Bill Summaries: S594 OMNIBUS JUSTICE AMENDMENTS.

Tracking:
  • Summary date: Jun 30 2014 - More information

    House amendments makes the following changes to the 6th edition:

    Amendment #5

    Changes the long title. 

    Amends GS 14-269(b)(4d), to provide that a justice or judge of the General Court of Justice in North Carolina (was, NC district court judge or superior court judge only) who has a concealed handgun permit issued in accordance with law is exempt from the prohibition of carrying a concealed weapon, provided that the justice or judge will not carry at any time while consuming alcohol or an unlawful controlled substance or while either remains in the person's body. Makes conforming changes. 

    Amends GS 14-415.27 to add justices or judges (replacing language that allowed NC district or superior court judges to carry) to those that may carry a concealed handgun in specified areas.

    Amends GS 14-269.4, weapons on certain state property and in courthouses, to replace language that allowed only NC district or superior court judges to carry a concealed weapon, with language that states any justice or judge of the NC General Court of Justice is allowed to carry a concealed weapon with specified restrictions. 

    Amendment #6

    Adds new language to proposed GS 20-139.1, concerning remote testimony by forensic and chemical analysts, providing that nothing in the proposed language obligates the Administrative Office of the Courts or the State Crime Laboratory to incur expenses related to remote testimony absent an appropriation of funds for that purpose.

    Amendment #8

    Amends GS 14-269 to provide that the prohibition on carrying concealed weapons does not apply to administrative law judges who have a valid concealed handgun permit to those individuals who may carry a concealed handgun in specified areas but prohibits carrying a concealed weapon while consuming alcohol or unlawful controlled substances or while those substances remain in the person's body. 

    Amends GS 14-415.27, adding NC administrative law judges to the list of persons that have an expanded permit scope for concealed weapons (was, any person who is an administrative law judge as described in GS Chapter 7A, Article 60, with specified conditions). 

    Makes technical changes.


  • Summary date: Jun 26 2014 - More information

    House amendments make the following changes to the 6th edition.

    Amendment #1 amends GS 18B-904(e) to add that the North Carolina Alcoholic Beverage Control Commission must immediately suspend permits issued by it for 30 days if (1) Alcohol Law Enforcement agents or local ABC Board officers provide advance notice to the Commission Legal Division staff of the ongoing undercover operation; and (2) upon execution of the search warrant resulting from the undercover operation, five or more persons are criminally charged with violations of the gambling, disorderly conduct, prostitution, controlled substances, or felony criminal counterfeit trademark laws.

    Amendment #3 changes the effective date of the section concerning remote video testimony by forensic and chemical analysts from December 1, 2014, to September 1, 2014.

    Amendment #4 amends GS 15A-1225.3 to clarify that in the first condition to be met in order for an analyst testifying on the results of forensic testing in a criminal proceeding to be able to testify remotely, the report that the state must give to the defendant's attorney, or defendant if there is not an attorney, is the full lab report package provided to the district attorney.


  • Summary date: Jun 26 2014 - More information

    The House committee substitute to the 5th edition makes the following changes.

    Deletes Part I of the act, Increase Penalty for Possession of Firearm by Felon. 

    Makes a clarifying change to GS 14-269(c).

    Amends GS 14-415.27 to add administrative law judges who have a valid concealed handgun permit to those individuals who may carry a concealed handgun in specified areas but prohibits carrying a concealed weapon while consuming alcohol or unlawful controlled substances or while those substances remain in the person's body. 

    Makes the amendments to GS 14-269(b)(7) and GS 14-415.27 effective when the act becomes law (was, effective July 1, 2014).

    Deletes the changes to GS 14-16.6 which increased the punishment levels for assault on executive, legislative, or court officers. Amends GS 14-16.7 to delete the changes that increased the penalties for threats against executive, legislative, or court officers. Deletes the proposed changes to GS 14-2.6, which provided that the categories of punishment for any person who is committed or confined in a state penal institution or local confinement facility and solicits another person to commit a felony outside the facility is guilty of a felony one class lower than the felony the person solicited the person to commit, provided that a solicitation to commit a Class A or Class B1 felony is a Class B2 felony, a solicitation to commit a Class B2 felony is a Class C felony, and a solicitation to commit a Class I felony is a Class 1 misdemeanor. 

    Adds a new Part, Department of Public Safety Mergers, which provides as follows.

