Bill Summaries: S 141 LAW ENFORCEMENT/VARIOUS OTHER CHANGES (NEW).

Tracking:
  • Summary date: Jul 17 2012 - More information

    AN ACT TO CREATE NEW FIRST DEGREE TRESPASS OFFENSES, TO MAKE VARIOUS CHANGES REGARDING THE PROCEDURES FOR A MOTION FOR APPROPRIATE RELIEF, TO AMEND THE PROCEDURE FOR IMMEDIATE LICENSE REVOCATIONS FOR PROVISIONAL LICENSEES CHARGED WITH CERTAIN CRIMINAL MOVING VIOLATIONS, TO CLARIFY THAT CERTAIN CHANGES TO PAYABLE ON DEATH CONTRACTS DID NOT CHANGE THE PROCEDURES FOR CREATING THOSE CONTRACTS, TO ESTABLISH A RESEARCH AND PLANNING SECTION WITHIN THE DEPARTMENT OF PUBLIC SAFETY, TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO DESIGNATE ITS RESEARCH AND PLANNING SECTION AS THE SINGLE STATE AGENCY RESPONSIBLE FOR THE COORDINATION AND IMPLEMENTATION OF REENTRY POLICY INITIATIVES, TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO CONTINUE ITS EFFORTS TO ASSIST OFFENDERS IN SUCCESSFULLY REENTERING SOCIETY, AND TO EXTEND THE TIME FOR LOCAL FORENSIC SCIENCE LABS TO OBTAIN ACCREDITATION AND FOR CERTAIN FORENSIC SCIENTISTS TO OBTAIN CERTIFICATION. Summarized in Daily Bulletin 6/19/12, 6/27/12, and 6/28/12. Enacted July 12, 2012. Section 1 is effective September 1, 2012. Section 2 is effective December 1, 2012. Section 3 is effective October 1, 2012. The remainder is effective July 12, 2012.


  • Summary date: Jun 28 2012 - More information

    House amendments make the following changes to 4th edition. Amendment #2 rewrites proposed GS 20-13.3(d2) to provide that a hearing before a judge when a provisional licensee contests the validity of a revocation must be held within 10 (was 5) working days after the written request for a hearing.
    Amendment #3, effective June 1, 2012, rewrites section 4 of SL 2011-19, as amended by section 8 of SL 2011-307, to extend from June 1, 2012, to January 1, 2013, or as soon as practicable after that, the date within which Forensic Scientists I, II, and lII, and forensic science supervisors and managers (was, forensic science professionals) at the State Crime Laboratory must obtain certification if certification is available. Also rewrites title of the bill to add a reference to this change.


