Bill Summary for S 594 (2013-2014)

Summary date: 

Jun 19 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 594 (Public) Filed Tuesday, April 2, 2013
AN ACT TO REMOVE PROHIBITIONS ON CARRYING CONCEALED FIREARMS BY ADMINISTRATIVE LAW JUDGES, NORTH CAROLINA APPELLATE JUSTICES AND JUDGES, AND CERTAIN DEPARTMENT OF PUBLIC SAFETY EMPLOYEES; TO INCREASE THE PENALTY FOR CARRYING A CONCEALED FIREARM; TO INCREASE THE PENALTY FOR GIVING OR SELLING A CELL PHONE TO AN INMATE AND TO MAKE POSSESSION OF A CELL PHONE BY AN INMATE UNLAWFUL; TO AMEND THE OFFENSE OF MAKING THREATS AGAINST OR ASSAULTING LEGISLATIVE, EXECUTIVE, OR COURT OFFICERS; TO CREATE AN OFFENSE WHEN AN INMATE SOLICITS ANOTHER TO COMMIT A CRIMINAL OFFENSE; TO INCREASE PENALTIES FOR CERTAIN VIOLATIONS OF THE AMUSEMENT DEVICE SAFETY ACT; TO PROPERLY IMPLEMENT CURRENT EXPUNCTION PROVISIONS; TO ADD QUALIFIED RETIRED CORRECTIONAL OFFICERS TO OFFICERS EXEMPT FROM CONCEALED CARRY COURSE; TO CONFORM STATE LAW WITH THE UNITED STATES SUPREME COURT DECISION IN HALL V. FLORIDA; TO ADD THE UNFAIR USE OF CRIMINAL RECORD INFORMATION TO THE CONSUMER PROTECTION LAWS; TO DIRECT MERGERS AT THE DEPARTMENT OF PUBLIC SAFETY; AND TO AUTHORIZE REMOTE VIDEO TESTIMONY BY FORENSIC AND CHEMICAL ANALYSTS, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION'S COMMITTEE ON JUDICIAL EFFICIENCY AND EFFECTIVE ADMINISTRATION OF JUSTICE.
Intro. by J. Davis.

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Bill summary

House committee substitute makes the following changes to the 4th edition:

Changes the short and long titles.

Deletes all of the provisions in the previous edition in their entirety and replaces it with the following.

Amends GS 14-415.1(a) to change the penalty for possession of a firearm by a felon, providing that felons who are found in possession of a firearm or weapon of mass death will be treated as a Class F felon (was a Class G felon).

Amends GS 14-269(b), by enacting new subdivision (7), providing that the prohibition for concealed carry permit holders does not apply to a person employed by the Department of Public Safety (DPS) who has been designated in writing by the Secretary of the Department, has a concealed permit, and possesses  written proof of the designation, provided the person does not carry a concealed weapon while consuming alcohol or other unlawful controlled substance. Effective July 1, 2014.

Amends GS 14-269(c) to provide that any person violating the prohibition on carrying a concealed pistol or gun found in GS 14-269(a1) will be guilty of a Class A1 misdemeanor for the first offense and a Class H felony for a second or subsequent offense (was, a Class 2 misdemeanor for the first offense and Class I felony for a second or subsequent offense). Effective December 1, 2014.

Amends GS 14-415.27, expanded permit scope for certain persons to allow employees of DPS with a concealed permit and carrying a designation from the Secretary to carry in areas in GS 14-41511(c). Effective July 1, 2014.

Amends GS 14-258.1 to provide that knowingly giving or selling a mobile phone or other wireless communications device or component thereof to an inmate in custody of the Division of Adult Correction or in a local confinement facility is guilty of a Class H felony (was, Class 1 misdemeanor). Also enacts new GS 14-258.1(f) providing that an inmate in custody of the Division of Adult Correction or a local confinement facility that is found to be in possession of a mobile telephone or similar wireless device or component is guilty of a Class H felony. Effective December 1, 2014.

Amends GS 14-16.6, to provide that any person who assaults another person as retaliation against any legislative officer, executive officer, or court officer because of that officer's duties will be guilty of a felony and will be punished as a Class E felon. Also changes the punishment for assaulting a legislative officer, executive officer, or court officer or the residence, office, or transportation of those officers to be treated as a Class E felon (was, Class I). Changes the punishment for committing an offense above with a deadly weapon to a Class D felony (was, Class F).  Inflicting serious bodily harm during the offense will require punishment as a Class C felon (was, Class F). Effective December 1, 2014.