    Transfers the State Bureau of Investigation to the Department of Public Safety as a new section in the Law Enforcement Division. Makes conforming statutory changes, recodifications, and repeals. Enacts new GS 143B-926 requiring the Director of the State Bureau of Investigation to be appointed by the Governor for an eight-year term, subject to General Assembly confirmation. If the Governor fails to submit a name for confirmation by the stated deadline, the President Pro Tem. of the Senate and the Speaker of the House are to jointly submit a name to the General Assembly. Specifies the grounds under which the Director may be removed from office and sets out procedures in the case of a vacancy. Despite these requirements, requires the Governor to appoint an acting Director who will serve until a new Director is appointed, by June 1, 2015, for a term ending June 30, 2023. Sets out provisions concerning the transfer of positions and expenditure of funds before the transfer, effective when the act becomes law. Enacts new GS 143B-927 allowing the Director of the State Bureau of Investigation to appoint a sufficient number of assistants; makes the Director responsible for all hiring and personnel decisions.

    Relocates the Alcohol Law Enforcement Section as a branch under the State Bureau of Investigation. Makes conforming statutory changes.

    Requires the Department of Public Safety (DPS) to consolidate ALE and SBI regions and regional offices, with the regional offices operational by October 1, 2014. Specifies three reports that DPS must make on progress in implementing the transfer. 

    Unless otherwise indicated, these transfer provisions are effective July 1, 2014.

    Deletes Part VII, Increase Judge Retirement Age.

    Deletes Part X, Certain Postconviction Proceedings/Provide Files Required to Resolve Issues.

    Deletes Part XI, Venus Flytrap Larceny/Felony.

    Amends GS 14-127.1 (graffiti vandalism) to add that graffiti vandalism also includes performing the prohibited acts on cemetery tombstones and monuments.

    Adds a new Part, Remote Video Testimony by Forensic and Chemical Analysts, which provides as follows. 

    Enacts new GS 15A-1225.3 in Article 73 of GS Chapter 15A. Defines the following terms as they apply to this section: (1) criminal proceeding – any trial or hearing in a prosecution of a person charged with violating a criminal law of North Carolina and any hearing or proceeding under Subchapter II of GS Chapter 7B involving a juvenile alleged to have committed an offense that would be a criminal offense if committed by an adult and (2) remote testimony – a method by which a forensic analyst testifies outside the physical presence of the party or parties and from a location other than the location where the hearing or trial is being conducted.

    Subsection (b) of new GS 15A-1225.3 provides criteria that must be met in order for remote testimony to be permitted in any criminal proceeding regarding the results of forensic testing admissible under GS 8-58.20. Requires that all of the following occur in order for remote testimony to be permitted: (1) the State must provide a copy of the forensics testing report to the attorney of record, or to the defendant if there is no attorney of record, as required by GS 8-85.20(d); (2) the state must notify the attorney of record or the defendant if the person has no attorney, at least 15 business days before the proceeding at which the evidence is to be used, of its intent to introduce the forensic evidence using remote testimony; and (3) the defendant’s attorney of record, or the defendant if that person has no attorney, fails to file a written objection to the introduction of remote testimony with the court, with a copy to the state at least five business days before the proceeding at which the testimony is to be presented.   Requires that the method for the remote testimony authorized under this section allow all parties and the trier of fact to observe the demeanor of the analyst as the analyst testifies. Requires the court to ensure that the defendant’s attorney, or the defendant if that person has no attorney, has a full and fair opportunity to examine and cross-examine the analyst. Specifies that nothing in this section infringes on any party’s right to call any witness.

    Adds new subsection (c5) to GS 20-139.1 to permit remote testimony, as defined and specified in new GS 15A-1225.3, in all administrative hearings and in any court, regarding the results of a chemical analysis of blood or urine admissible under subsection (c1) of this section. Applies the same criteria to the permissibility of remote testimony under GS 20-139.1(c5) as under new GS 15A-1225.3.

    Effective December 1, 2014, and applies to testimony admitted on or after that date.

    Makes conforming changes to the act's title. 


  • Summary date: Jun 19 2014 - More information

    House committee substitute makes the following changes to the 4th edition:

    Changes the short and long titles.

    Deletes all of the provisions in the previous edition in their entirety and replaces it with the following.

    Amends GS 14-415.1(a) to change the penalty for possession of a firearm by a felon, providing that felons who are found in possession of a firearm or weapon of mass death will be treated as a Class F felon (was a Class G felon).

