialized judgeships) and GS 58-72-50 (approval, acknowledgment, and custody of bonds).

Amends GS 7A-146 (pertaining to the administrative authority and duties of chief district judge) as follows. Amends power to assign magistrates to a temporary duty outside of their county during exigent circumstances to provide that the chief district judge may, in writing, delegate the authority to assign those magistrates to an appointed chief magistrate. A chief magistrate with authority delegated under this subdivision must make monthly reports to the chief district judge of the times and places actually served by each magistrate. Permits the chief district judge to delegate, in writing, the authority to designate magistrates who appoint counsel and accept waivers of counsel to an appointed chief magistrate. Allows chief district judge to delegate to an appointed chief magistrate to make preliminary investigations into written complaints against magistrates and to make a written report of their preliminary findings to the chief district judge. However, the delegation cannot authorize the chief magistrate to make written findings of misconduct or take any disciplinary action. Makes conforming changes to allow for the new delegations of authority.

Amends GS 132-1.10 (pertaining to Social Security numbers and other personal identifying information in public records) as follows. Makes technical change. Allows a register of deeds, clerk of court, or the Administrative Office of the Courts to remove from images or copies of publicly accessible official records any information that is confidential under applicable law, in addition to identifying and financial information already listed. Specifies that no requirements under GS 75-65 (pertaining to protection from security breaches) will be imposed on a register of deeds or clerk of court or their agent for any action related to the enforcement of GS 132-1.10, in addition to exemption from liability (currently just exempts from liability). Makes language gender neutral.

Makes technical changes to effective date. Makes other technical and organizational changes.