Part I.

Makes the following changes to Articles 45, Fair Treatment for Certain Victims and Witnesses, and 46, Crime Victims' Rights Act, of GS Chapter 15A.

Amends GS 15A-824, which sets forth the defined terms for Article 45. No longer qualifies that the definitions apply unless the context clearly requires otherwise. Excludes from the definition of crime offenses against the person or a felony property crime covered by Article 46 of the Chapter or Article 20A of GS Chapter 7B, as enacted (previously, excluded felonies or serious misdemeanors in Article 46). Makes clarifying and technical changes.

Amends GS 15A-825, concerning the treatment due to victims and witnesses by law enforcement agencies, the prosecutorial system, the judicial system, and the correctional system. To the extent reasonably possible and subject to available resources, requires that the victim or witness be provided a secure waiting area during court proceedings that does not place the victim or witness in close proximity to any defendants or the family of any defendant (was, to defendants and families or friends of defendants). No longer requires that family members of a homicide victim be offered all guarantees specified, as appropriate. 

Amends GS 15A-830, which sets forth the defined terms for Article 46. Adds the terms court proceeding, family member, felony property crime, and offense against the person. Eliminates the term next of kin and makes conforming changes to eliminate any reference to the term. Amends the definition of victim, now defined to mean a person against whom there is probable cause to believe an offense against the person or a felony property crime has been committed (previously, specified certain felonies and misdemeanors). Defines offense against the person to mean an offense against or involving the person of the victim which constitutes a violation of Subchapter III (Offenses Against the Person) of GS Chapter 14; Subchapter VII (Offenses Against Public Morality and Decency) of GS Chapter 14; Article 39 of GS Chapter 14 (Protection of Minors); GS Chapter 20 (Motor Vehicles) if the offense involves impairment of the defendant, or injury or death of the victim; a valid protective order under GS 50B-4.1; or Article 35 (Offense Against Public Peace) of GS Chapter 14 if the offense involves communicating a threat or stalking. Defines felony property crime to mean an act which constitutes a felony violation of either Subchapter IV (Offenses Against the Habitation or Other Buildings) or Subchapter V (Offenses Against Property) of GS Chapter 14. Adds new provisions to establish that a parent, guardian, or legal custodian can assert the victim's rights under Article 46 if the victim is a minor or is legally incapacitated. Provides that if the victim is deceased, a family member, in the order set forth in the definition, can assert the victim's rights under Article 46, provided that the guardian or legal custodian of a deceased minor has priority over a family member and the personal representative of the victim's estate must exercise any restitution right set forth in GS 15A-834. Defines family member to mean a spouse, child, parent, sibling, or grandparent of the victim; excludes the accused unless the charges are dismissed or the person is found not guilty. Establishes that any individual who, in the determination of the court, would not act in the best interests of the victim is not entitled to assert or exercise the victim's rights.

Enacts GS 15A-830.5 to mandate that a victim of a crime be treated with dignity and respect by the criminal justice system. Enumerates nine victims' rights, including (1) the right to reasonable, accurate, and timely notice of court proceedings of the accused upon request; (2) the right to receive restitution, if ordered, in a reasonably timely manner; (3) the right to be given information about the crime, how the criminal justice system works, the rights of victims, and the availability of services for victims; (4) the right to receive information about the conviction or final disposition, and sentence of the accused, upon request; (5) the right to receive notification of escape, release, proposed parole or pardon of the accused, or notice of a reprieve or commutation of the accused's sentence, upon request; and (6) the right to present the victim's views and concerns in writing to the Governor or agency considering any action that could result in the accused's release, prior to the action becoming effective. Prohibits the failure or inability of any person to provide a right or service under Article 46 from being used by a defendant in a criminal case, by an inmate, by any other accused, or by any victim or any family member of a victim as a ground for relief in any criminal or civil proceeding.

Amends GS 15A-831 to require an investigating law enforcement agency to provide a victim, within 72 hours of identification, with the specified information in writing, on a form created by the Conference of District Attorneys (previously, listed seven items and did not specify how the information is to be given). Adds to the existing specified information (1) a list of each enumerated right of a victim, as enacted in GS 15A-830.5 and (2) information about any other rights afforded to victims by law. No longer requires law enforcement agencies to forward the victim's date of birth, Social Security number, race, and sex to the district attorney's office within 72 hours after notification of the accused's arrest, instead only requiring the agency to forward the victim's name, address, and phone number or other contact information (currently, requires name, address, and phone number). Requires a victim electing to receive further notices on the status of the accused during the pretrial process to return the form given to the investigating law enforcement agency within 10 business days of receipt of the form. Adds a new requirement for the investigating law enforcement agency to promptly share the form with the district attorney's office.

