SUPERSEDING ORDERS/DOMESTIC VIOLENCE/ALE. (NEW)

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View NCGA Bill Details2019-2020 Session
Senate Bill 156 (Public) Filed Wednesday, February 27, 2019
AN ACT TO CLARIFY WHEN SUBSEQUENT COURT ORDERS WILL SUPERSEDE SIMILAR PROVISIONS IN DOMESTIC VIOLENCE PROTECTIVE ORDERS; TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO RELOCATE ALCOHOL LAW ENFORCEMENT AS SUITABLE STATE-OWNED PROPERTY IS IDENTIFIED; AND TO DIRECT THE COMMISSION FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES TO EXCLUDE CERTAIN DRUG PRODUCTS FROM SCHEDULING IN THE CONTROLLED SUBSTANCES ACT.
Intro. by J. Jackson, Bishop, Daniel.
Status: Conf Com Appointed (House action) (Jun 26 2020)

SOG comments (3):

Long title change

Submitted by jhenders@sog.unc.edu on

House committee substitute changed the long title. Original long title was AN ACT TO CLARIFY THAT CONDITIONS OF PRETRIAL RELEASE ALSO APPLY TO PRETRIAL DETENTION AND NO-CONTACT PRETRIAL RELEASE CONDITIONS MAY BE SET IMMEDIATELY FOLLOWING ARREST FOR DEFENDANTS CHARGED WITH CERTAIN CRIMES OF DOMESTIC VIOLENCE.

Long title change

Submitted by ddecamillis@sog... on

House committee substitute to the 2nd edition changed the long title.  Previous title was AN ACT TO AUTHORIZE A JUDICIAL OFFICIAL TO ORDER A DEFENDANT NOT TO CONTACT THE VICTIM.

Long title change

Submitted by ddecamillis@sog... on

House committee substitute to the 3rd edition changed the long title. Previous title was AN ACT TO PROVIDE IMMUNITY FOR INSTITUTIONS OF HIGHER EDUCATION FOR CLAIMS RELATED TO COVID-19 CLOSURES FOR SPRING 2020.

Bill History:

S 156

Bill Summaries:

  • Bill S 156 (2019-2020)
    Summary date: Jun 25 2020 - View Summary

    House committee substitute makes the following changes to the 3rd edition. Deletes the content of the 3rd edition and instead provides the following.

    Section 1

    Amends GS 50B-7 to provide that any subsequent order under GS Chapters 50 (Divorce and Alimony) or 110 (Child Welfare) supersedes similar provisions in prior protective orders issued pursuant to GS Chapter 50B (Domestic Violence). 

    Amends GS 50B-2 to require a party seeking relief under the Chapter to disclose in its pleadings or attached affidavit any existing GS Chapter 50, 50B, or 110 orders between the parties. Bars any relief granted under the Chapter in reliance upon that party's pleading or attached affidavit lacking the required disclosures from superseding any similar provision in the prior order(s).

    Applies to orders in effect on or after the date the act becomes law.

    Section 2

    Allows the Department of Public Safety (DPS) to begin to relocate the ALE headquarters and regional office as State-owned space if identified or recurring funds is secured. Until then, requires DPS to continue with the consolidation of ALE and SBE regions and regional offices so that district offices are co-located. Effective when the act becomes law.

    Section 3

    Enacts GS 90-88(j) to require exclusion from any controlled substance schedule a US FDA-approved drug product in finished dosage formulation that contains cannabidiol derived from cannabis with no more than 1/10th of 1% residual tetrahydrocannabinols by weight. Effective August 1, 2020, and applies to offenses committed on or after that date.

    Makes conforming changes to the act's titles.

    Courts/Judiciary, Civil, Civil Law, Family Law, Criminal Justice, Criminal Law and Procedure, Government, State Agencies, Department of Health and Human Services, Department of Public Safety, Health and Human Services, Social Services, Child Welfare
    GS 50B, GS 90
  • Bill S 156 (2019-2020)
    Summary date: Jun 24 2020 - View Summary

    House committee substitute deletes the content of the 2nd edition and now provides the following.

    Enacts GS 116-310. Provides immunity for institutions of higher learning from claims by individuals for certain liabilities related to COVID-19. Includes constituent institutions of UNC, community colleges, and private postsecondary institutions. Except for breaches of express contract provisions, bad faith or malice, the immunized claims must relate to tuition or fees for the spring 2020 semester, and the institution must have offered remote learning options that allowed students to complete their semester credits. Includes six defined terms. Provides a severability clause. Applies retroactively to acts or omissions occurring from the declaration of COVID-19 emergency on March 10, 2020, until June 1, 2020, and to actions started on or after March 27, 2020.

    Makes conforming changes to the act's titles.

    Courts/Judiciary, Civil, Civil Law, Education, Higher Education, Government, Public Safety and Emergency Management, State Agencies, Community Colleges System Office, UNC System
  • Bill S 156 (2019-2020)
    Summary date: Mar 19 2019 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Deletes all provisions of the previous edition. Changes the act's long title and now provides the following.

    Enacts GS 15A-535.5, authorizing a judicial officer to order a defendant to have no contact with the alleged victim of any crime, even prior to the determination of pretrial release conditions. Provides for proper entry of the order and notice to the defendant that any violation of a no-contact order can result in additional criminal charges. Specifies a no-contact order is effective immediately and remains effective until modified or until the final disposition of the criminal charge. Further specifies that the order remains in effect pending appeal of the conviction by the defendant unless the order is modified by a judge. 

    Makes conforming additions and modifications to GS 15A-511, GS 15A-536, and GS 15A-1431.

    Applies to offenses committed on or after December 1, 2019.

    Criminal Justice, Criminal Law and Procedure
    GS 15A
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