AN ACT TO MAKE CHANGES TO FUTURE CRIMINAL LAWS RELATED TO REGULATORY OFFENSES, TO EXTEND THE TIME FOR LOCAL GOVERNMENTS TO REPORT ORDINANCES WITH CRIMINAL PENALTIES, AND TO REQUIRE THE GENERAL STATUTES COMMISSION TO STUDY CURRENT OFFENSES NOT ENACTED BY STATUTE.
Amends GS 14-4, which makes a violation of an ordinance of a county, city, town, or metropolitan sewerage district a Class 3 misdemeanor and subject to the specified fines, and makes a violation of ordinances regulating vehicles an infraction and subject to a penalty of no more than $50. Amends the statute to specify that these provisions do not apply to ordinances created after December 1, 2019.
Enacts new GS 14-4.1 subjecting any rule adopted under Article 2A, Rules, of the Administrative Procedure Act, that creates a new criminal offence or subjects a person to criminal penalties to be subject to legislative review under GS 150B-21.3(b1) whether or not the required written objections have been received. Applies to rules adopted after December 1, 2019. Makes a conforming change to GS 150B-21.3(b1), effective December 1, 2019.
Enacts new GS 14-4.2 to provide that no person may be convicted of a crime unless the person is shown to have acted recklessly (as defined in the statute) if (1) the underlying criminal offense was created after December 1, 2019, by General Assembly enactment or adoption of an administrative rule and (2) the statute or rule does not include a specific criminal intent as an element of the offense. This does not apply to (1) an offense that is not punishable by an active sentence or by a fine exceeding $500 or (2) the law creating the offense indicates intent to impose strict liability.
Enacts new GS 14-4.3 to prohibit convicting a person of a criminal offense unless the offense appears in GS Chapter 14 (Criminal Law), Chapter 20 (Motor Vehicles), or Article 5 of Chapter 90 (Controlled Substances Act). Make an exception for a person who has actual knowledge that the behavior that is the basis for being charged with the offense constitutes a crime. Applies to offenses created after December 1, 2019.
© 2022 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.