Bill Summaries: S 445 BURT'S LAW.

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  • Summary date: May 27 2015 - View Summary

    AN ACT TO ENHANCE PROTECTIONS FOR CLIENTS OF FACILITIES WHOSE PRIMARY PURPOSE IS TO PROVIDE SERVICES FOR THE CARE, TREATMENT, HABILITATION, OR REHABILITATION OF INDIVIDUALS WITH MENTAL ILLNESS, DEVELOPMENTAL DISABILITIES, OR SUBSTANCE ABUSE DISORDERS BY INCREASING PUNISHMENTS FOR CLIENT ABUSE, EXPLOITATION, OR NEGLECT; BY IMPOSING A REPORTING REQUIREMENT ON EMPLOYEES AND VOLUNTEERS WHO WITNESS A SEXUAL OFFENSE OR OFFENSE AGAINST MORALITY PERPETRATED AGAINST A CLIENT; AND BY MAKING FAILURE TO REPORT THESE VIOLATIONS A CLASS 1 MISDEMEANOR. Enacted May 26, 2015. Section 2 is effective December 1, 2015. The remainder is effective May 26, 2015.


  • Summary date: May 6 2015 - View Summary

    House committee substitute makes the following changes to the 3rd edition:

    Amends the effective date, providing that changes made to GS 122C-26(5), concerning the powers of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to establish rules for facilities concerning its procedures for the training and record keeping of certain employees and volunteers will become effective when the bill becomes law. Provides that the effective date for changes made to GS 122C-66, concerning penalties for employees or volunteers at facilities that provide services for the care and treatment of persons with mental illness, developmental disabilities, or substance abuse disorders for specified violations are effective December 1, 2015, applying to offenses committed on or after that date. 


  • Summary date: Apr 20 2015 - View Summary

    Senate amendment to the 2nd edition makes the following changes.

    Amends GS 122C-66 to also allow violations of Articles 7A or 26 of GS Chapter 14 to be reported to the appropriate local law enforcement agency in the city or county where the facility serves the client, in addition to the other two specified entities.


  • Summary date: Apr 16 2015 - View Summary

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

    Amends GS 122C-26(5) concerning the powers of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (Commission), making technical changes and providing that the Commission has the authority to establish rules for facilities concerning their procedures for the training and record keeping of employees and volunteers in regards to protections for clients against abuse and exploitation.


  • Summary date: Mar 25 2015 - View Summary

    Substantively identical to H 355, filed 3/25/15.

    Amends GS 122C-66 to provide that an employee or a volunteer at facilities that provide services for the care and treatment of persons with mental illness, developmental disabilities, or substance abuse disorders that knowingly causes pain or injury to a client is guilty of a Class A1 misdemeanor (was, Class 1). Imposes a duty on an employee or volunteer who witnesses or has knowledge of abuse or exploitation of clients to report the violation to designated authorized personnel at the facility.  Makes failure to do so a Class 1 misdemeanor (was, Class 3 misdemeanor punishable only by a fine).

    Imposes a duty on an employee or volunteer at a facility who witnesses a client become the victim of a sexual offense or offense against morality (a violation of Article 7A or Article 26 of GS Chapter 14) to report the allegations within 24 hours after witnessing the violation to the department of social services in the county where the facility serves the client and to the district attorney in the district where the facility serves the client. Makes a violation of this provision a Class A1 misdemeanor. Prohibits harassing or threatening of an employee making a report by any other employee or volunteer. Provides that except for violations of the requirement to report violations of Article 7A or Article 26 of GS Chapter 14, as provided for in (b1) of GS 122C-66, the facility is to investigate or provide for investigation of reports made under this section. Directs the county department of social services and the district attorney to investigate reports made under subsection (b1) or to provide for the investigation of such reports.

    Effective December 1, 2015, and applies to offenses committed on or after that date.