Bill Summary for H 609 (2019-2020)

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Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 609 (Public) Filed Thursday, April 4, 2019
Intro. by McNeill, Faircloth, R. Turner, Richardson.

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Bill summary

Amends the definition of delinquent juvenile set out in GS 7B-1501(7) (applicable to provisions governing undisciplined and delinquent juveniles) and GS 143B-805(6) (applicable to the general provisions governing the Division of Adult Correction and Juvenile Justice (Division) of the Department of Public Safety) to more specifically exclude from the term juveniles less than 18 but over 16 years of age who commit any violation of the motor vehicle laws under GS Chapter 20 (previously, excludes the described juveniles who commit any violations of motor vehicle laws). Recodifies GS 20-106 (receiving or transferring stolen vehicles) as GS 14-71.2.

Amends GS 7B-1604(b) concerning limitations on juvenile court jurisdiction. Now provides for a juvenile who has previously been convicted in either district court or superior court for a felony or misdemeanor, including an offense involving impaired driving, to be prosecuted as an adult for any criminal offense the juvenile commits after the district or superior court conviction. Excludes misdemeanor violations of motor vehicle laws.

Amends GS 7B-1901, establishing that any person who takes an individual who is 18 years or older into temporary custody for an offense committed when the individual was a juvenile must proceed under the provisions of GS Article 23, Police processing and duties upon arrest, Subchapter V, GS Chapter 15A.

Amends GS 7B-1903, now providing that when secure custody is ordered for any person 18 years or older who falls within the jurisdiction of the court, the order must designate that the person be temporarily detained in the jail of the county where the charges arose. Makes conforming changes to reflect this change in GS 7B-1905. Further amends GS 7B-1905, removing the requirement for juveniles being temporarily detained in an approved detention facility to be separate from any jail, lockup, prison, or other adult penal institution. Now specifies that it is unlawful for a sheriff (was county) or any governmental unit to operate a juvenile detention facility that does not meet the standards and rules adopted by the Department of Public Safety (DPS) and has been approved by the Juvenile Justice Section (Section) of the Division for operation as a juvenile detention facility (no approval previously required).

Amends GS 7B-1906 to require further hearings for secured custody to be held at intervals of no more than 30 calendar days for a juvenile who was 16 years old or older at the time the juvenile allegedly committed an offense that would be a Class A through G felony if committed by an adult. Permits further hearings to be waived with consent of the juvenile through the juvenile's counsel. Provides for further hearings to be held at intervals of 10 days upon request of the juvenile through the juvenile's attorney and for good cause as determined by the court. Makes conforming changes.

Amends GS 7B-2200.5, concerning transferring jurisdiction of a juvenile to superior court if the juvenile was 16 years old or older at the time the juvenile allegedly committed an offense that would be a Class A through G felony if committed by an adult. Current law requires either notice to the juvenile and a finding by a bill of indictment against the juvenile of such an offense, or notice and a probable cause hearing finding probable cause the juvenile committed such an offense in order to transfer jurisdiction. Establishes a time period within which the probable cause hearing must be held, requiring the hearing to be conducted within 90 days of the date of the juvenile's first appearance; however, allows the court to continue the probable cause hearing for good cause. Additionally, requires the court to remand a transferred case to district court and expunge the superior court record upon joint motion of the prosecutor and the juvenile's attorney. Makes conforming changes to GS 7B-2202, which requires a probable cause hearing for felony juvenile cases to be conducted within 15 days of the date of the juvenile's first appearance.

Amends GS 7B-2204 to require that personnel of the Section or personnel approved by the Section transport juveniles from the detention facility to court pending release following transfer and from the holdover facility to court and back to the detention center during pretrial hearings. Requires the juvenile to be transported by personnel of the Section or personnel approved by the Section to the custody of the sheriff of the county where the charges arose in the event the juvenile reaches 18 while awaiting the completion of superior court proceedings. Provides that a juvenile can be held in a detention facility pending transfer to the Division upon receiving an active sentence if the facility is operated by the sheriff pursuant to GS 7B-1905(b), as amended. Makes organizational changes.

Amends GS 7B-2508 to specify that in order for the court to impose a disposition level one level higher than would otherwise be provided for the class of offense and delinquency history level of the juvenile, the court must find beyond a reasonable doubt that the adjudicated offense was committed as part of criminal gang activity (previously did not specify the burden).

Enacts GS 15A-145.8, detailing the procedure for superior courts to expunge records of charges remanded to district court under GS 7B-2200.5, as amended. Specifies the effects of such an expunction.

Applies to offenses committed on or after December 1, 2019.