Amends GS 14-16.7, providing that those who knowingly and willfully make a threat to inflict serious bodily injury or threat to kill another person as retaliation against a legislative officer, executive officer, or court officer because of that officer's duties will be punished as a Class F felon. Also changes the punishment for  those who knowingly and willfully make a threat to inflict serious bodily injury or threat to kill a legislative officer, executive officer, or court officer to punishment as a Class F felon (was, Class I). Also provides that knowingly and willfully depositing in the mail a threat to inflict serious bodily injury or threat to kill another person as retaliation against a legislative officer, executive officer, or court officer or another person in retaliation for those officers' duties will be punished as a Class F felon. Effective December 1, 2014.

Enacts new GS 14-2.6(a1) to provide that the categories of punishment for any person who is committed or confined in a State penal institution or local confinement facility and solicits another person to commit a felony outside the facility is guilty of a felony one class lower than the felony the person solicited the person to commit, provided that a solicitation to commit a Class A or Class B1 felony is a Class B2 felony, a solicitation to commit a Class B2 felony is a Class C felony, and a solicitation to commit a Class I felony is a Class 1 misdemeanor. Effective December 1, 2014.

Amends GS 95-111.13, concerning punishments for violations involving amusement devices, increasing the civil monetary penalties for the specified violations. Deletes language which provided for a location notice violation, pursuant to GS 95-111.8. Makes technical changes. Provides for a new civil penalty not to exceed $50,000 and a criminal punishment of a Class E felony when any person willfully commits any violation of this section and causes serious injury or death. Requires, in determining the penalty amount, that the appropriateness of the penalty be considered with respect to the annual gross volume of the business (was, the size of the business). Effective December 1, 2014, applying to offenses and violations committed on or after that date.

Amends GS 15A-145.5(f), deleting language which exempted fingerprint records from the provisions concerning expunction of misdemeanors and certain felonies.

Amends GS 7A-4.20 and GS 135-57(b), concerning the age limit for judges or justices of the General Court of Justice, raising the age limit to which any justice or judge can serve to 75 (was, 70). Makes the language gender neutral. Effective December 1, 2014.

 Amends GS 14-415.12A(a) to provide that qualified retired correctional officers are deemed to have satisfied the requirement of completing an approved firearms safety and training course.

Enacts new GS 14-415.10(4c) to add and define the term qualified retired correctional officer"

Amends GS 15A-2005, replacing the occurrence of the term "mentally retarded" with "intellectual disability." Also adds new language providing that scoring above an intelligent quotient of 70 does not preclude a defendant from being able to present additional evidence of intellectual disability. Adds other language to conform NC law to the Hall v. Florida Supreme Court decision. Makes technical and conforming changes.

Amends GS 15A-1415(f), to provide that a defendant can motion and the State can be ordered that necessary files of law enforcement and prosecutorial agencies are available for inspection for postconviction proceedings. Clarifies State responsibility in postconvition proceedings, as far as release of documents, for offenses that occurred prior to December 1, 2004. Effective December 1, 2014, applying to postconviction proceedings commenced by filing on or after that date.

Enacts new GS 14-429(b) to provide that taking, or aiding in taking or carrying away, a Venus flytrap plant or seed of a flytrap growing on the lands of another person with the intent to steal is a Class H felony.  Effective December 1, 2014, applying to offenses committed on or after that date.

Enacts new GS 14-127.1 concerning graffiti vandalism, which establishes that engaging in graffiti vandalism on any real property or on any public building or facility or statue or monument in a public place will result in  a minimum of a $500 fine and a required 24 hours of community service. Provides for criminal penalty of a Class I felony if damage exceeds $1,000 or the person has two or more convictions for such vandalism. Provides for the consolidation of multiple graffiti vandalism violations. Defines graffiti vandalism.  Effective December 1, 2014, applying to offenses committed on or after that date.

Enacts new GS 75-43 (unfair use of criminal record information), which provides that it is an unfair trade practice, as prohibited by GS 75-1.1, to engage in publishing or disseminating photographs of an individual taken pursuant to GS 15A-502(a)(1), 15A-502(a2), or those authorized by GS 15A-502(b) as well as soliciting or accepting a fee or other consideration to remove an individual's photograph. Effective December 1, 2014, applying to violations occurring on and after that date.

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