Bill Summary for S 801 (2017-2018)

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Summary date: 

May 31 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 801 (Public) Filed Thursday, May 31, 2018
AN ACT TO PROVIDE THAT A PERSON WHO CONTINUES TO ENGAGE IN INTERCOURSE OR A SEXUAL ACT AFTER CONSENT IS WITHDRAWN IS DEEMED TO HAVE COMMITTED THE ACT OF INTERCOURSE OR SEXUAL ACT BY FORCE AND AGAINST THE WILL OF THE OTHER PERSON AND TO INCREASE THE AMOUNT OF STATE FUNDS APPROPRIATED TO THE SEXUAL ASSAULT AND RAPE CRISIS CENTER FUND.
Intro. by J. Jackson.

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Bill summary

Amends GS Chapter 14, Article 7B, adding new section GS 14-27.37, titled "Withdrawal of consent." Provides that a person who initially consents to vaginal intercourse or to a sexual act can withdraw that consent at any time during the course of that sexual act, and that a defendant who continues the vaginal intercourse or sexual act after consent is withdrawn is deemed to have committed that act by force and against the will of the other person. Requires that withdrawal of consent must be clearly communicated in a way that a person knows or should reasonably know consent was withdrawn. Effective December 1, 2018, and applies to offenses committed on or after that date. 

Increases the amount of funds appropriated from the General Fund to the Sexual Assault and Rape Crisis Center Fund to $3 million in recurring funds beginning in the 2018-19 fiscal year, to be used in accordance with the provisions of GS 143B-480.20. Effective July 1, 2018. 

Provides that the provisions of GS 143C-5-2, defining the order of appropriations bills, does not apply to this act.