    Amends GS 14-269(b), by enacting new subdivision (7), providing that the prohibition for concealed carry permit holders does not apply to a person employed by the Department of Public Safety (DPS) who has been designated in writing by the Secretary of the Department, has a concealed permit, and possesses  written proof of the designation, provided the person does not carry a concealed weapon while consuming alcohol or other unlawful controlled substance. Effective July 1, 2014.

    Amends GS 14-269(c) to provide that any person violating the prohibition on carrying a concealed pistol or gun found in GS 14-269(a1) will be guilty of a Class A1 misdemeanor for the first offense and a Class H felony for a second or subsequent offense (was, a Class 2 misdemeanor for the first offense and Class I felony for a second or subsequent offense). Effective December 1, 2014.

    Amends GS 14-415.27, expanded permit scope for certain persons to allow employees of DPS with a concealed permit and carrying a designation from the Secretary to carry in areas in GS 14-41511(c). Effective July 1, 2014.

    Amends GS 14-258.1 to provide that knowingly giving or selling a mobile phone or other wireless communications device or component thereof to an inmate in custody of the Division of Adult Correction or in a local confinement facility is guilty of a Class H felony (was, Class 1 misdemeanor). Also enacts new GS 14-258.1(f) providing that an inmate in custody of the Division of Adult Correction or a local confinement facility that is found to be in possession of a mobile telephone or similar wireless device or component is guilty of a Class H felony. Effective December 1, 2014.

    Amends GS 14-16.6, to provide that any person who assaults another person as retaliation against any legislative officer, executive officer, or court officer because of that officer's duties will be guilty of a felony and will be punished as a Class E felon. Also changes the punishment for assaulting a legislative officer, executive officer, or court officer or the residence, office, or transportation of those officers to be treated as a Class E felon (was, Class I). Changes the punishment for committing an offense above with a deadly weapon to a Class D felony (was, Class F).  Inflicting serious bodily harm during the offense will require punishment as a Class C felon (was, Class F). Effective December 1, 2014.

    Amends GS 14-16.7, providing that those who knowingly and willfully make a threat to inflict serious bodily injury or threat to kill another person as retaliation against a legislative officer, executive officer, or court officer because of that officer's duties will be punished as a Class F felon. Also changes the punishment for  those who knowingly and willfully make a threat to inflict serious bodily injury or threat to kill a legislative officer, executive officer, or court officer to punishment as a Class F felon (was, Class I). Also provides that knowingly and willfully depositing in the mail a threat to inflict serious bodily injury or threat to kill another person as retaliation against a legislative officer, executive officer, or court officer or another person in retaliation for those officers' duties will be punished as a Class F felon. Effective December 1, 2014.

    Enacts new GS 14-2.6(a1) to provide that the categories of punishment for any person who is committed or confined in a State penal institution or local confinement facility and solicits another person to commit a felony outside the facility is guilty of a felony one class lower than the felony the person solicited the person to commit, provided that a solicitation to commit a Class A or Class B1 felony is a Class B2 felony, a solicitation to commit a Class B2 felony is a Class C felony, and a solicitation to commit a Class I felony is a Class 1 misdemeanor. Effective December 1, 2014.

    Amends GS 95-111.13, concerning punishments for violations involving amusement devices, increasing the civil monetary penalties for the specified violations. Deletes language which provided for a location notice violation, pursuant to GS 95-111.8. Makes technical changes. Provides for a new civil penalty not to exceed $50,000 and a criminal punishment of a Class E felony when any person willfully commits any violation of this section and causes serious injury or death. Requires, in determining the penalty amount, that the appropriateness of the penalty be considered with respect to the annual gross volume of the business (was, the size of the business). Effective December 1, 2014, applying to offenses and violations committed on or after that date.

    Amends GS 15A-145.5(f), deleting language which exempted fingerprint records from the provisions concerning expunction of misdemeanors and certain felonies.

    Amends GS 7A-4.20 and GS 135-57(b), concerning the age limit for judges or justices of the General Court of Justice, raising the age limit to which any justice or judge can serve to 75 (was, 70). Makes the language gender neutral. Effective December 1, 2014.

     Amends GS 14-415.12A(a) to provide that qualified retired correctional officers are deemed to have satisfied the requirement of completing an approved firearms safety and training course.

    Enacts new GS 14-415.10(4c) to add and define the term qualified retired correctional officer"

    Amends GS 15A-2005, replacing the occurrence of the term "mentally retarded" with "intellectual disability." Also adds new language providing that scoring above an intelligent quotient of 70 does not preclude a defendant from being able to present additional evidence of intellectual disability. Adds other language to conform NC law to the Hall v. Florida Supreme Court decision. Makes technical and conforming changes.

