AN ACT TO MAKE CERTAIN MODIFICATIONS TO THE GENERAL STATUTES IN ORDER TO FACILITATE IMPLEMENTATION OF THE LEGISLATION KNOWN AS RAISE THE AGE. SL 2019-186. Enacted August 1, 2019. Effective December 1, 2019.
Summary date: Aug 5 2019 - More information
Summary date: Jul 10 2019 - More information
House committee substitute to the 2nd edition makes the following changes.
Amends the proposed changes to the definition of delinquent juvenile set forth in GS 7B-1501 and GS 143B-805 to exclude all violations of motor vehicles laws under GS Chapter 20, rather than only misdemeanor and infraction violations of the motor vehicle laws.
Recodifies GS 20-106, which establishes receiving or transferring stolen vehicles as a Class H felony, as GS 14-71.2 (previously, repealed GS 20-106).
Eliminates the proposed changes to GS 7B-1604. Instead amends the statute to mandate prosecution of a juvenile as an adult for any criminal offense the juvenile commits after a district or superior court conviction if either (1) the juvenile has previously been transferred to and convicted in superior court or (2) the juvenile has previously been convicted in either district or superior court for a felony or a misdemeanor, excluding motor vehicle misdemeanor or infraction violations, but including convictions for impaired driving offenses.
Adds to proposed GS 15A-145.8, regarding expunction of records when charges are remanded to district court for juvenile adjudication. Sets forth further procedures, now requiring the NC State Crime Lab to purge related DNA records and all other identifying information from the State DNA Database and DNA samples stored in the State DNA Databank upon receipt of an order of expunction of DNA records entered pursuant to subsection (b); excludes other offenses committed by the individual that qualify for inclusion in the State DNA Database and the State DNA Databank. Requires the State Crime Lab to notify the defendant and the defendant's attorney by letter, documenting the expungement and destruction of the sample. Additionally, adds a new requirement for the clerk to notify State and local agencies of the court's expungement order as specified under state law and forward the order to the Administrative Office of the Courts. Makes a technical correction.
Summary date: May 2 2019 - More information
Senate amendment #1 makes the following changes to the 1st edition. Deletes proposed GS 7B-1901, which provided that any person who takes an individual who is 18 years or older into temporary custody for an offense committed when the individual was a juvenile must proceed under the provisions of GS Article 23, Police processing and duties upon arrest, Subchapter V, GS Chapter 15A. Instead, requires a person who takes an individual who is 21 or older into temporary custody for an offense committed when the individual was a juvenile to proceed in accordance with GS Chapter 7B. If secured custody is ordered for a person 21 or older who falls within the court's jurisdiction, under GS 7B-1601(d) or (d1), the order must designate that the person is to be temporarily detained in the county jail where the charges arose.
Summary date: Mar 28 2019 - More information
Amends the definition of delinquent juvenile set out in GS 7B-1501(7) (applicable to provisions governing undisciplined and delinquent juveniles) and GS 143B-805(6) (applicable to the general provisions governing the Division of Adult Correction and Juvenile Justice (Division) of the Department of Public Safety) to more specifically exclude from the term juveniles less than 18 but over 16 years of age who commit any misdemeanor or infraction violation of the motor vehicle laws under GS Chapter 20 (previously, excludes the described juveniles who commit violations of motor vehicle laws).
Amends GS 7B-1604(b) concerning limitations on juvenile court jurisdiction. Now provides for a juvenile who has previously been convicted in either district court or superior court for a felony or misdemeanor, including an offense involving impaired driving, to be prosecuted as an adult for any criminal offense the juvenile commits after the district or superior court conviction. Excludes violations of motor vehicle laws, which were previously included.
Amends GS 7B-1702, by limiting the requirement for the juvenile court counselor to conduct a gang assessment for juveniles who are 12 years and older.
Amends GS 7B-1901, establishing that any person who takes an individual who is 18 years or older into temporary custody for an offense committed when the individual was a juvenile must proceed under the provisions of GS Article 23, Police processing and duties upon arrest, Subchapter V, GS Chapter 15A.
Amends GS 7B-1903, now providing that when secure custody is ordered for any person 18 years or older who falls within the jurisdiction of the court, the order can designate that the person be temporarily detained in the jail of the county where the charges arose. Makes conforming changes to reflect this change in GS 7B-1905. Further amends GS 7B-1905, removing the requirement for juveniles being temporarily detained in an approved detention facility to be separate from any jail, lockup, prison, or other adult penal institution. Now specifies that it is unlawful for a sheriff (was county) or any governmental unit to operate a juvenile detention facility that does not meet the standards and rules adopted by the Department of Public Safety (DPS) and has been approved by the Juvenile Justice Section (Section) of the Division for operation as a juvenile detention facility (no approval previously required).
Amends GS 7B-1906 to require further hearings for secured custody to be held at intervals of no more than 30 calendar days for a juvenile who was 16 years old or older at the time the juvenile allegedly committed an offense that would be a Class A through G felony if committed by an adult. Permits further hearings to be waived with consent of the juvenile through the juvenile's counsel. Provides for further hearings to be held at intervals of 10 days upon request of the juvenile through the juvenile's attorney and for good cause as determined by the court. Makes conforming changes.
Amends GS 7B-2200.5, concerning transferring jurisdiction of a juvenile to superior court if the juvenile was 16 years old or older at the time the juvenile allegedly committed an offense that would be a Class A through G felony if committed by an adult. Current law requires either notice to the juvenile and a finding by a bill of indictment against the juvenile of such an offense, or notice and a probable cause hearing finding probable cause the juvenile committed such an offense in order to transfer jurisdiction. Establishes a time period within which the probable cause hearing must be held, requiring the hearing to be conducted within 90 days of the date of the juvenile's first appearance; however, allows the court to continue the probable cause hearing for good cause. Additionally, requires the court to remand a transferred case to district court and expunge the superior court record upon joint motion of the prosecutor and the juvenile's attorney. Makes conforming changes to GS 7B-2202, which requires a probable cause hearing for felony juvenile cases to be conducted within 15 days of the date of the juvenile's first appearance.
Amends GS 7B-2204 to require that personnel of the Section or personnel approved by the Section transport juveniles from the detention facility to court pending release following transfer and from the holdover facility to court and back to the detention center during pretrial hearings. Requires the juvenile to be transported by personnel of the Section or personnel approved by the Section to the custody of the sheriff of the county where the charges arose in the event the juvenile reaches 18 while awaiting the completion of superior court proceedings. Provides that a juvenile can be held in a detention facility pending transfer to the Division upon receiving an active sentence if the facility is operated by the sheriff pursuant to GS 7B-1905(b), as amended. Makes organizational changes.
Amends GS 7B-2508 to specify that in order for the court to impose a disposition level one level higher than would otherwise be provided for the class of offense and delinquency history level of the juvenile, the court must find beyond a reasonable doubt that the adjudicated offense was committed as part of criminal gang activity (previously did not specify the burden).
Enacts GS 15A-145.8, detailing the procedure for superior courts to expunge records of charges remanded to district court under GS 7B-2200.5, as amended. Specifies the effects of such an expunction.
Repeals GS 20-106, which make it a Class H felony to receive or transfer stolen vehicles.
Applies to offenses committed on or after December 1, 2019.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.