Bill Summary for S 580 (2011-2012)

Printer-friendly: Click to view
Bill: AOC OMNIBUS COURTS ACT.

Summary date: 

Jul 28 2011
S.L. 2011-411

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 580 (Public) Filed Tuesday, April 12, 2011
TO PROVIDE FOR AUTOMATIC REINSTATEMENT OF CASES THAT WERE DISMISSED WITH LEAVE IF THOSE CASES ARE WAIVABLE, TO CLARIFY THE CONDITIONS OF PRETRIAL RELEASE WHEN A DNA SAMPLE IS REQUIRED, TO ALLOW FOR SERVICE OF CRIMINAL PROCESS BY A LAW ENFORCEMENT OFFICER BEFORE A MAGISTRATE EVEN WHEN THE OFFICER IS OUTSIDE THE OFFICER’S TERRITORIAL JURISDICTION, TO ADD TO THE STATUTORY DUTIES OF THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE COURTS, TO DECREASE THE PERIOD OF TIME THAT STATE EMPLOYEES MUST BE SEPARATED FROM EMPLOYMENT PRIOR TO BEING SELECTED TO SERVE IN A POSITION WITHIN THE JUDICIAL BRANCH, TO ELIMINATE THE NECESSITY OF A HEARING TO REMOVE A PERSONAL REPRESENTATIVE IN ESTATE CASES, TO REPEAL THE REQUIREMENT THAT MAGISTRATES BE RESIDENTS OF THE COUNTY TO WHICH THEY ARE APPOINTED TO SERVE, TO CLARIFY WHEN A CLERK OF SUPERIOR COURT MAY RELEASE FUNDS HELD UNDER A CLAIM OF LIEN ON REAL PROPERTY, TO CHANGE THE DATE ON WHICH A NEWLY ELECTED CLERK OF SUPERIOR COURT TAKES OFFICE, TO GRANT THE COURT THE DISCRETION TO FIND THAT DISTANCE FROM THE COURT IS GOOD CAUSE TO EXEMPT A PARTY FROM CUSTODY MEDIATION, AND TO PROVIDE THAT FEES COLLECTED BY THE DISPUTE RESOLUTION COMMISSION ARE NONREVERTING.
Intro. by Hartsell.

View: All Summaries for BillTracking:

Bill summary

Conference report recommends the following changes to 2nd edition, as amended, to reconcile matters in controversy.
Withdraws previous amendment, which deleted provisions (1) amending GS 15A-301(c) to allow a municipal law enforcement officer to serve criminal process in a building with a court or office of the General Court of Justice or before any judicial official authorized to conduct an initial appearance if the officer has territorial jurisdiction to serve process in a municipality located in that county, and allow the officer to arrest the person named in the process, as provided in GS 15A-402(b); and (2) repealing GS 7A-171.2(a) (requires a magistrate be a resident of the county for which he or she was appointed).
Enacts new GS 58-71-200, granting any individual with a bondsman license access to search criminal records in the Administrative Office of the Courts’ (AOC) criminal information systems. Limits the access to information systems with general criminal case information, and requires the access to be free of charge. Directs the Commissioner of Insurance to coordinate access, and to notify AOC within 24 hours of any action to suspend or revoke a bondsman’s license or authority. Provides additional details on a bondsman’s access to court information systems, and makes it unlawful to willfully (1) access AOC information systems through another individual’s online identifier; (2) allow another individual, directly or indirectly, to access the information systems; (3) access the information systems during a period of license revocation or suspension; or (4) distribute information obtained from the information systems for any reason not directly related to bail evaluation. Makes a violation of the provision a Class H felony.
Repeals Section 8 of SL 2011-377 [amending GS 15A-544.5(d)(4)] and instead amends GS 15A-544.5(d)(4), directing the clerk to enter an order setting aside the bail bond forfeiture, regardless of the basis for relief asserted in the motion, the evidence attached, or the absence of either, if neither the district attorney nor the board of education has filed a written objection to the motion by the 20th day after the motion is served. Effective December 1, 2011, amends GS 15A-544.5(d)(4), as amended by this act, to direct the clerk to enter an order setting aside the bail bond forfeiture, as specified, if neither the district attorney nor the attorney for the board of education has filed a written objection to the motion by the 20th day after a copy of the motion is provided by the clerk of superior court.
Amends GS 96-14(2) (concerning disqualification for unemployment benefits), as amended by SL 2011-401, to clarify that discharge for misconduct with the work includes being terminated or suspended from employment after arrest or conviction for an offense involving illegal drugs if the arrest or conviction is related or connected to an employee’s work or in violation of a reasonable work rule or policy. Also clarifies that the term includes the failure to adequately perform any other employment duties as demonstrated by no fewer than three written reprimands in the 12 months immediately preceding the employee’s termination, provided that the reprimands are for intentional acts or omissions showing a disregard of standards of behavior, as explained or expected, or showing a similar degree of carelessness or negligence. Amends GS 96-15(b)(2) (concerning adjudicating claims for unemployment benefits), as amended by SL 2011-401, allowing any interested employer 10 days from delivery of the notice of a filed claim (was, 30 days from the earlier of mailing or delivery of the notice) to protest the claim and have the claim referred to an adjudicator. Amends GS 96-15(f) (procedure for claims), providing that all stipulations and conclusions offered to an appeals referee, hearing officer, or other designated employee may either be accepted or rejected; if rejected, then either party may appeal to the Board of Review. Makes the provisions amending GS Chapter 96 effective November 1, 2011.
Makes a clarifying change to the effective date provision in SL 2011-385 (Modify Graduated Licensing Requirements).
Makes conforming changes to the bill title.