    Amends GS 15A-1415(f), to provide that a defendant can motion and the State can be ordered that necessary files of law enforcement and prosecutorial agencies are available for inspection for postconviction proceedings. Clarifies State responsibility in postconvition proceedings, as far as release of documents, for offenses that occurred prior to December 1, 2004. Effective December 1, 2014, applying to postconviction proceedings commenced by filing on or after that date.

    Enacts new GS 14-429(b) to provide that taking, or aiding in taking or carrying away, a Venus flytrap plant or seed of a flytrap growing on the lands of another person with the intent to steal is a Class H felony.  Effective December 1, 2014, applying to offenses committed on or after that date.

    Enacts new GS 14-127.1 concerning graffiti vandalism, which establishes that engaging in graffiti vandalism on any real property or on any public building or facility or statue or monument in a public place will result in  a minimum of a $500 fine and a required 24 hours of community service. Provides for criminal penalty of a Class I felony if damage exceeds $1,000 or the person has two or more convictions for such vandalism. Provides for the consolidation of multiple graffiti vandalism violations. Defines graffiti vandalism.  Effective December 1, 2014, applying to offenses committed on or after that date.

    Enacts new GS 75-43 (unfair use of criminal record information), which provides that it is an unfair trade practice, as prohibited by GS 75-1.1, to engage in publishing or disseminating photographs of an individual taken pursuant to GS 15A-502(a)(1), 15A-502(a2), or those authorized by GS 15A-502(b) as well as soliciting or accepting a fee or other consideration to remove an individual's photograph. Effective December 1, 2014, applying to violations occurring on and after that date.


  • Summary date: Apr 22 2013 - More information

    Senate amendment #2 makes the following changes to the 3rd edition. Adds the requirement that the Department of Health and Human Services report to the General Assembly by July 1, 2014, on the implementation of the act.


  • Summary date: Apr 17 2013 - More information

    Senate committee substitute makes the following change to the 2nd edition.

    Amends GS 108A-29.1, to provide that DHHS will require that for two parent households, both parents must comply with the drug-testing requirement (previous edition referred to two-parent families).


  • Summary date: Apr 10 2013 - More information

    Senate committee substitute to the 1st edition makes the following changes. Requires that the notice of drug screening given to applicants for or recipients of Work First Program assistance advise that the results of the drug tests will remain confidential and are not released to law enforcement.


  • Summary date: Apr 2 2013 - More information

    Current law requires that an applicant or recipient of Work First Program (WFP)benefits, (1) who has been identified as addicted to alcohol or drugs by a Qualified Professional in Substance Abuse or by a doctor certified by the Society of Addiction Medicine, and (2) who is found to be in need of professional substance abuse services, is required as a condition of receiving WFP benefits to satisfactorily participate in an appropriate treatment program.

    Amends GS 108A-29.1 to delete the current requirements for identification and treatment and to instead require drug screening for each applicant or recipient of WFP assistance. Makes the person who is tested responsible for the cost of the drug screening. Directs the Department of Health and Human Services (DHHS) to provide notice of drug screening to each applicant or recipient and to advise theapplicant or recipient that the drug testing is a condition of receiving WFP assistance. Also specifies that the applicant or recipient be advised that the drug screening may be avoided if the applicant or recipient does not apply for WFP assistance. Provides that dependent children under the age of 18 are exempt from the requirements of this section. Lists additional requirements which DHHS is to enforce under this section.

    Provides that if an individual tests negative for controlled substances that DHHS is to increase the amount of the initial WFP assistance in an amount equal to the cost the applicant or recipient paid for the drug testing. Designates a person who tested positive for controlled substances as ineligible for WFP assistance for one year from the date of the positive drug test, except permits the ineligible person to reapply for WFP if the person can document the successful completion of a substanceabuse treatment program offered byarea mental health authoritiesand licensed by DHHS. Requires that the person reapplying pass a drug test. Provides that the cost of any drug testing and substance abuse program is the responsibility of the person being tested or receiving treatment. Provides additional guidelines regarding ineligibility for persons who test positive for controlled substances more than once.

    Directs the Social Services Commission to adopt rules for the testing of applicants and recipients under this section.

    Deletes provision that permitted the requirements of this section under current law to the waived or modified as necessary in the case of individual applicants or recipients to the degree necessary to comply with Medicaid eligibility provisions.


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