AN ACT TO CLARIFY THAT UPON CONVICTION FOR EXPLOITATION OF AN OLDER ADULT OR DISABLED ADULT, ANY SEIZED ASSETS SHALL BE USED TO SATISFY THE DEFENDANT'S RESTITUTION OBLIGATION AS ORDERED BY THE COURT. Enacted August 5, 2015. Effective October 1, 2015.
Summary date: Aug 10 2015 - More information
Summary date: Jul 22 2015 - More information
Senate amendment makes the following changes to the 3rd edition.
Deletes proposed GS 14-112.3(e3), which required that when event proceeds from the sale, transfer, or conversion of assets were not sufficient to cover restitution and costs assigned to the defendant, any unpaid amounts be charged against the defendant and a criminal judgment be placed against the defendant for those amounts.
Summary date: Jul 21 2015 - More information
Senate committee substitute makes the following changes to the 2nd edition.
Amends GS 14-112.3, concerning assets involved in a violation of GS 14-112.2, exploitation of an older adult or disabled adult, adding an additional requirement that, for freeze or seizure of assets orders, a return of service must be filed with the clerk of superior court by the State or the law enforcement agency with the inventory of items seized. Also sets out requirements for listing certain assets depending on if they are financial assets or real property. Also makes clarifying changes to freeze or seizure order requirements concerning the location of an asset in multiple counties. Provides that alternative means of restitution can be accepted if the defendant can satisfy the restitution order within the period of time designated by the court (previously, allowed alternative means of restitution if the defendant could satisfy the order at the time the order is entered). Amends the procedures for the handling of seized or frozen assets for the satisfaction of an order of restitution, requiring liquid assets to be disposed of in accordance with the court order (previously, specified that liquid assets should be paid to the victim as stated) and setting out procedures for assets that are held by financial institutions, including directing the payment of such funds to the clerk in the amount specified in the order. Further requires law enforcement agencies to submit an accounting of personal property sold or liquid assets seized to the clerk of superior court. Adds additional provisions specifying procedures for when the proceeds from the sale, transfer, or conversion of seized or frozen assets do not cover restitution or other costs, including charging unpaid amounts against the defendant and placing a criminal judgment against the defendant for those amounts. Also provides that fees or other expenses incurred by the State or county agency in administering the freeze or seizure provisions of this section are only recoverable as provided in GS 14-112.3(e1)2 (previously, only allowed recovery of such fees and expenses if they were charged against the defendant in final disposition of the criminal action).
Makes various technical and clarifying changes.
Summary date: Apr 21 2015 - More information
House committee substitute makes the following changes.
Deletes all provisions of the previous edition and replaces it with the following.
Amends GS 14-112.3, concerning assets involved in a violation of GS 14-112.2, exploitation of an older adult or disabled adult, as follows. No longer requires an application to the court to freeze or seize the assets of a defendant who appears to be about to divest him- or herself of assets so as to render the defendant insolvent for purposes of restitution to be made to the court with jurisdiction over the pending charges.
Adds that an order to freeze or seize assets must direct the order to be served as provided for under three specified provisions depending on the type of asset.
Requires personal property seized under the statute to be recorded and retained, but prohibits disposing of the property other than as provided for in the court order. Specifies actions that the law enforcement agency may take concerning frozen or seized property.
Requires the court to deny a motion to release assets if the court finds that the defendant is about to, intends to, or did divest him- or herself of assets in a way that would render the defendant insolvent for purposes of restitution.
Provides that if the prosecution of the charge under GS 14‑112.2 is terminated by voluntary dismissal without leave by the State or the court, or if a judgment of acquittal is entered, the court must vacate the order to freeze or seize the assets, and adds that if assets are released, accrued costs incident to the seizure, freeze, or storage of the assets must not be charged against the defendant and must be assumed by the agency.
Provides that if a defendant is convicted or enters a plea of no contest, any frozen or seized assets must be used to satisfy restitution, but allows the court to accept an alternate form of restitution if the defendant can satisfy the restitution order at the time the order is entered. Specifies procedures concerning satisfying an order of restitution.
Prohibits waiving any filing or service fees or any other money due to a state or county agency for the administration or use of GS Chapter 14 and provides that they are recoverable if charged against the defendant in the final disposition of the criminal matter.
Amends GS 1-116 to require any person who wants constructive notice of pending litigation concerning actions for asset freezing or seizure under GS 14-112.3 to file a separate, independent notice.
Amends GS 1-119 to make a notice of lis pendens filed pursuant to GS 1‑116(a)(5) (as provided for in the above paragraph) effective until the order to freeze or seize assets is terminated or an order directing the sale of real property under GS 14-112.3(e1)(1)c. is entered. Also makes this notice of lis pendens exempt from filing fees.
Amends GS 7A-308 to add that recording or docketing fees are not to be charged when the service is performed or documents are filed pursuant to GS 14-112.3.
Effective October 1, 2015, and applies to orders to freeze or seize assets issued on or after that date.
Summary date: Mar 30 2015 - More information
Amends GS 14-112.3, as the title indicates.
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