Bill Summary for S 264 (2013-2014)

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Summary date: 

May 7 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 264 (Public) Filed Tuesday, March 12, 2013
A BILL TO BE ENTITLED AN ACT TO STRENGTHEN THE NUISANCE LAWS TO CLOSE DOWN BUSINESSES THAT REPEATEDLY SELL CONTROLLED SUBSTANCES.
Intro. by Brown.

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Bill summary

Senate committee substitute makes the following changes to the 1st amendment.

Deletes changes to GS 90-112, which authorized forfeiture of real property in drug cases. Deletes proposed new GS 15A-534.7, whichprovides for determining bond and other conditions of release for a defendant who owns or has operational control of a place of business at which the controlled substance that is the basis for the charge against the defendant was located.

Amends GS 15A-533 to create a rebuttable presumption that no condition of pretrial release will reasonably assure the person's appearance and the community's safety if the person is charged with manufacturing, selling, or delivering or possession with intent to manufacture, sell, or deliver a controlled substance, and a judicial official finds that (1) the personowns or has operational control of aplace of business, (2) the controlled substance that is the basis for the charge was located at the place of business, and (3) either of the following: the person is out on pretrial release for a prior charge under GS 90-95(a)(1) or has a prior conviction for a violation of GS 90-95(a)(1) and the controlled substance that was the basis for the prior charge/conviction was located at the place of business. Provides that persons considered for bond under the provisions of subsections (d), (e), and (f) of this section may only be released by a district or superior court judge under specified criteria. Defines a place of business as any location where the public may purchase, lease, or utilize goods, services, or other thing of value. Effective December 1, 2013, and applies to offenses committed on or after that date.