A BILL TO BE ENTITLED AN ACT TO CREATE A SAFE HARBOR FOR VICTIMS OF HUMAN TRAFFICKING AND FOR PROSTITUTED MINORS, MODIFY THE MEMBERSHIP OF THE NORTH CAROLINA HUMAN TRAFFICKING COMMISSION, AND PROVIDE FOR PAROLE CONSIDERATION OF CERTAIN INMATES SENTENCED UNDER THE FAIR SENTENCING ACT.
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 14-203.1, Definitions, making a technical change to the definition for advance prostitution. Adds prostitute and prostitution as new terms. Deletes the term and definitions for sexual act. Amends GS 14-203.2, Prostitution, providing that any person who knowingly engages in prostitution is guilty of a Class I misdemeanor.
Amends GS 14-203.2 to provide for conditional discharge for a first offender (was, deferred prosecution). Sets out the requirements and conditions for conditional discharge, the same as previously set out for deferred prosecution in the previous edition. Establishes that discharge and dismissal under this subsection will not be considered as a conviction for the purposes of structured sentencing or for purposes of disqualifications or disabilities imposed by law when convicted of a crime. Minors suspected of or charged with a violation are to be taken into temporary protected custody as undisciplined juveniles under Article 19, GS Chapter 7B.
Amends GS 14-203.3, renaming subsection to Solicitation of prostitution (was, Solicitation of a sexual act), deleting the language of the previous edition. Establishes that any person who solicits another for the purpose of prostitution is guilty of a Class 1 misdemeanor for a first offense and a Class I felony for a second or subsequent offense. Provides that solicitation of a minor, by anyone 18 years or older, for the purpose of prostitution is a Class C felony and solicitation of a person who is severely or profoundly mentally disabled for the purpose of prostitution is a Class C felony. Makes technical and clarifying changes to the sentencing guidelines of the subsection.
Amends GS 14-203.5, renaming subsection to Promoting prostitution of a minor or mentally disabled person, (was, Promoting prostitution of a minor). Provides that administering drugs or alcoholic intoxicants to a minor or mentally disabled person is without consent if without consent of parent or legal guardian or is performed or permitted (was, performed) by the parent or guardian for other than medical purposes. Amends the forefeiture portion of the statute so that it includes prostitution of a mentally disabled person in the provisions for this section, which previously only applied to prostitution of a minor. Makes clarifying, technical, and conforming changes.
Amends GS 14-203.6, Patronizing a prostitute, establishing that any person who knowingly performs any of the following acts with a person not his or her spouse commits the offense of patronizing a prostitute:
Makes technical and clarifying changes to the sentencing guidelines of the subsection.
Deletes Section 6 of the previous act, which proposed a new subsection GS 14-203.15, Vehicle impoundment.
Amends GS 14-203.7, renaming subsection to Patronizing a minor or mentally disabled person engaged in prostitution, (was, Patronizing a minor engaged in prostitution). Amends the definition of the offense, providing that any person, 18 years of age or older, that engages in vaginal intercourse, any sexual act as defined in GS 14-27.1(4), or any sexual contact as defined in GS 14-27.1(5) for the purpose of sexual arousal or gratification with a prostitute that is a minor commits the offense of patronizing a minor engaged in prostitution. Similarly, any person that engages in vaginal intercourse, any sexual act as defined in GS 14-27.1(4), or any sexual contact as defined in GS 14-27.1(5) for the purpose of sexual arousal or gratification with a prostitute that is a severely or profoundly mentally disabled person commits the offense of patronizing a mentally disabled person in prostitution. Makes conforming and clarifying changes.
Amends GS 14-203.10, Certain probation conditions, making a technical change.
Amends GS 15A-290(c)(1), making conforming changes.
Enacts new subsection GS 15A-1341(a3), defining deferred prosecution for prostitution, providing that a defendant whose prosecution is deferred pursuant to GS 14-203.2(b) may be placed on probation as provided in this Article.
Amends GS 15A-1342(a1), making conforming changes.
Amends GS 15A-1415(b), making a technical and clarifying change.
Amends GS 15A-1461.1, Motion by the defendant to vacate prostitution conviction for sex trafficking victim, providing that the court can grant the motion if, in the discretion of the court, the violation was a result of the defendant having been a victim of human trafficking or sexual servitude (previously, only included human trafficking). Makes a clarifying change.
Amends GS 15A-145.6, Expunctions for certain defendants convicted of prostitution, changing the definition of a prostitution offense to a conviction for (1) a violation under GS 14-203.2 or (2) engaging in prostitution in violation of GS 14-204(7) for an offense that occurred prior to December 1, 2013. Makes a clarifying change. Amends criteria for expunction to establish that a person can meet one of the following new criteria and qualify to submit a petition if other existing criteria are met: (1) have no prior convictions for a prostitution offense and at least three years has passed since the date of conviction or the completion of any active sentence, period of probation, and post-release supervision, whichever occurs later; (2) the person received a conditional discharge pursuant to GS 14-203.3(b); or (3) participation in the offense was a result of being a trafficking victim under specified statutes or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act. Deletes the requirement that a petition for expunction cannot be filed earlier than three years after the person has served the full sentence imposed on the person. Deletes language that required the district attorney to make his or her best efforts to contact the victim, if any, to notify the victim of the request for expunction prior to the date of the hearing. Makes a clarifying change. Amends requirements, that if met, requires the court to restore the person to the status occupied prior to the arrest or indictment, providing that the petitioner has to remain of good moral character and be free of conviction of any felony or misdemeanor, other than a traffic violation, since the date of the conviction of the prostitution offense in question (previously, required a three year clean period from the date of the conviction).
Amends GS 15A-150(a), providing that the clerk of superior court must file with the AOC, as soon as practicable, the names of persons granted a conditional discharge under GS 14-203.2.
Amends GS 15A-151(a), making conforming changes, adding references to new GS 15A-145.6, which provides for expunction, establishing to whom information about the specified expunctions can be disclosed.
Amends GS 7B-101(1)(d), making a conforming change.
Amends GS 14-208.6(5), GS 90-210.25B(b), and GS 115C-296(d)(2), discarding changes from the previous edition that deleted language referencing repealed sections GS 14-190.18 and GS 14-190.19, now referencing the sections as former GS 14-190.18 and former GS 14-190.19. Makes conforming changes, adding mentally disabled person to references to GS 14-203.5 and GS 14-203.7.
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