House amendments make the following changes to the 4th edition.

Amendment #1 deletes the previously proposed changes to GS 15A-304, concerning warrants for arrest. Instead, amends GS 15A-304 as follows. Eliminates existing language in subsection (b), detailing the circumstances to be considered by the judicial official in determining whether a person should be taken into custody. Enacts two new subdivisions to subsection (b):

New subdivision (b)(1) directs the issuing official to issue a criminal summons instead of a warrant upon a finding of probable cause pursuant to existing subsection (d), unless the official finds that the accused should be taken into custody. Delineates circumstances to be considered in determining whether the accused should be taken into custody that include, but are not limited to: (1) the accused has a history of failure to appear before the court as required, or there is other evidence that the person is unlikely to appear in response to a summons for the current proceeding; (2) there is evidence that the accused is likely to escape or otherwise flee the State in order to avoid prosecution for the offense alleged; (3) there is evidence of imminent danger of harm to persons or property if the accused is not taken into custody; (4) the location of the accused is not readily discoverable, so that a criminal summons would be unlikely to be served before any court date assigned at the time of issue; (5) a relevant statute provides that arrest is mandatory for an offense charged; and (6) the seriousness of the offense, so long as the fact the offense is a felony cannot by itself constitute grounds for issuance of a warrant.

New subsection (b)(2) directs that if the finding of probable cause pursuant to existing subsection (d) is based solely upon the testimony of a person who is not a sworn law enforcement officer, the issuing official is prohibited from issuing a warrant for arrest, and instead must issue a criminal summons, unless either: (1) there is corroborating testimony of the facts establishing probable cause from a sworn law enforcement officer or at least one disinterested witness, (2) the official finds that obtaining investigation of the alleged offense by a law enforcement agency would constitute a substantial burden for the complainant, or (3) the official finds substantial evidence of one or more grounds listed in new subdivision (b)(1).

Effective December 1, 2017, and applies to warrants issued on or after that date.

Amendment #2 removes the application provision for the proposed changes to GS 15A-502 (Photographs and fingerprints).

Amendment #4 changes the act's long title and adds a new Part to the act.

Enacts new GS 15A-1340.16E. Increases the minimum term of imprisonment for a violent felony by 24 months and increases the corresponding maximum term when it is found that the offender intentionally posted a clip depicting the commission of the violent felony on the internet. Refines violent felony as a Class A, B1, B2, C, D, or E felony. Requires the indictment or information for the felony to allege facts that the offender posted the clip, and requires the State to prove that the offender posted the clip beyond a reasonable doubt unless the defendant pleads guilty or no contest, in which case a jury must be impaneled. Effective December 1, 2017, and applies to offenses committed on or after that date.

Makes conforming organizational changes.

Amendment #5 amends GS 14-54, establishing that if any person is in actual occupation of any part of a the building at the time a person commits the crime of breaking or entering, the person committing the crime is punished as a Class F felon. Increases the offense of breaking and entering with the intent to terrorize or injure an occupant of the building from a Class H to a Class F felony. Effective December 1, 2017, and applies to offenses committed on or after that date.

Amendment #6 further amends the act's long title and adds a new Part to the act.

Amends GS 143-166.82 (Assets), adding a new subsection directing the Department of Justice (DOJ) to calculate, at the beginning of each year, the amount of additional funds needed for that year to pay the pension benefits under the Article, and bill each county for that amount on a pro-rata basis based on the most recent population estimates by the Office of State Budget and Management for each county. Requires that each county pay the amount billed no later than March 1 of that year to DOJ to be deposited into the Sheriffs' Supplemental Pension Fund (Fund). Authorizes counties to use the following to fund the Fund contributions: (1) the portion of the civil process service fee per GS 7A-311(a)(1) that is not required by statute to be used to ensure the timely service of process within the county (50% of the $30 fee), (2) other funds, or (3) both a portion of the civil process service fee and other funds.

Amends GS 143-166.83 (Disbursements) to include the amounts pursuant to new GS 143-166.82(a1) to those assets to be disbursed by the DOJ as monthly pension payments as specified. Modifies the existing provisions in subsection (e), providing that if the Fund is insufficient to pay pension benefits owed under the Article (currently, to pay any pensions benefits) or other charges, then all benefits or payments are to be reduced pro rata for as long as the deficiency exists.

Amends GS 143-166.85 (Benefits), changing the method for calculating the annual pension benefit for retired sheriffs that is payable in equal monthly installments. Provides for the benefit to be equal to an amount that, when added to a retirement allowance at retirement from the Local Governmental Employees' Retirement System or to the amount the sheriff would have been eligible to receive if service had not been forfeited by the withdrawal of accumulated contributions, is equal to 75% of a sheriff's equivalent annual salary immediately preceding retirement computed on the latest monthly base rate, to a maximum amount that does not exceed: (1) $1,500 or (2) the sheriff's equivalent annual salary immediately preceding retirement computed on the last monthly base rate when the benefit described is added to the amount of the benefit the sheriff received under GS 143-166.42 and the amount of the sheriff's retired allowance at retirement from the Local Governmental Employee's Retirement System or the amount the sheriff would have been eligible to receive if service had not been forfeited by the withdrawal of accumulated contributions. 

Effective January 1, 2018.

Makes conforming organizational changes.