Bill Summary for H 270 (2011-2012)
|View NCGA Bill Details||2011-2012 Session|
TO AMEND THE LAW ESTABLISHING THE REGULAR AND SPECIAL CONDITIONS OF PROBATION AND TO REPEAL THE LAW TOLLING THE PROBATION PERIOD WHILE CRIMINAL CHARGES ARE PENDING THAT MIGHT RESULT IN REVOCATION PROCEEDINGS.Intro. by Guice.
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Amends GS 15A-1343(b)(2) to require a defendant on probation to remain accessible to the probation officer by making the defendant's whereabouts known to the officer at all times and not leave the defendant's county of residence or North Carolina (rather than remain within the court's jurisdiction) unless granted written permission by the court or officer. Removes probation condition that the defendant visit the probation officer at a designated time. Enacts new GS 15A-1343(b)(16) to also direct the defendant to supply a breath, urine, or blood specimen to analyze for the possible presence of prohibited drugs or alcohol when instructed by the probation officer, and to pay the analysis costs if required.
Amends GS 15A-1343(b1) to add the following special conditions of probation: (1) do not knowingly associate with any known gang member and do not knowingly be present at any place or location where gangs gather or where gang activity is known to occur, (2) do not wear any item identified with or used by a gang, (3) do not contact any individual who was or may be a witness against or victim of the defendant or the defendant's gang, and (4) do participate in any Project Safe Neighborhood activities as directed by the probation officer.
Repeals GS 15A-1344(g) (concerning tolling the probation period during pending criminal charges that could result in revocation).
Applies to persons placed on probation on and after December 1, 2011.