Bill Summary for H 633 (2019-2020)

Summary date: 

Apr 10 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 633 (Public) Filed Tuesday, April 9, 2019
AN ACT TO ALLOW CERTAIN EXISTING ESTABLISHMENTS TO OFFER AND OPERATE TEMPORARY OUTDOOR DINING AND BEVERAGE SERVICE OPTIONS.
Intro. by Davis, Faircloth, McNeill, Richardson.

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Bill summary

Part I.

Amends GS 14-50.43, which makes a criminal gang that regularly engages in criminal gang activity a public nuisance, as follows. Defines regularly as at least two times (was, at least five times) in a period of no more than 12 months. Amends who may be made a defendant in a suit to abate a criminal gang activity public nuisance to now include any criminal gang, as an unincorporated association and in the name by which it is commonly known and without naming any of the individual members, and any criminal gang member who associates with other gang members. Adds that a complaint may also name, as a class of defendants, all unknown criminal gang members. Sets out what constitutes adequate service of process on a criminal gang. Adds to the actions that the court may take upon finding that a public nuisance exists that the court may order any person not to associate with other persons associated with a criminal gang and to divest him- or herself of any involvement or interest, direct or indirect, in a criminal gang. Adds that any gang member who is not specifically named in an injunction may be subject to the order only after personal service with a copy of the injunction. Allows the use of testimony from a fact witness, an expert witness, or a combined fact expert witness to prove criminal gang activity, membership, association leadership, and existence. Provides that expert testimony is admissible to show particular conduct, status, and customs indicative of criminal gangs and criminal gang activity, including seven specified topics, that include specific rivalries between criminal gangs, social customs and behaviors, and terminology used by criminal gang members. Allows the court to either find the defendant guilty of contempt or find the defendant guilty of a Class A1 misdemeanor for a violation of any injunction granted under the Article. Makes organizational, clarifying, and conforming changes. Applies to offenses committed on or after December 1, 2019. 

Part II.

Amends GS 14-50.16A. Changes the definition of criminal gang to any ongoing organization, association, or group of three or more persons that (1) engages in criminal gang activity (was, has as one of its primary activities the commission of criminal or delinquent acts) and (2) shares a common name, identification, signs, or other distinguishing characteristics. Amends the definition of criminal gang leader or organizer to require that the individual meet any of the 5 specified criteria instead of requiring that the individual meet two or more of those criteria.

Amends GS 14-50.17 by making it unlawful to cause, encourage, solicit, or coerce a person age 18 (was, age 16) to participate in criminal gang activity. Make a conforming change in GS 14-50.18, relating to minors, to make it unlawful to cause, encourage, solicit, or coerce a person under age 18 (was, under age 16) to participate in criminal gang activity. 

Enacts new GS 14-50.31 allowing the use of testimony from a fact witness, an expert witness, or a combined fact expert witness to prove criminal gang activity, membership, association leadership, and existence. Provides that expert testimony is admissible to show particular conduct, status, and customs indicative of criminal gangs and criminal gang activity, including seven specified topics, that include specific rivalries between criminal gangs, social customs and behaviors, and terminology used by criminal gang members. 

Enacts new GS 14-50.32 to construe any crime under the Article as having been committed in any county in which any act was performed as part of criminal gang activity.

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

Part III.

Amends GS 15A-1340.16E by adding to the conditions under which an enhanced sentence can be imposed for offenses committed as a part of criminal gang activity, to also require an enhanced sentence when the person is found to have possessed or used a firearm during the commission of the offense. Makes additional organizational and clarifying changes. 

Enacts new GS 14-269.9 to make it unlawful for a person to possess a firearm or weapon of mass death and destruction during the commission of a felony under GS Chapter 14 (Criminal Law) or Article 5 of GS Chapter 90 (Controlled Substances Act). A violation is a separate offense from the underlying felony offense. Violations are a (1) Class D felony if the person discharges the firearm or weapon during the commission or attempted commission of the felony; (2) Class F felony if the person brandishes the firearm or weapon during the commission or attempted commission of the felony; or (3) Class H felony for any other violation of the statute.

Enacts new GS 14-269.10 making it a Class G felony to sell, deliver, transfer, or give a firearm or weapon of mass destruction to a person the transferor knows or reasonably should know is participating in criminal gang activity. 

Amends GS 14-415.1 to increase the penalty for a felon to purchase, own, possess or have in his custody, care, or control any firearm or weapon of mass death and destruction, from a Class G felony to a (1) Class D felony if the person was participating in criminal gang activity at the time of the violation, (2) Class D felony for a second or subsequent violation of the statute, and (3) Class F felony for any other violation of the statute. 

Enacts new Rule 416, Evidence of criminal gang activity, under the Rules of Evidence in Article 4 of GS Chapter 8C. Makes in any proceeding in which a person is accused of conducting, participating in, or conspiring to commit, criminal gang activity, or in any proceeding under Article 13B of GS Chapter 14 (North Carolina Criminal Gang Nuisance Abatement Act), evidence of the defendant's commission of criminal gang activity and other crimes, wrongs, or acts admissible and allows it to be considered for its bearing on any matter to which it is relevant. Requires the prosecutor to disclose the evidence to the defendant at least 10 days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown.

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

Part IV. 

Includes a severability clause.

Part V.

Provides that prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

Part VI. 

Unless otherwise indicated, the act is effective December 1, 2019.

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