AN ACT TO MAKE CHANGES TO FUTURE CRIMINAL LAWS RELATED TO REGULATORY OFFENSES, TO EXTEND THE TIME FOR LOCAL GOVERNMENTS TO REPORT ORDINANCES WITH CRIMINAL PENALTIES, AND TO REQUIRE THE GENERAL STATUTES COMMISSION TO STUDY CURRENT OFFENSES NOT ENACTED BY STATUTE. SL 2019-198. Enacted August 14, 2019. Section 7 is effective December 1, 2019. The remainder is effective August 14, 2019.
Summary date: Aug 16 2019 - More information
Summary date: Jul 10 2019 - More information
House committee substitute to the 2nd edition makes the following changes.
Eliminates the proposed changes to GS 14-4, regarding violations of local ordinances.
Amends proposed GS 14-4.1, making amendments to rules which create a new criminal offense or otherwise subjects a person to criminal penalties subject to GS 150B-21.3(b1), in addition to any rule of the same consequence. Makes the statute applicable to rules adopted on or after January 1, 2020, rather than December 1, 2019.
Eliminates proposed GS 14-4.2, which established criminal notice requirements.
Amends Section 1 of SL 2018-69, which requires all State agencies, boards, and commissions to create a list of all crimes defined by the entity that are in effect or pending legislation, to now require the entities to submit the list to the Joint Legislative Administrative Procedure Overnight Committee by November 1, 2019 (previously, by December 1, 2018; also previously required to report to the Joint Legislative Oversight Committee on Justice and Public Safety). Amends Section 3 of SL 2018-69, which requires all counties, cities, towns, and metropolitan sewerage districts that have enacted ordinances punishable as misdemeanors under GS 14-4 to create a list of punishable ordinances, to now require a county with a population of 20,000 or more, a city with a population of 1,000 or more, or a metropolitan sewerage district that has enacted ordinances punishable as misdemeanors under GS 14-4 to create the list and submit the list to the Joint Legislative Administrative Procedure Oversight Committee by November 1, 2019 (was, December 1, 2018; also previously required to report to the Joint Legislative Oversight Committee on Justice and Public Safety).
Establishes that no ordinance adopted on or after January 1, 2020, and before January 1, 2022, by a county, city, or town required to report pursuant to SL 2018-69, as amended, is subject to the misdemeanor criminal penalty provided by GS 14-4, unless the required report has been submitted by November 1, 2019. Provides that the ordinances can still be subject to civil penalties.
Directs the General Statutes Commission to study the reports received pursuant to SL 2018-69, as amended, and make recommendations regarding whether any currently criminalized conduct by either local ordinances or the Administrative Procedure Code should have criminal penalties provided by a generally applicable State law. Requires the General Statutes Commission to report to the 2020 General Assembly and the specified NCGA committee by May 1, 2020.
Amends GS 93A-8, making it a Class 1 misdemeanor to violate GS 93A-1, which requires real estate broker licensing, rather than any GS Chapter 93A provision. Applies to offenses committed on or after December 1, 2019.
Amends the act's long title.
Summary date: Apr 30 2019 - More information
Senate committee substitute to the 1st edition makes the following changes.
Amends GS 14-4, by adding that on or after December 1, 2020, no person who violates an ordinance of a county, city, town, or metropolitan sewerage district is guilty of a crime. Allows, however, criminal penalties to be imposed by a specific and explicit act of the NCGA for such violations if the prohibited conduct is defined in GS Chapter 14, Chapter 20, or Article 5 of GS Chapter 90. Specifies that nothing in the statute prhoibits a county, city, town, or metropolitan sewerage district from imposing civil penalties for the violation of any ordinance under GS 153A-123, GS 160A-175, or GS 162A-81, all of which concern the enforcement of ordinances. Makes additional changes to make existing language gender-neutral.
Deletes proposed GS 14-4.2, which prohibited convicting a person of a crime unless the person was shown to have acted recklessly (as defined in the statute) if (1) the underlying criminal offense was created after December 1, 2019, by General Assembly enactment or adoption of an administrative rule and (2) the statute or rule does not include a specific criminal intent as an element of the offense.
Renumbers proposed GS 14-4.3 as GS 14-4.2 and makes clarifying changes.
Amends the act's long title.
Summary date: Apr 10 2019 - More information
Amends GS 14-4, which makes a violation of an ordinance of a county, city, town, or metropolitan sewerage district a Class 3 misdemeanor and subject to the specified fines, and makes a violation of ordinances regulating vehicles an infraction and subject to a penalty of no more than $50. Amends the statute to specify that these provisions do not apply to ordinances created after December 1, 2019.
Enacts new GS 14-4.1 subjecting any rule adopted under Article 2A, Rules, of the Administrative Procedure Act, that creates a new criminal offence or subjects a person to criminal penalties to be subject to legislative review under GS 150B-21.3(b1) whether or not the required written objections have been received. Applies to rules adopted after December 1, 2019. Makes a conforming change to GS 150B-21.3(b1), effective December 1, 2019.
Enacts new GS 14-4.2 to provide that no person may be convicted of a crime unless the person is shown to have acted recklessly (as defined in the statute) if (1) the underlying criminal offense was created after December 1, 2019, by General Assembly enactment or adoption of an administrative rule and (2) the statute or rule does not include a specific criminal intent as an element of the offense. This does not apply to (1) an offense that is not punishable by an active sentence or by a fine exceeding $500 or (2) the law creating the offense indicates intent to impose strict liability.
Enacts new GS 14-4.3 to prohibit convicting a person of a criminal offense unless the offense appears in GS Chapter 14 (Criminal Law), Chapter 20 (Motor Vehicles), or Article 5 of Chapter 90 (Controlled Substances Act). Make an exception for a person who has actual knowledge that the behavior that is the basis for being charged with the offense constitutes a crime. Applies to offenses created after December 1, 2019.
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