Amends GS 15A-832, regarding the district attorney's office's responsibilities, to require the district attorney's office to explain the step generally taken by the office when prosecuting a crime (was, a felony case). Deems it the victim's responsibility to notify the office of any changes in the victims's contact information if the victim elects to receive notices. Specifies that the office's notices must be accurate and timely. Permits notification electronically or by phone with the victim's consent. No longer requires a court to make every effort to permit the fullest attendance possible by a victim witness in the proceedings. Requires the office to offer the victim the opportunity to reasonably confer, rather than consult, with the prosecution (rather than the prosecuting attorney). Establishes that the district attorney's office's responsibilities extend to the victim of an act of delinquency if the juvenile's case is transferred to superior court. 

Amends GS 15A-832.1, regarding responsibilities of judicial officials, to require a judicial official issuing an arrest warrant for any misdemeanor offense against the person based on testimony or evidence from a complaining witness rather than from a law enforcement officer to (1) record previously specified information of the defendant and victim and (2) deliver a copy of the warrant and victim's information to the superior court clerk's office by the close of the next business day. Requires judges, in any court proceeding under the Article, as now defined in GS 15A-830, to always ask whether the victim is present and wishes to be heard, to which the victim must reasonably be heard if the victim wishes, through an oral statement, submission of a written statement, or submission of an audio or video statement. Requires a judge notified by the clerk that a victim has filed a motion alleging violation of the rights of Article 46 to inquire as to compliance and timely dispose of the motion or set the motion for hearing. Adds a new requirement for the court to make every effort to provide a secure waiting area during court proceedings that does not place the victim in close proximity to the defendant or the defendant's family. 

Enacts GS 15A-834.5 to establish that a victim or a victim's attorney can assert the rights afforded under Article 46. Allows assertion of victim rights by the prosecutor, upon request, or the parent, guardian, or legal guardian, or family members, as specified. Requires assertion by motion within the same criminal proceeding giving rise to the rights, with the right to counsel at the hearing, but no right to counsel provided by the State. Requires the victim to file a written complaint with the district attorney if the matter involves an allegation that the district attorney failed to comply with the victim's rights when obligated by law. 

Amends GS 15A-836, regarding the responsibilities of the custodial agency of the defendant, to require the agency to notify the victim of the procedure for alleging failure of the custodial agency to notify the victim as required by the statute. 

Repeals GS 15A-840 (No ground for relief; incorporated into new GS 15A-830.5) and GS 15A-841 (concerning incompetent victim's rights; incorporated into GS 15A-830, as amended).

Part II.

Enacts new Article 20, Rights of Victims of Delinquent Acts, in GS Chapter 7B, providing as follows.

Defines victim as a person against whom there is probable cause to believe a juvenile has committed an offense against the person or a felony property offense. Defines offense against the person as an offense committed by a juvenile against or involving the person of the victim that, if committed by an adult, would constitute a violation of one of the following: Subchapter III of GS Chapter 14 (Offenses Against the Person); Subchapter VII of GS Chapter 14 (Offenses Against Public Morality and Decency); Article 39 of GS Chapter 14 (Protection of Minors); GS Chapter 20 (Motor Vehicles) if the offense involves impairment of the defendant, or injury or death to the victim; a valid protective order under GS 50B-4.1; or Article 35 of GS Chapter 14 (Offenses Against the Public Peace) if the offense involves communicating a threat or stalking. Defines felony property offense as an offense that, if committed by an adult, would constitute a felony violation of GS Chapter 14, Subchapter IV (Offenses Against the Habitation and Other Buildings) or Subchapter V (Offenses Against Property).

Allows a parent, guardian, or legal custodian to assert the victim’s rights under the Article when the victim is a minor is or legally incapacitated. Allows a family member to assert a deceased victim’s rights, subject to the following: (1) the guardian or legal custodian of a deceased minor has priority over a family member and (2) the right to restitution in new GS 7B-2056 may only be exercised by the personal representative of the victim’s estate. Prohibits an individual who would not act in the best interests of the victim from being entitled to assert or exercise the victim's rights.

