AN ACT TO AMEND THE LAW REGARDING SEX OFFENDERS ON CERTAIN PREMISES TO ADDRESS THE RULING IN DOE V. COOPER. Enacted July 21, 2016. Effective September 1, 2016.
Bill Summaries: H1021 AMEND SEX OFFENDER CERTAIN PREMISES (NEW).
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Tracking:
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Bill H 1021 (2015-2016)Summary date: Jul 28 2016 - View Summary
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Bill H 1021 (2015-2016)Summary date: Jun 23 2016 - View Summary
House amendment makes the following changes to the 5th edition. Amends GS 14-208.18 to also prohibit a registered sex offender from being on the Western North Carolina Agricultural Center grounds during the period of time each year that the North Carolina Mountain State Fair is conducted and on any other fairgrounds during the period of time that an agricultural fair is being conducted.
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Bill H 1021 (2015-2016)Summary date: Jun 21 2016 - View Summary
Senate committee substitute makes the following changes to the 4th edition.
Amends the short and long titles.
Deletes all of the provisions of the previous edition and replaces them with the following.
Amends GS 14-208.18, concerning the unlawful presence of sex offenders on specified premises, adding new language that provides that the limitations on presence apply to any place where minors frequently congregate, including, but not limited to, libraries, arcades, amusement parks, recreation parks, and swimming pools, when minors are present (previously, provision included a broad limitation on any place where minors gathered for regularly scheduled educational, recreational, or social programs). Adds a new provision prohibiting sex offenders from being on State Fairgrounds during the time of year when the State Fair is conducted.
Amends subsection (c) providing which limitation in GS 14-208.18(a) is applied to specific sex offenders, providing that limitations concerning premises of any place for the care or supervising children, any place where minors frequently congregate, or the State Fair apply to offenders whose victim was younger than 18 years old (was, 16 years old) or the offense violated Article 7B or federal law or an offense in another state that is substantially similar. Further adds new subdivision (c)(2) specifying which sex offenders are subject to the 300-foot rule for specified premises where minors are located, providing that it applies to the sex offender if the victim of the offense was under 18 years old at the time as well as those offenders that had been convicted of similar offenses in other states or a federal offense where it has been determined they may present a danger to minors under 18. With the new language and changes, makes sex offenders whose victims were under 18 years old subject to all the premise limitations under GS 14-208.18.
Includes language concerning the enactment of these provisions and applicability in case any provisions are held to be unconstitutional depending on how contemporary cases are resolved. If either or both specified decisions are stayed or overturned by a higher court of appeals, then the relevant portion of the prior version of the statute would again become effective.
Effective September 1, 2016, applying to offenses committed on or after that date.
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Bill H 1021 (2015-2016)Summary date: May 16 2016 - View Summary
House amendment makes the following change to the 2nd edition.
Amends GS 15A-1460 to enact new subsection (3a) to define the term formal inquiry to mean the stage of an investigation when the Commission has entered into a signed agreement with the original claimant and the Commission has made efforts to notify the victim, as the term applies to Article 92 of GS Chapter 15A (provisions governing the North Carolina Innocence Inquiry Commission).
Changes the effective date of the act to August 1, 2016 (was, December 1, 2016), and provides that the act applies to any claim filed on or after that date and any claim pending on that date (was, applies to claims of factual innocence made on or after the effective date). Also provides that nothing in the act abates a claim filed prior to the effective date or invalidates any action taken on a claim prior to the effective date.
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Bill H 1021 (2015-2016)Summary date: May 12 2016 - View Summary
House committee substitute makes the following changes to the 1st edition.
Adds any Class A through E felony to a claim of factual innocence that may be made directly by a claimant under GS 15A-1467.
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Bill H 1021 (2015-2016)Summary date: May 3 2016 - View Summary
Amends GS 15A-1465(a) to require the North Carolina Innocence Inquiry Commission (Commission) Director to report, and establish procedures for Commission staff to report, administrative details, to the Director of the Administrative Office of the Courts.
Amends GS 15A-1467 concerning claims of innocence, waiver of convicted person's procedural safeguards and privileges, formal inquiry, and the notification of the crime victim under Article 92 of GS Chapter 15A. Establishes that a claim of factual innocence for any conviction may be referred to the Commission by any court, a state or local agency, or a claimant's counsel (currently, there is no clarification that a claim of factual innocence may be made for any conviction, and currently, a claimant may also refer a claim of factual innocence to the Commission). Allows a claim of factual innocence for convictions of homicide pursuant to Article 6 of GS Chapter 14, robbery pursuant to Article 17 of GS Chapter 14, and any offense requiring registration pursuant to Article 27A (Sex Offender and Public Protection Registration Programs) of GS Chapter 14 to be made directly by the claimant. Provides that a claimant who received notice pursuant to new subsection (c1) of this statute and did not make a claim of factual innocence is barred from investigation of a claim of factual innocence by the Commission absent a showing of good cause and approval of the Commission Chair. Establishes that the waiver of the claimant's procedural safeguards and privileges under subsection (b) of this statute cannot be construed to be a waiver of the convicted person's right to be heard by the court before the court issues any protective order regarding any portion of the investigative file relating to the convicted person's claim of factual innocence. Provides that if counsel does not represent the convicted person, the Commission Chair must determine the convicted person's indigency status and, if appropriate, enter an order for the appointment of counsel by Indigent Defense Services (currently, does not designate Indigent Defense Services to appoint counsel) for the purpose of advising on the agreement, and if the convicted person has requested a specific attorney with knowledge of the case, the Director must inform Indigent Defense Services of that request for its consideration. Adds new subsection (c1) to this statute to provide for notice to each co-defendant of a claim of factual innocence whose formal inquiry has been granted and that the co-defendant will be barred from future investigation by the Commission if the co-defendant does not file a claim of factual innocence within 60 days from the receipt of the notice. Adds new subsection (c2) to require the Director to provide a confidential case status update, including a summary of any actions taken since the last update, for each case in formal inquiry to the District Attorney, the convicted person, or counsel, if any, and referring counsel, if any, at least once every six months.
Amends GS 15A-1468 to add a new subsection (f) to establish that at any point in the formal inquiry regarding a claim of factual innocence, the District Attorney and the convicted person or the convicted person's counsel may agree that there is sufficient evidence of factual innocence to merit judicial review by the three-judge panel and bypass the eight-member panel. Requires the Director and the Chair of the Commission to be notified in writing of any such agreement made under this subsection. Amends GS 15A-1469 to allow for a three-judge panel to be appointed by the Chief Justice if the Commission concludes, or the parties agree under new subsection (f) of GS 15A-1468, that there is sufficient evidence of factual innocence to merit judicial review. Similar to GS 15A-1467(b), as amended, requires the senior resident superior court judge to determine the convicted person's indigency status and, if appropriate, enter an order for the appointment of counsel by Indigent Defense Services (currently, does not designate Indigent Defense Services to appoint counsel), and that if the convicted person has requested a specific attorney with knowledge of the case, the Director shall inform Indigent Defense Services of that request for its consideration.
Amends GS 15A-1471 to add a new subsection (b1) to require the Commission to notify the District Attorney, or designee, and the convicted person, or counsel, before requesting any protective order regarding any portion of the investigative file relating to the convicted person's claim of factual innocence, and provides that the District Attorney, or designee, and the convicted person, or counsel, must be given the right to be heard by the court before the court issues a protective order regarding any portion of the investigative file relating to the convicted person's claim of factual innocence.
Effective December 1, 2016, and applies to claims of factual innocence made on or after that date.