Bill Summary for S 156 (2023-2024)

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Summary date: 

May 15 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 156 (Public) Filed Thursday, February 23, 2023
Intro. by Krawiec, Burgin, Corbin.

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Bill summary

House committee substitute replaces the 1st edition in its entirety with the following. 

Removes the definition of dating relationship in GS 14-32.5 (misdemeanor crime of domestic violence) and now provides that a current or recent former dating relationship is a relationship between individuals who have or have within the preceding twelve months had a continuing serious relationship of a romantic or intimate nature. Whether a relationship constitutes a dating relationship should be determined based on consideration of the length of the relationship, the nature of the relationship, and the frequency and type of interaction between the individuals involved in the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship. (Currently, statute uses the definition for dating relationships set forth in 18 USC 921.) Directs that misdemeanor assault under GS 14-33 is not a lesser included offense of the crime of misdemeanor domestic violence. 

Includes misdemeanor domestic violence as one of the crimes that will: (1) constitute habitual misdemeanor assault if a person is convicted two or more times, with the earlier conviction occurring no more than fifteen years prior to the date of the current violation under GS 14-33.2; (2) allow an officer to make an arrest without a warrant even if the offense did not occur in their presence if they have probable cause to believe it occurred under GS 15A-401(b)(2); and (3) require judicial determination of pretrial release under GS 15A-534.1.

Amends the definition of dating relationship in GS 50B-1(b) (definitions pertaining to domestic violence civil protective orders) so that it conforms to the definition above (currently, the parties must have been romantically involved over time and on a continuous basis during the course of the relationship). 

Effective December 1, 2024, and applies to offenses committed and actions for protective orders filed on or after that date.