Gives victims the following rights: (1) the right, upon request, to reasonable, accurate, and timely notice of court proceedings of the juvenile; (2) the right, upon request, to be present at court proceedings of the juvenile; (3) the right to be reasonably heard at court proceedings involving the plea, adjudication, disposition, or release of the juvenile; (4) the right to receive restitution in a reasonably timely manner, when ordered by the court; (5) the right to be given information about the offense, how the juvenile justice system works, the rights of victims, and the availability of services for victims; (6) the right, upon request, to receive information about the adjudication of the juvenile or disposition of the case; (7) the right, upon request, to receive notification of the escape or release of the juvenile; and (8) the right to reasonably confer with the prosecution. Prohibits using the failure or inability of a person to provide a right or service under the Article as a ground for relief in any criminal, juvenile, or civil proceeding.

Requires the district attorney’s office to provide the victim with the seven types of information within 72 hours after the filing of a petition, including the victim’s rights under the Article, steps generally taken by the district attorney’s office in cases involving juvenile offenses, and suggestions on what the victim should do if threatened or intimidated by the juvenile or someone acting on the juvenile’s behalf. Requires the victim to indicate on a form whether the victim requests to receive notices of some, all, or none of the court proceedings included under this Article as well as whether the victim wishes to receive information about the adjudication and disposition of the case. Requires the district attorney's office to offer the victim the opportunity to reasonably confer with the prosecution to obtain the views of the victim about, at a minimum, dismissal, plea or negotiations, disposition, and any dispositional alternatives. Requires the district attorney’s office to notify victims, who have indicated they wish to be notified, of the date, time, and place of court proceedings; sets out requirements for those notices. Requires, when practical, providing a secure waiting area during court proceedings that does not place the victim in close proximity to the juvenile or the juvenile’s family. Requires the prosecutor, before the dispositional hearing, to notify the victim that the victim may request in writing to be notified (1) in advance of the juvenile's scheduled release date, if the juvenile is committed to the Division of Adult Correction and Juvenile Justice (Division) for placement in a youth development center or (2) in the event that the juvenile escapes, if the juvenile is being held in secure custody or is committed to the Division for placement in a youth development center. Requires the prosecutor, at the dispositional hearing, to submit to the court a form containing the victim's request for further notices and any necessary identifying information about the victim, if applicable. Sets out custody and confidentiality of the form. Requires the district attorney’s office to provide the victim, when requested, with information about the adjudication and disposition of the juvenile; limits information that is to be included in that notice.

Requires the court to give the victim an opportunity to be reasonably heard. Provides that if an entire hearing has been closed to the victim by the court, the victim must have opportunity to be heard by the court regarding the right to be present, if the court has not previously provided this opportunity to the victim. Requires the court to make every effort to provide a secure waiting area during court proceedings that does not place the victim in close proximity to the defendant or the defendant's family.

Sets out notification requirements by the Division at least 45 days before releasing a juvenile to post-release supervision. Requires the Division to give the victim an opportunity to be reasonably heard and consider the victim’s views when determining whether a juvenile is ready for release and during the post-release supervision planning conference process. Sets out notification requirements when the victim has asked to be notified of the juvenile’s escape.

Gives the victim a right to receive restitution when ordered by the court under GS 7A-2506(4) (up to $500, payable within a 12-month period to any person who has suffered loss or damage as a result of the offense committed by the juvenile) or GS 7B-2506(22) (require restitution of more than $500 full or partial, payable within a 12-month period to any person who has suffered loss or damage as a result of an offense committed by the juvenile).

Provides that nothing under the Article provides grounds for a victim to examine or obtain confidential juvenile records. Prohibits identifying the juvenile by name in the notice or information provided to the victim, requiring the use of first and last initials. Specifies that the Article does not create a claim for damages against the State, any county or municipality or any State or county agencies, instrumentalities, officers, or employees.

Allows a victim or a victim’s attorney to assert the rights provided in the Article. Also allows the following to assert the victim’s rights: (1) the prosecutor, upon request of the victim; (2) if the victim is a minor or is legally incapacitated, a parent, guardian, or legal custodian; or (3) if the victim is deceased, a family member. Sets out the procedure by which a victim may assert their rights provided under the Article. Provides that if the matter involves an allegation that the district attorney failed to comply with the rights of a victim when obligated to do so by law, the victim must first file a written complaint with the district attorney to give the district attorney with jurisdiction over the criminal action an opportunity to resolve the issue stated in the written complaint in a timely manner.

Makes conforming changes to GS 7B-2514, GS 7B-3000, GS 7B-3111, and GS 7B-3102. Makes a conforming repeal of GS 7B-2513(j).

Part III.

Requires the Conference of District Attorneys and the Administrative Office of the Courts, by July 31, 2019, to develop and disseminate the forms required by the act.

Parts I and II of the act apply to offenses committed on or after August 31, 2019.