AN ACT TO REQUIRE THAT A DNA SAMPLE BE OBTAINED FROM ANY PERSON WHO IS CONVICTED OR FOUND NOT GUILTY BY REASON OF INSANITY FOR COMMITTING VARIOUS ASSAULT AND DOMESTIC VIOLENCE OFFENSES AND TO REVISE THE LAW GOVERNING THE ASSISTANCE PROGRAM FOR VICTIMS OF RAPE AND SEX OFFENSES AND TO REVISE THE LAW GOVERNING REFUNDS FOR THE OVERPAYMENT OF EXCISE TAX AND TO REQUIRE REGISTERS OF DEEDS TO MAINTAIN BACKUP STORAGE MEDIA. SL 2022-50. Enacted July 7, 2022. Effective July 7, 2022, except as otherwise provided.
Bill Summaries: H674 REQUIRE DNA VARIOUS CONVICT'NS/OTHER MATTERS. (NEW)
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Bill H 674 (2021-2022)Summary date: Jul 26 2022 - View Summary
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Bill H 674 (2021-2022)Summary date: Jun 30 2022 - View Summary
Senate amendments to the 3rd edition make the following changes.
Amendment #1
Further amends GS 143B-1200, by increasing the cap on the amount paid from the assistance program for victims of rape and sex offenses for forensic medical exams, from $350 to $600 for physician or SANE nurse services, from $250 to $500 for hospital and facility fees, and from $200 to $400 for other expenses deemed eligible by the program; make a conforming change to the total allowable amount.
Amendment #2
Amends GS 105-228.37 by adding that the board of county commissioners may, by resolution, authorize either or both of the county manager or the county finance officer to grant a request for tax refund for a payment under Article 8E (Excise Tax on Conveyances) that is filed within six months after the date the tax was paid. Sets out requirements governing the processing of the refund. Allows a taxpayer who is not granted a refund by the county manager or finance officer to file a written request with the board of county commissioners. Makes conforming changes to the act's titles.
Amendment #3
Amends GS 161-22 which requires the register of deeds to provide and keep in the register's office full and complete alphabetical indexes of the names of the parties to all liens, grants, deeds, mortgages, bonds, and other instruments required or authorized to be registered, with the indexes required to include specified information. Removes the requirement that indexes maintained in a computer or other automated data processing machine be copied monthly on paper or file, or a tape or disk. Instead, requires the register of deeds to ensure that the alphabetical indexes are duplicated onto separately kept backup storage media for disaster recovery and operations resumption if there is equipment failure, destruction, accidental loss, or corruption, so that the indexes are restorable from a backup at any point. Allows the storage to be magnetic tape, optical or other removable media. Makes conforming changes to the act's titles.
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Bill H 674 (2021-2022)Summary date: Jun 21 2022 - View Summary
Senate committee substitute replaces the content of the 2nd edition with the following.
Amends GS 15A-266.4, which requires submission to DNA sampling for a person convicted of certain crimes or found to be not guilty for certain crimes by reason of insanity and committed to a mental health facility, expanding the crimes that trigger the statute's DNA sampling requirements to include assault on a female by a male person at least 18 years of age in violation of GS 14-33(c)(2), assault on a child under the age of 12 years in violation of GS 14-33(c)(3), and all domestic violence offenses described in GS 50B-4.1 (violation of valid protective order). Applies to convictions or findings on or after December 1, 2022.
Amends GS 143B-1200, which provides an assistance program for victims of rape and sex offenses. Prohibits medical facilities and medical professionals that perform victims' forensic medical examinations from billing the victim, the victim's personal insurance, Medicaid, Medicare, or any other collateral source for the examination and other eligible expenses (previously barred billing for examinations only). Expands the defined term forensic medical examination to require inclusion of any other act or procedure listed for the term in the identified federal laws, and any costs associated with the items listed, such as equipment, supplies, and facility fees. Requires interpretation consistent with federal law, now including 34 USC 40723(a)(3). Amends the definition of Sexual Assault Nurse Examiner (SANE) nurse to include one who conducts forensic medical examinations of rape victims or victims of sexual assault, and now requires interpretation consistent with an identified federal law. Expands the definition of sexual assault to include the following: statutory rape of a child by an adult as defined in GS 14-27.23; statutory sexual offense with a child by an adult as defined in GS 14-27.28; sexual activity by a substitute parent or custodian as defined in GS 14-27.31; sexual activity with a student as defined in GS 14-27.32; sexual battery as defined in GS 14-27.33; sexual contact or penetration under pretext of medical treatment as defined in GS 14-27.33A; and any other act defined to be sexual assault by 34 USC 40723(a)(9). Applies to forensic medical examinations completed on or after October 1, 2022.
Amends GS 131E-91 to require hospitals and ambulatory surgical facilities to have policies to prevent collections of debt related to expenses that cannot be charged to a patient pursuant to GS 143B-1200, as amended. Applies to forensic medical examinations completed on or after October 1, 2022.
Changes the act's titles.
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Bill H 674 (2021-2022)Summary date: May 4 2021 - View Summary
House committee substitute to the 1st edition makes the following changes.
Eliminates the proposed appropriations to the Department of Justice. Makes conforming changes. Makes conforming changes to the act's titles.
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Bill H 674 (2021-2022)Summary date: Apr 22 2021 - View Summary
Amends GS 15A-266.3A, which requires a DNA sample for DNA analysis and testing to be obtained from any person arrested for committing specified offenses, unless a DNA sample has been previously obtained by lawful process and the record, which has not been expunged, is stored in the DNA Database. Expands the specified offenses to include GS 14-33(c)(2), Assault on a female by a male person at least 18 years of age; GS 14-33(c)(3), Assault on a child under the age of 12 years; and GS 50B-4.1, Violations of valid protective order. Makes conforming changes to make the provisions applicable to persons arrested for attempting, soliciting another to commit, conspiring to commit, or aiding and abetting another to commit any of the named violations, as expanded. Makes further conforming changes.
Amends GS 15A-266.2 to include persons arrested for the offenses under GS 15A-266.3A, as amended, in the defined term arrestee, as the term applies to Article 13, DNA Database and Databank.
Applies to offenses committed on or after December 1, 2021.
Appropriates $1,079,022 in recurring funds from the General Fund to the Department of Justice for each year of the 2021-23 fiscal biennium to be allocated to the State Crime Laboratory in specified amounts for supplies and collection kits for DNA testing, and two full-time forensic scientist positions and four full-time criminal justice specialist/investigator positions. Effective July 1, 2021.