Bill Summary for S 141 (2011-2012)

Summary date: 

Jun 27 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 141 (Public) Filed Thursday, February 24, 2011
TO PROVIDE THAT ANY DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY, OR INVESTIGATOR EMPLOYED BY THE OFFICE OF A DISTRICT ATTORNEY WHO EITHER HAS A CONCEALED HANDGUN PERMIT THAT IS VALID IN NORTH CAROLINA OR WHO HAS BASIC LAW ENFORCEMENT TRAINING CERTIFICATION IN NORTH CAROLINA IS EXEMPT FROM THE GENERAL PROHIBITION AGAINST CARRYING A CONCEALED WEAPON AND FROM THE PROHIBITIONS AGAINST CARRYING A WEAPON ON CERTAIN PREMISES OR IN CERTAIN CIRCUMSTANCES.
Intro. by Apodaca, Meredith.

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Bill summary

House committee substitute makes the following changes to 3rd edition.
Changes the bill title to delete reference to increasing the benchmark for publically bidding lottery commission contracts and modifying lottery commission conflicts of interest provisions and adds reference to establishing a Research and Planning Section within the Department of Public Safety, designating the Section to be responsible for reentry policy initiatives, directing the Department to continue assisting offenders in reentry, and extending time for forensic sciences labs to obtain accreditation.
SECTION 1. Same as 3rd edition except: (1) changes punishment for offense under GS 14-159.12(c) from a Class I felony to a Class A1 misdemeanor; (2) deletes dam or reservoir used by an electric power supplier to generate hydroelectric power from list of premises the offense applies to; (3) rewrites subdivision (c)(2) to include actually entering a building or climbing over, going under, or otherwise surmounting a fence or other barrier to reach a facility to the elements of the offense; (4) deletes offense being committed by three or more persons acting in concert as one of the elements that elevates the offense to a Class H felony; (5) adds a new subsection (e) to define the term “facility” as meaning a building or other infrastructure; and (6) renumbers subsections accordingly and makes other technical conforming changes.
SECTION 2.(a). Same as 3rd edition except changes title of GS 15A-1413 to include assignment of motions for appropriate relief and deletes provision in subsection (e) requiring a motion for appropriate relief be assigned for review to the original presiding judge when practicable.
SECTION 2.(b). Same as 3rd edition except: (1) amends GS 15A-1420 to delete requirement in subsection (a)(2) that when a written motion for appropriate relief is made more than ten days after entry of judgment, service of the motion and a notice of hearing must be made not less than five working days before the date of the hearing; (2) revises subsection (b2)(1) to clarify that the senior resident superior court judge assigns motions for appropriate relief for initial review (was resident superior court judge); (3) adds new subdivision (b2)(4) to provide that time periods for evidentiary hearings and other procedural matters are calculated from the date of appointment of counsel when counsel is appointed and are extended for an additional 60 days; (4) adds new subdivision (b2)(5) incorporating time periods for notice of date of hearing and ruling on the motion previously contained in subdivision (b2)(3) and adds requirement that notice must be provided to the state and the defendant or defendant’s counsel; and (5) renumbers subdivisions within subsection (b2) accordingly and makes other technical conforming changes.
SECTION 3. Same as 3rd edition except changes term “citation” in GS 20-13.3(c) to “charge.”
SECTION 4. Deletes amendments to GS 18C-151, which increased the benchmark for publically bidding lottery commission contracts and modified the Lottery Commission conflict of interest provisions, and instead inserts language from Sec. 5 in 3rd edition providing that certain changes to payable on death contracts did not change procedures for creating those contracts.
SECTION 5.(a). New provision repeals GS 148-77, which established within the Division of Adult Correction of the Department of Public Safety organizational units responsible for statistics, research, and planning.
SECTION 5.(b). New provision amends GS 143B-600(a) to establish a Research and Planning Section within the Department of Public Safety and charges the Section with the responsibility for statistics, research, and planning for programs within the department and serving as the single agency for coordinating and implementing ex-offender reentry initiatives.
SECTION 5.(c). New provision directs the Department of Public Safety Research and Planning Section to work with local communities to form between three and ten local reentry councils to develop local reentry plans and to form a state-level advisory group.
SECTION 6. New provision extends the accreditation deadline for laboratories conducting forensic or chemical analysis for admission in state courts, other than the NC State Crime Laboratory, to July 1, 2013 (was October 1, 2012).
SECTION 7. Same as Section 6 in 3rd edition except makes Section 3 of the bill (concerning license revocation) effective October 1, 2012 (was, December 1, 2012), and applies to offenses committed on or after that date.

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