Bill Summary for H 369 (2013-2014)

Summary date: 

Jun 26 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 369 (Public) Filed Wednesday, March 20, 2013
A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO VARIOUS CRIMINAL LAWS AND TO CLARIFY TO WHICH LOCAL GOVERNMENT CONTRACTS E‑VERIFY APPLIES.
Intro. by Waddell, Brody, Langdon, Dixon.

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Bill summary

Senate committee substitute makes the following changes to the 2nd edition:

Deletes all of the provisions of the previous edition in their entirety.

Changes the short and long titles.

Amends GS 15A-145.5, expunction of certain misdemeanors and felonies, to allow the expunction of felonies involving methamphetamines or heroin.

Amends 15A-1341, replacing authorization and provisions for deferred prosecution with conditional discharge. Establishes procedures for receiving a conditional discharge for pleading guilty or being found guilty of a Class H or I felony, including on motion of the defendant and the prosecutor, the court may, without entering a judgment of guilt may defer further proceedings and place the person on probation. For the purpose of Drug Treatment Court Programs, the court can defer further proceedings and place the defendant on probation when the defendant is found to be eligible for a Drug Treatment Court Program, without entering a judgment of guilt and with the defendants consent. Also provides that a defendant for whom the court orders a conditional discharge pursuant to GS 14-204(b), concerning first time prostitution offenders, can be placed on probation.  Sets out repercussions for violation of the terms of a conditional discharge.  Amends GS 7A-49.4(b), 7A-272, 14-313(f), 15A-146(d), 15A-932, 15A-1342, 15A-1343, and 134B-708, making conforming changes reflecting the replacement of deferred prosecution with conditional discharge. Effective December 1, 2014. Provides that deferred prosecution agreements filed before December 1, 2014 are not affected or abated.

Enacts new GS 90-113.22A, creating a separate offense for use or possession of marijuana drug paraphernalia. Violation of this section is a Class 3 misdemeanor. Amends GS 90-113.22, possession of drug paraphernalia, making conforming changes.  Effective December 1, 2014, applying to offenses committed on or after that date. 

Directs the Human Trafficking Commission to study the prevention of sexual abuse of children. Sets out five requirements for the Commission, including that it gather information concerning the occurrence of child sexual abuse throughout NC and that it identify statewide goals to prevent child sexual abuse.  The Commission must submit its final report to the 2015 General Assembly. 

Enacts new GS 97-12.2, Illegal alien injured workers, prohibiting workers who are not lawfully employable in the US and who made a false representation of their work status to an employer which was relied upon and a substantial factor in the hiring decision, from recovering in workers' compensation claims for injury by accident, or occupational disease. Prohibits those not lawfully employable who are not excluded under the above provisions from receiving vocational rehabilitation, and any compensation for total and permanent disability or partial incapacity if a qualified physician in NC has indicated that the worker is unable to work in any capacity.

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