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.
Senate committee substitute to the 1st edition makes the following changes.
Amends GS 14-4, by adding that on or after December 1, 2020, no person who violates an ordinance of a county, city, town, or metropolitan sewerage district is guilty of a crime. Allows, however, criminal penalties to be imposed by a specific and explicit act of the NCGA for such violations if the prohibited conduct is defined in GS Chapter 14, Chapter 20, or Article 5 of GS Chapter 90. Specifies that nothing in the statute prhoibits a county, city, town, or metropolitan sewerage district from imposing civil penalties for the violation of any ordinance under GS 153A-123, GS 160A-175, or GS 162A-81, all of which concern the enforcement of ordinances. Makes additional changes to make existing language gender-neutral.
Deletes proposed GS 14-4.2, which prohibited convicting a person of a crime unless the person was 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.
Renumbers proposed GS 14-4.3 as GS 14-4.2 and makes clarifying changes.
Amends the act's long title.
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