House committee substitute to the 1st edition makes the following changes.

Part I.

Amends GS 7B-2401, pertaining to determinations of incapacity in juvenile proceedings, to include instances where a juvenile is unable to assist in their own defense in a rational or reasonable manner (currently, just reasonable manner). Exempts juveniles subject to transfer by indictment under GS 7B-2200.5(a)(1) (juveniles subject to transfer because they are 16 or older and charged with certain felonies) and GS 7B-2200 (concerning transfer of jurisdiction of a juvenile under age 16 to superior court) from the incapacity provisions set forth in GS 7B-2401. Makes technical change.  

Specifies effective date of January 1, 2025, for the act’s statutory changes under Part I, Section 1, and effective date of July 1, 2023, for act’s appropriations. Provides that prosecutions for offenses committed before the effective date of Section 1 of Part I of the act are not abated or affected by Section 1 of the act, and the statutes that would be applicable but for Section 1 of this act remain applicable to those prosecutions. Specifies that changes apply to offenses committed on or after January 1, 2025.

Changes references from juvenile “charged with an offense” to “juvenile that allegedly committed an offense” throughout the act.

Adds the following new content to the act.

Part II. 

Amends one of the notice options under GS 7B-2200.5(a) (transfer of jurisdiction of a juvenile at least 16 years of age to superior court) to require a return of a true bill of indictment from the grand jury as provided in GS 15A-630 instead of a finding of a court on a bill of indictment. Makes conforming change to GS 7B-2200. Effective December 1, 2023, and applies to offenses committed on or after that date.

Part III. 

Enacts GS 7B-3103 authorizing courts to order the Division of Juvenile Justice of the Department of Public Safety (Division) or any law enforcement agency within the State to release to the public specified information about a juvenile upon making three written findings in the order: (1) that a petition has been filed alleging the juvenile committed at least one offense that would subject the juvenile to transfer to superior court under GS 7B-2200 or GS 7B-2200.5, (2) the court determines that the juvenile presents a danger to self or others based on their record or the nature of the offense(s), and (3) the court determines good cause exists. Enumerates information about the juvenile that may be disclosed, including a photograph, first name and last name, the offense alleged, whether a secure custody order was issued, and a statement of the juvenile's threat to self or others. Prohibits disclosure if the juvenile is taken into custody prior to release of the information. Requires the disclosing entity to make a reasonable effort to notify a parent, legal guardian, or custodian of the juvenile before disclosure. Requires that the information released be removed when the juvenile is taken into custody. Creates an exception to permit release of certain information relating to a juvenile without obtaining a court order first by the Division of Juvenile Justice of the Department of Public Safety (Division) or any law enforcement agency within the State if exigent circumstances exist. Requires releasing party to seek a court order as soon as reasonably practicable but by no later than the first available session of a court in the county after the release of information. Specifies that if the court does not authorize the release of information, then it must be removed from any website or social media account controlled by the law enforcement agency or the Division. Effective December 1, 2023, and applies to offenses committed on or after that date.

Part IV.

Amends GS 7B-2101 regarding juvenile interrogation procedures as follows. Requires juveniles who are at least 16 and in custody to be advised, prior to questioning, that the juvenile has a right to have a caretaker present during questioning (in addition to current law that includes the rights to: have a parent, guardian, or custodian present for questioning, applicable to all juveniles; to remain silent; to consult with an attorney; and to be informed that any statement can and may be used against them). Defines caretaker as any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of the juvenile in a residential setting; includes stepparent; foster parent; adult member of the household; adult entrusted with the juvenile's care; potential adoptive parent during a visit or trial placement with a juvenile in custody of the county department; house or cottage parent who has primary responsibility for supervising a juvenile's health and welfare in a residential child care facility or residential educational facility; or employee or volunteer of a division, institution, or school operated by the Department of Health and Human Services. Specifies that if a juvenile age 16 or older requests that a parent, guardian, or custodian be present during questioning, then law enforcement must make a reasonable effort to contact the parent, guardian, or custodian; allows a caretaker to be present during questioning if one of those individuals is not available. Effective December 1, 2023, and applies to offenses committed on or after that date.

Makes clarifying, technical, conforming, and organizational changes throughout Part I the act. Makes language gender inclusive. Makes organizational changes to the act. Makes conforming changes to act’s short and long titles.