  • Summary date: Jun 27 2012 - More information

    House committee substitute makes the following changes to 3rd edition.
    Changes the bill title to delete reference to increasing the benchmark for publically bidding lottery commission contracts and modifying lottery commission conflicts of interest provisions and adds reference to establishing a Research and Planning Section within the Department of Public Safety, designating the Section to be responsible for reentry policy initiatives, directing the Department to continue assisting offenders in reentry, and extending time for forensic sciences labs to obtain accreditation.
    SECTION 1. Same as 3rd edition except: (1) changes punishment for offense under GS 14-159.12(c) from a Class I felony to a Class A1 misdemeanor; (2) deletes dam or reservoir used by an electric power supplier to generate hydroelectric power from list of premises the offense applies to; (3) rewrites subdivision (c)(2) to include actually entering a building or climbing over, going under, or otherwise surmounting a fence or other barrier to reach a facility to the elements of the offense; (4) deletes offense being committed by three or more persons acting in concert as one of the elements that elevates the offense to a Class H felony; (5) adds a new subsection (e) to define the term “facility” as meaning a building or other infrastructure; and (6) renumbers subsections accordingly and makes other technical conforming changes.
    SECTION 2.(a). Same as 3rd edition except changes title of GS 15A-1413 to include assignment of motions for appropriate relief and deletes provision in subsection (e) requiring a motion for appropriate relief be assigned for review to the original presiding judge when practicable.
    SECTION 2.(b). Same as 3rd edition except: (1) amends GS 15A-1420 to delete requirement in subsection (a)(2) that when a written motion for appropriate relief is made more than ten days after entry of judgment, service of the motion and a notice of hearing must be made not less than five working days before the date of the hearing; (2) revises subsection (b2)(1) to clarify that the senior resident superior court judge assigns motions for appropriate relief for initial review (was resident superior court judge); (3) adds new subdivision (b2)(4) to provide that time periods for evidentiary hearings and other procedural matters are calculated from the date of appointment of counsel when counsel is appointed and are extended for an additional 60 days; (4) adds new subdivision (b2)(5) incorporating time periods for notice of date of hearing and ruling on the motion previously contained in subdivision (b2)(3) and adds requirement that notice must be provided to the state and the defendant or defendant’s counsel; and (5) renumbers subdivisions within subsection (b2) accordingly and makes other technical conforming changes.
    SECTION 3. Same as 3rd edition except changes term “citation” in GS 20-13.3(c) to “charge.”
    SECTION 4. Deletes amendments to GS 18C-151, which increased the benchmark for publically bidding lottery commission contracts and modified the Lottery Commission conflict of interest provisions, and instead inserts language from Sec. 5 in 3rd edition providing that certain changes to payable on death contracts did not change procedures for creating those contracts.
    SECTION 5.(a). New provision repeals GS 148-77, which established within the Division of Adult Correction of the Department of Public Safety organizational units responsible for statistics, research, and planning.
    SECTION 5.(b). New provision amends GS 143B-600(a) to establish a Research and Planning Section within the Department of Public Safety and charges the Section with the responsibility for statistics, research, and planning for programs within the department and serving as the single agency for coordinating and implementing ex-offender reentry initiatives.
    SECTION 5.(c). New provision directs the Department of Public Safety Research and Planning Section to work with local communities to form between three and ten local reentry councils to develop local reentry plans and to form a state-level advisory group.
    SECTION 6. New provision extends the accreditation deadline for laboratories conducting forensic or chemical analysis for admission in state courts, other than the NC State Crime Laboratory, to July 1, 2013 (was October 1, 2012).
    SECTION 7. Same as Section 6 in 3rd edition except makes Section 3 of the bill (concerning license revocation) effective October 1, 2012 (was, December 1, 2012), and applies to offenses committed on or after that date.


