Bill Summary for S 360 (2023-2024)

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Summary date: 

Mar 22 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 360 (Public) Filed Wednesday, March 22, 2023
Intro. by Britt, Lazzara, Mohammed.

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Bill summary

Amends GS 14-208.9A (pertaining to verification of registration information) to allow the Department of Public Safety (DPS) to deliver the sex offender registry verification form to the Division of Prisons for individuals in their custody who are on the registry and serving a sentence of more than 24 months, in lieu of non-forwardable mail.   

Amends GS 14-208.12A to clarify that a petition to terminate the 30-year registration requirement must be filed in the district where the person was convicted, regardless of their current county or state of residence.

The above provisions are effective August 1, 2023, and apply to verification forms sent and petitions filed on or after that date.

Amends GS 15A-831 of the Crime Victims’ Rights Act [Act] (pertaining to the responsibilities of law enforcement) to remove the requirement that law enforcement provide the victim with a form with information pertaining to their rights under the Act and the process within 72 hours after identifying a victim covered by the Act, so that requirement is just that law enforcement provide the form to the victim as soon as practicable. Amends GS 15B-11, setting forth grounds for denial of an award of compensation under the Act to no longer deny compensation if the criminally injurious conduct was not reported to a law enforcement officer or agency within 72 hours of its occurrence, and there was no good cause for the delay. Makes organizational and technical changes.

Amends GS 42-40 (the definitions provisions of the landlord tenant act) to include victims of attempted homicide or household members of a victim of attempted homicide under GS 14-17 (first and second degree murder); GS 14-18 (manslaughter); GS 14-18.4 (death by distribution of controlled substances); GS 14-23.2 (murder of an unborn child); GS 14-23.3 (voluntary manslaughter of an unborn child); and GS 14-23.4 (involuntary manslaughter of an unborn child) where the premises was the location of the crime to the definition of protected tenant. Makes organizational and technical changes. Makes conforming changes to GS 42-45.1 (early termination of residential lease by a protected tenant) to account for the victims of attempted homicide set forth above. Makes language gender neutral. Effective August 1, 2023, and applies to rental agreements entered into, amended, or renewed on or after that date.

Enacts new GS 8-53.12A creating a privilege for certain communications with homicide victim advocates, as follows. Defines agent, family member, homicide, services, victim, and victim assistance center. Specifies that no agent of a victim assistance center shall be required to disclose any information that the agent acquired during the provision of services to a victim and that was necessary to enable the agent to render the services, unless the victim waives the privilege conferred. Specifies that the privilege terminates upon the death of the victim. Only permits the court to require disclosure (either at trial or prior to trial) if it finds, by the preponderance of the evidence, a good-faith, specific, and reasonable basis for all of the following: (1) the records or testimony sought contain information that is relevant and material to factual issues to be determined in a civil proceeding or that is relevant, material, and exculpatory upon the issue of guilt, degree of guilt, or sentencing in a criminal proceeding for the offense charged or any lesser included offense; (2) the evidence is not sought merely for character impeachment purposes; (3) the evidence sought is not merely cumulative of other evidence or information available or already obtained by the party seeking the disclosure. Sets forth the duties of the court pertaining to disclosure of the records.  Clarifies that nothing in GS 8-53.12A should be construed to relieve any person of any duty pertaining to abuse or neglect of a child or disabled adult as required by law.

Amends GS 50B-2(c1) (pertaining to initial ex parte orders in domestic violence cases issued by a magistrate) to remove the provision of the statute directing that the ex parte order expire and that a hearing be scheduled by the end of the next day on which the relevant district court is in session. Instead requires that a hearing be held by a district court judge within 10 days from the date of issuance of the order or within seven days from the date of service of process on the other party, whichever occurs later. Specifies that a continuance will be limited to one extension of no more than 10 days unless all parties consent or good cause is shown. Directs the hearing to have priority on the court calendar. Effective October 1, 2023, and applies to ex parte orders issued on or after that date.