Bill Summary for H 879 (2015-2016)

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Summary date: 

Apr 15 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 879 (Public) Filed Tuesday, April 14, 2015
Intro. by Jordan, Glazier, McGrady, Avila.

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Bill summary

Amends GS 7B-2101(b) to provide that the due process protections prohibiting admission into evidence of in-custody admissions or confessions from interrogation unless such confession or admission was made in the presence of a juvenile's parent, guardian, custodian, or attorney apply when the juvenile is less than 16 years old (was, when the juvenile is less than 14 years of age).

Current law provides that if a court does not find probable cause for a felony offense but finds probable cause to believe that a juvenile committed a lesser offense that if committed by an adult would be a misdemeanor, then the court may either proceed to an adjudicatory hearing or set a date for an adjudicatory hearing. Amends GS 7B-2202(f) to require that the adjudicatory hearing must be a separate hearing. Permits the court to continue the adjudicatory hearing for good cause.

GS 7B-2203(d) provides that if the court does not transfer the case to superior court, the court is to proceed to an adjudicatory hearing or set a date for that hearing. Amends subsection (d) to require that the adjudicatory hearing must be a separate hearing. Permits the court to continue the adjudicatory hearing for good cause.

Enacts new GS 7B-2408.5 specifying the procedural steps for making a motion to suppress evidence in an adjudicatory hearing prior to the hearing. Requires that the motion be in writing and accompanied by an affidavit containing facts to support the motion. Provides that the state may file an answer denying or admitting any of the allegations in the motion. Includes additional criteria and specifications for service of the motion and of the answer, and the criteria under which the judge must summarily grant or summarily deny the motion. Provides that a final order denying a motion to suppress evidence may be reviewed upon appeal of a final order of the court in a juvenile matter. Also provides for an oral or written motion to suppress made during the adjudicatory hearing.

Amends GS 7B-1701 to provide that if there has been no prior complaint against a juvenile, then the juvenile court counselor is directed to meet with the juvenile and the juvenile's parent, guardian, or custodian if the offense is divertible.

Amends GS 7B-2404 to provide criteria and circumstances under which a prosecutor may dismiss allegations stated in a juvenile petition with or without leave. Amends GS 7B-2507(a) to define a prior adjudication as an adjudication of an offense that occurs before the adjudication of the offense before the court.

Amends GS 7B-2510(c) to require that prior to the expiration of a probation order, the court may extend it for an additional year after notice and a hearing (was, after a hearing). Leaves it to the discretion of the court to determine whether to extend probation after a probation order expires if the juvenile fails to appear in court. Also amends subsection (e) to provide that when a juvenile violates probation, the court may either increase the disposition level to the next higher level on the disposition chart or order twice the amount of detention days originally authorized by GS 7B-2508, but may not do both.

Adds a new subsection (b) to GS 7B-2512 to require the court to provide information, either orally or in writing, about the expunction of juvenile records under GS 7B-3200 at the time of issuing a disposition order.

Adds a new subsection (e1) to GS 7B-3200 allowing petitioning for the expunction of all juvenile records of a juvenile adjudicated delinquent for a minor offense as defined in GS 7B-2508. Makes a conforming change to subsection (b).

Amends GS 7B-1903(c) to provide that when a juvenile remains in secure custody pending the dispositional hearing or pending an out-of-home placement, custody review hearings must be held at intervals of no more than 10 calendar days. Amends subsection (e) to require that the secure custody order contain findings of fact which include the evidence relied upon in reaching the court's decision and the purposes to be achieved by secure custody. Also enacts a new subsection (f) to require that when the court orders secure custody for an alleged runaway under subsection (b) to evaluate the juvenile’s need for medical or psychiatric treatment and the juvenile is under 10 years of age and does not have a pending delinquency charge, the officer or other authorized person who assumes custody of the juvenile may not use physical restraints while transporting the juvenile, unless the officer or other authorized person believes such restraints are reasonably necessary for the safety of the juvenile and officer or other authorized person.

Makes clarifying changes to GS 7B-2506 regarding dispositional alternatives for delinquent juveniles.

Effective December 1, 2015, and applies to offenses committed on or after that date.