AN ACT TO ADD PROCEDURAL EFFICIENCIES WHEN A DEFENDANT IS ORDERED TO ATTEND AN ABUSER TREATMENT PROGRAM, TO CLARIFY THE SPECIFIC TIME THAT A DOMESTIC VIOLENCE PROTECTION ORDER EXPIRES ON THE LAST DAY THAT THE ORDER IS VALID, AND TO PROVIDE THAT SUBSEQUENT COURT ORDERS SUPERSEDE SIMILAR PROVISIONS IN ORDERS ISSUED UNDER THE DOMESTIC VIOLENCE LAWS. SL 2019-168. Enacted July 26, 2019. Effective December 1, 2019.
Bill Summaries: S 493 DVPO ABUSER TREATMENT/TIME OF EXPIRATION. (NEW)
Summary date: Jul 29 2019 - View Summary
Bill S 493Summary date: Jun 27 2019 - View Summary
House committee substitute to the 2nd edition makes the following changes.
Makes organizational changes to the proposed changes to GS 50B-3, which specify the expiration of domestic violence protective orders. Further amends GS 50B-3 as follows. Requires a defendant ordered to attend an abuser treatment program pursuant to subdivision (a)(12) to begin regular attendance of the program within 60 days of the entry of the order. Requires the court to specify the date and time for a review hearing with the court to assess whether the defendant has complied as soon as practicable after 60 days from the entry of the original order. Requires that date and time to be set when entering the original order, and requires the clerk to issue a Notice of Hearing for the compliance review to be given to or served, as appropriate, upon the defendant and filed with the court on the same day as entry of the original order. Permits the plaintiff to attend the review hearing. Provides for the defendant to give the clerk a written statement showing compliance with the order prior to the review hearing, at which time the clerk must remove the hearing from the court docket and notify the plaintiff of the defendant's compliance and that no review hearing will occur.
Makes conforming changes to the act's titles.
Summary date: May 2 2019 - View Summary
Senate committee substitute to the 1st edition makes the following changes.
Makes organizational changes to the proposed changes to GS 50B-3, which specify the expiration of domestic violence protective orders.
Amends GS 50B-7, establishing that subsequent orders entered supersede similar provisions in protective orders issued under the Chapter. Removes identical language from existing law in GS 50B-3 regarding the award of temporary custody of minor children. Makes conforming changes to the act's long title.
Changes the effective date of the act from when it becomes law to December 1, 2019.
Summary date: Apr 2 2019 - View Summary
Amends GS 50B-3 by specifying that domestic violence protective orders expire at 11:50 p.m. on the indicated expiration date, unless stated otherwise in the order.