Bill Summary for H 369 (2013-2014)

Summary date: 

Jul 17 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 amendments make the following changes to the 4th edition:

 Amendment #1

Changes the long title.

Deletes all language and provisions previously concerned with summary ejectment service of process.

 Amendment #2

Deletes all of the proposed changes to the section of the bill titled CONDITIONAL DISCHARGE IN LIEU OF DEFERRED PROSECUTION. More specifically, deletes changes to GS 15A-1341, 7A-49.4(b), 7A-272, 14-313(f), 15A-146(d), 15A-932, 15A-1342, 15A-1343, and 143B-708.

Replaces the section with a new section titled CONDITIONAL DISCHARGE AUTHORIZED.

Amends GS 15A-1341(a3), replacing authorization for deferred prosecution for prostitution with authorization for conditional discharge. 

Enacts new GS 15A-1341(a4), providing for a conditional discharge when a person pleads guilty to or is found guilty of a Class H or I felony or misdemeanor. Provides that on motion of the defendant or the prosecutor, the court may, without entering a judgment of guilt, defer further proceedings and place the person on probation if the following four facts are found: (1) each known victim has been notified of the motion for probation by specified service means and each victim has been given a chance to be heard, (2) the defendant has not been convicted of any felony or of any misdemeanor involving moral turpitude, (3) the defendant has not previously been placed on probation and states so under oath, and (4) the defendant is unlikely to commit another offense other than a Class 3 misdemeanor. 

Enacts new GS 15A-1341(a5), providing for a conditional discharge for the purpose of drug treatment court programs where the court can, without entering a judgment of guilt and with the defendant's consent, defer further proceedings and place the defendant on probation in order for the defendant to participate in and complete the Drug Treatment Court Program. 

Enacts new GS 15A-1341(a6), which provides that a court can enter an adjudication of guilt and continue proceedings if a term or condition of a conditional discharge is violated. Provides that when terms and conditions of the discharge are fulfilled, any plea or finding of guilty previously entered will be withdrawn and the court must discharge the person and dismiss proceedings against the person. 

Amends GS  7A-272, 14-313(f), 15A-146(d),15A-1342, 15A-1343, and 134B-708, making conforming changes reflecting the statutory creation of conditional discharges.

This section is effective December 1, 2014. 

 Amendment #3

Amends GS 14-316 to provide that in Caswell County, air rifles, air pistols, and BB guns are not included in the definition of dangerous firearms. 

 Amendment #4

Adds the NC School Boards Association and the Department of Public Instruction to the list of organizations that the Human Trafficking Commission must consult in carrying out its study on the prevention of sexual abuse of children. Also requires the Commission to receive reports and testimony on child sexual abuse from individuals, state and local agencies, community-based organizations, and other public and private organizations as part of its study. 

 Amendment #5

Amends GS 14-316 to provide that in Chowan County, air rifles, air pistols, and BB guns are not included in the definition of dangerous firearms. 

 Amendment #6

Amends GS 15A-145.5(a)(7a), concerning expunction of certain misdemeanors and felonies, providing that although offenses under GS 14-54(a), 14-54(a1), or 14-56 are not considered "nonviolent misdemeanors" or "nonviolent felonies," a person will remain eligible to receive an expunction if the offense was committed on or before the person's 21st birthday. 

 Amendment #7

Changes the long title.

Amends GS 160A-20.1(b) and 153A-449(b) to provide that no city or county can enter into a contract subject to GS 143-129, procedures for letting of public contracts, unless the contractor and the contractor's subcontractors comply with the E-verify requirements found in GS Chapter 64, Article 2 (previously, this provision was applicable to all contracts, not just those subject to GS 143-129). Effective October 1, 2014.

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