  • Summary date: Jun 19 2012 - More information

    House committee substitute makes the following changes to 2nd edition.
    Deletes all provisions in previous version and replaces them with AN ACT TO CREATE NEW FELONY FIRST DEGREE TRESPASS OFFENSES, TO MAKE VARIOUS CHANGES REGARDING THE PROCEDURES FOR A MOTION FOR APPROPRIATE RELIEF, TO AMEND THE PROCEDURE FOR IMMEDIATE LICENSE REVOCATIONS FOR PROVISIONAL LICENSEES CHARGED WITH CERTAIN CRIMINAL MOVING VIOLATIONS, TO INCREASE THE BENCHMARK FOR PUBLICLY BIDDING LOTTERY COMMISSION CONTRACTS, TO MODIFY THE LOTTERY COMMISSION CONFLICT OF INTEREST PROVISIONS, AND TO CLARIFY THAT CERTAIN CHANGES TO PAYABLE ON DEATH CONTRACTS DID NOT CHANGE THE PROCEDURES FOR CREATING THOSE CONTRACTS.
    Current law makes first degree trespass a Class 2 misdemeanor. Amends GS 14-159.12 to make first degree trespass a Class I felony when committed on the premises of any of the following: (1) a facility owned or operated by an electric power supplier that is one of five specified types of facilities, (2) a dam or reservoir used to generate hydroelectric power, (3) a facility using water in a described manner for a public water system, or (4) a facility owned or operated by a natural gas local distribution company or related entity. Makes first degree trespass a Class H felony if one of the previously listed elements exists and the offense (1) is committed with the intent to disrupt the facility’s operation, (2) involves risk of serious bodily injury, or (3) is committed by three or more people acting in concert. Applies to offenses committed on or after September 1, 2012.
    Amends GS 15A-1413 (concerning trial judges’ authority to act on motions for appropriate relief) to allow a senior resident superior court judge or chief district court judge discretion when assigning a motion for appropriate relief. Specifies that the motion must be assigned to the judge who presided at the trial or otherwise handled the case when possible. Makes conforming changes to GS 15A-1413 and GS 15A-1420. Amends GS 15A-1420 to set out the procedure and timeline to assign, review, and rule on a motion for appropriate relief in noncapital cases. Authorizes the court to grant an extension of time, up to 30 days, to comply with any requirement related to motions in noncapital cases. Requires in capital cases that the judge review the motion and enter an order directing the State to file its answer within 60 days of the date of the order. Requires the calendaring of the case for a hearing, if necessary, without unnecessary delay. Specifies that the parties may enter into an agreement for appropriate relief, including an agreement as to any aspect, procedural or otherwise, of a motion for appropriate relief. Applies to motions for appropriate relief filed on or after December 1, 2012.
    Requires a law enforcement officer, where no initial appearance is required on the criminal moving violation when the citation is issued, to verbally notify the provisional licensee that the permit or license is subject to revocation and provide written notice of the revocation and hearing process (currently requires officer to execute report and take licensee before judicial official if permit or license is subject to revocation). Enacts new subsection (d1) to GS 20-13.3 to detail the procedure applicable when a revocation report is filed with the clerk of superior court and the provisional licensee is not present. Enacts new subsection (d2) to detail the hearing required before a magistrate or judge when the provisional licensee contests the validity of the revocation. Requires the judicial official to also personally inform the licensee of the right to such hearing when the report is filed and the licensee is present. Specifies the appropriate judicial official to receive the filed report. Makes conforming and clarifying changes. Applies to offenses committed on or after December 1, 2012.
    Amends GS 18C-151 (concerning Lottery Commission contracts) to require contracts for $300,000 (was, $90,000) or more to meet the specified conditions. Clarifies the term shareholders in relation to awarded contracts.
    Amends SL 2011-236 (concerning payable on death accounts) to clarify the procedure for entering such agreements, following the enactment of that law.


  • Summary date: Apr 13 2011 - More information

    Senate committee substitute makes the following changes to 1st edition. Amends GS 14-269 to limit the exemption to the prohibition on carrying a concealed weapon to those district attorneys, assistant district attorneys, and investigators employed by a district attorney’s office who have a concealed handgun permit (deletes provision extending the exemption to those that are certified as having completed a basic law enforcement training course), and prohibits these exempted individuals from carrying a concealed weapon in a courtroom. Requires the district attorney, assistant district attorney, or investigator to secure the weapon in a locked compartment when the individual is not carrying the weapon. Makes technical changes.


  • Summary date: Feb 24 2011 - More information

    Enacts new subsection (4a) to GS 14-269 (carrying concealed weapons) to exempt from the prohibition against carrying a concealed weapon any person who is a district attorney, assistant district attorney, or an investigator employed by a district attorney’s office and who either (1) has a concealed handgun permit under Article 54B of GS Chapter 14 or under GS 14-415.24 (out-of-state permits) or (2) has completed a basic law enforcement training certification course, as defined. Specifies that the exemption does not apply when the person consumes alcohol or an unlawful controlled substance or when either remains in the person’s body.
    Enacts new GS 14-415.27 in Article 54B of GS Chapter 14 to exempt a person who is a district attorney, an assistant district attorney, or an investigator employed by the district attorney’s office and who has a valid concealed handgun permit under state law or under GS 14-415.24 (out-of-state permits) from the restrictions and prohibitions in GS 14-415.11(c) (listing specific areas and facilities, including state and federal offices, in which a concealed handgun is prohibited). Allows the person to carry a concealed handgun in the areas listed in GS 14-415.11(c), unless otherwise prohibited by federal law. Makes a conforming change to GS 14-415.11(c) and GS 14-269(a1)(2) (excepting certain persons from the concealed pistol or gun prohibition).


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