AN ACT TO UPDATE THE GENERAL STATUTES OF NORTH CAROLINA WITH PEOPLE FIRST LANGUAGE BY CHANGING THE PHRASE "MENTAL RETARDATION" TO "INTELLECTUAL DISABILITY" IN CERTAIN SECTIONS AND TO MAKE OTHER PEOPLE FIRST LANGUAGE AMENDMENTS AND TECHNICAL AMENDMENTS IN THOSE SECTIONS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. Enacted June 22, 2018. Sections 1 and 2 are effective October 1, 2018. Sections 3, 4, 5, and 8 are effective December 1, 2018. The remainder is effective June 22, 2018.
Bill Summaries: S768 PEOPLE FIRST LANGUAGE 2018.
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Tracking:
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Bill S 768 (2017-2018)Summary date: Jun 25 2018 - View Summary
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Bill S 768 (2017-2018)Summary date: Jun 13 2018 - View Summary
House amendment to the 2nd ed. revises the bill as follows.
Amends GS 14-27.20(2) by adding to the definition of mentally incapacitated a victim who has been provided a poisonous or controlled substance without the victim’s knowledge or consent.
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Bill S 768 (2017-2018)Summary date: Jun 5 2018 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 168A-3, which contains the definitions used in GS Chapter 168A to define physical or metal impairment, in addition to the existing definition, to include any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability (previously did not include psychological disorder and emotional or mental illness).
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Bill S 768 (2017-2018)Summary date: May 29 2018 - View Summary
Identical to H 1021, filed 5/24/18.
Amends GS 1-301.2, GS 35A-1101, GS 35A-1202, GS 35A-1241, GS 35A-1245, GS 90-275, and GS 7B-111 by changing the the phrase "mental retardation" to "intellectual disability" and making additional clarifying changes. Effective October 1, 2018, and applies to proceedings commenced on or after that date.
Amends GS 8C-1 (Rule 616) and GS 15A-1225.2 by changing the the phrase "mental retardation" to "intellectual disability" and making additional clarifying changes. Effective December 1, 2018, and applies to hearings or trials commenced on or after that date.
Amends GS 14-27.20, GS 14-27.22, GS 14-27.27, GS 14-27.33, GS 14-205.1, GS 14-205.2, GS 14-205.3, GS 14-208.6, GS 15-144.1, GS 15-144.2, GS 15A-290, GS 115C-270.35, GS 14-32.1, GS 15A-266.3A, and GS 15A-266.4 by changing the phrase "mental retardation" to "intellectual disability," referring to disabilities that individuals have instead of referring to individuals as disabled, replacing "handicapped person" with "an individual with a disability," and making additional clarifying changes. Makes language gender-neutral. Makes additional technical and organizational changes. Effective December 1, 2018, and applies to hearings or trials commenced on or after that date.
Amends GS 15A-2000, by replacing "mental retardation" with "intellectual disability," making language gender-neutral and making additional clarifying changes. Effective December 1, 2018, and applies to hearings or trials commenced on or after that date.
Amends GS 58-32-10, GS 62-289.3, GS 143B-152.14, and GS 153A-247 by replacing the term "mental retardation" with "developmental disabilities." Makes language gender-neutral. Makes additional clarifying changes.
Amends GS 58-51-25, GS 58-51-35, GS 58-51-40, GS 58-65-2, GS 58-65-65, and GS 58-67-171 by replacing the term "mental retardation or physical handicap" with "intellectual or physical disability." Makes language gender-neutral and makes additional technical and clarifying changes.
Amends GS 110-20.1 by replacing the term "mentally ill or mentally retarded" with "having a mental illness or intellectual disability." Makes additional clarifying and technical changes. Effective December 1, 2018, and applies to offenses committed on or after that date.
Amends GS 115C-106.3 to replace the term "mental retardation" with "intellectual disability" and make additional clarifying, technical, and organizational changes.
Amends GS 130A-399 and GS 130A-415 by referring to disabilities that individuals have instead of referring to individuals as disabled and to make other clarifying changes.
Amends GS 143-282, GS 159-40, GS 168-21, and GS 168A-3 by referring to disabilities that individuals have instead of referring to individuals as disabled and replacing "feebleminded" and "mental retardation" with "intellectual disability." Makes additional clarifying and organizational changes.