Bill Summary for H 369 (2013-2014)

Summary date: 

Jul 16 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 3rd edition:

Changes the short and long titles.

Amends GS 15A-145.5 to disallow the expunction of felonies involving methamphetamines or heroin (previous edition provided for the expunction of such felonies). Also provides that expunction is not allowed for felony breaking and entering offenses found in GS 14-54(a), 14-54(a1), and 14-56 or for any offense that is an attempt to commit an offense included in the list provided in GS 15A-145.5(a). Provides that the above becomes effective December 1, 2014, applying to petitions filed on or after that date, but petitions filed prior to that date are not abated by this act.

Amends proposed language in GS 15A-1341(a4) to clarify that when the terms and conditions of a conditional discharge, granted pursuant to GS 15A-1341, are fulfilled, any plea or finding of guilty previously entered by the court must be withdrawn (previously, language only stated that the court must discharge the person and dismiss proceedings). 

Directs the Human Trafficking Commission to consult with the North Carolina Coalition Against Sexual Assault; Prevent Child Abuse North Carolina; the National Association of Social Workers, North Carolina Chapter; and two representatives of the local child advocacy agencies in conducting their study on the prevention of sexual abuse of children.

Amends GS 14-258.1 to provide that knowingly giving or selling a mobile phone or other wireless communications device or component thereof to an inmate in custody of the Division of Adult Correction or in a local confinement facility is a Class H felony (was, Class 1 misdemeanor). Also enacts new GS 14-258.1(f) providing that an inmate in custody of the Division of Adult Correction or a local confinement facility that is found to be in possession of a mobile telephone or similar wireless device or component is guilty of a Class H felony. Effective December 1, 2014.

Amends GS 14-16.6 to provide that any person who assaults another person as retaliation against any legislative officer, executive officer, or court officer because of that officer's duties will be guilty of a felony and will be punished as a Class I felon.  Effective December 1, 2014.

Amends GS 14-16.7, providing that those who knowingly and willfully make a threat to inflict serious bodily injury or threat to kill another person as retaliation against a legislative officer, executive officer, or court officer because of that officer's duties will be punished as a Class I felon.  Also provides that knowingly and willfully depositing in the mail a threat to inflict serious bodily injury or threat to kill a legislative officer, executive officer, or court officer or another person in retaliation for those officers' duties will be punished as a Class I felon. Effective December 1, 2014. 

Enacts new GS 14-415.10(4c) to add and define the term qualified retired correctional officer. Amends GS 14-415.12A to provide that qualified retired correctional officers are deemed to have satisfied the requirement of completing an approved firearms safety and training course. 

Enacts new GS 15A-1225.3 in Article 73 of GS Chapter 15A. Defines the following terms as they apply to this section: (1) criminal proceeding, any trial or hearing in a prosecution of a person charged with violating a criminal law of North Carolina and any hearing or proceeding under Subchapter II of GS Chapter 7B involving a juvenile alleged to have committed an offense that would be a criminal offense if committed by an adult and (2) remote testimony, a method by which a forensic analyst testifies outside the physical presence of the party or parties and from a location other than the location where the hearing or trial is being conducted.

Subsection (b) of new GS 15A-1225.3 provides criteria that must be met in order for remote testimony to be permitted in any criminal proceeding regarding the results of forensic testing admissible under GS 8-58.20. Requires that all of the following occur in order for remote testimony to be permitted: (1) the State must provide a copy of the forensics testing report to the attorney of record, or to the defendant if there is no attorney of record, as required by GS 8-85.20(d); (2) the State must notify the attorney of record, or the defendant if the person has no attorney, at least 15 business days before the proceeding at which the evidence is to be used of its intent to introduce the forensic evidence using remote testimony; and (3) the defendant’s attorney of record, or the defendant if that person has no attorney, fails to file a written objection to the introduction of remote testimony with the court with a copy to the state at least five business days before the proceeding at which the testimony is to be presented. Requires that the method for the remote testimony authorized under this section allow all parties and the trier of fact to observe the demeanor of the analyst as the analyst testifies. Requires the court to ensure that the defendant’s attorney, or the defendant if that person has no attorney, has a full and fair opportunity to examine and cross-examine the analyst. Specifies that nothing in this section infringes on any party’s right to call any witness. Makes conforming changes to GS 20-139.1. Effective September 1, 2014, applying to testimony admitted on or after that date. 

Amends GS 14-269.2 to authorize detention officers employed by and authorized by the sheriff to carry firearms on educational property when acting in the discharge of their official duties. Effective December 1, 2014, applying to offenses committed on or after that date. 

Amends GS 14-316 to provide that in Anson, Cleveland, Harnett, Stanly, and Surry counties air rifles, air pistols, and BB guns are not included in the definition of dangerous firearms. Effective December 1, 2014, applying to offenses committed on or after that date. 

Amends GS 1A-1, Rule 4(h1), to provide that plaintiffs in summary ejectment proceedings can complete service of process by using a person at least 21 years old, who is not a party to the action, and who is not related to a party or the person to be served, when the service has been returned by a law enforcement officer as unexecuted. Effective October 1, 2014.

Amends GS 15A-145.5(f) concerning expunctions of certain misdemeanors and felonies, providing that fingerprints must be removed from the fingerprint database when the conviction for which the fingerprints were taken is expunged (previously, did not require fingerprint records to be removed upon expunction). 

Amends GS 14-269(c) to provide that any person violating the prohibition on carrying a concealed pistol or gun found in GS 14-269(a1) will be guilty of a Class A1 misdemeanor for the first offense and a Class H felony for a second or subsequent offense (was, a Class 2 misdemeanor for the first offense and Class I felony for a second or subsequent offense). Adds that violations of (a1) punishable under GS 14-415.21(a), concerning those who have a valid permit but do not have it in their possession, are not punishable under GS 14-269. Effective December 1, 2014.

Deletes the section which limited workers' compensation for those non lawfully employed in the United States.

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