House committee substitute makes the following changes to the first edition. Deletes all provisions of previous edition and replaces them with AN ACT TO CREATE A CRIMINAL PENALTY FOR DISTURBING OR DISMEMBERING HUMAN REMAINS. Rewrites GS 14-401.22 to enact additional subsections stating that any person who willfully disturbs, vandalizes, or desecrates human remains or commits or attempts to commit upon human remains an act of sexual penetration is guilty of a Class I felony. Provides exceptions to the provision. Provides that any person who attempts to conceal evidence of the death of another by knowingly and willfully dismembering or destroying human remains is guilty of a Class H felony. Provides that any person who violates the previous provision, knowing or having reason to know the human remains are of a person who did not die of natural causes, is guilty of a Class D felony. Defines human remains as any dead human body in any condition of decay or any significant part of a dead human body. Effective December 1, 2011, and applies to offenses committed on or after that date.

House committee substitute makes the following changes to 2nd edition. Directs the Department of Public Instruction to use funds available within its budget to establish a position to coordinate the accreditation process provided for in the act. Makes other technical change.

House committee substitute makes the following changes to 2nd edition. Deletes proposed GS 106-202.21A and 106-202.21B, which required dealers of galax and Venus flytrap to hold a permit, and set forth permit details. Makes a conforming change to the title. Amends proposed subdivisions (6d) and (6e) to GS 106-202.19(a), clarifying that it is unlawful to buy more than five pounds of galax for resale or trade without a copy of the landowner’s written permission and confirmation of the collection date, and to buy more than 50 Venus flytrap plants for resale or trade unless fully compliant with applicable regulations.

House amendments make the following changes to 3rd edition. Amendment #1 amends GS 135-1(20) to provide that work performed as an unpaid bona fide volunteer for a state historical and cultural organization is also not considered service under the definition of retirement. Provides that an unpaid bona fide volunteer for a state historical and cultural organization is prohibited from volunteering for a position in which the individual was previously employed.
Amendment #2 makes a conforming change to the act’s title based on the changes made by Amendment #1.

House committee substitute makes the following changes to 1st edition. Clarifies that a person whose driver's license is revoked under GS 120-138.5(d) (permanent license revocation for habitually impaired driving) may have that license conditionally restored by the Division of Motor Vehicles (DMV) after a period of at least 10 years after the conviction except as otherwise provided in subsection GS 20-19(e4) as amended in this act. Also clarifies that a license revoked under GS 20-138.5(d) may be conditionally restored. Provides that if the person's conviction for habitually impaired driving and revocation of license was for an offense that involved serious injury to or the death of another person, the DMV may conditionally restore the license of that person after the license has been revoked for at least 10 years after any sentence imposed by the court has been completed. Clarifies that the person must also provide satisfactory proof of no use of alcohol or unlawful use of controlled substances since the person's conviction in the 10 years immediately preceding the person's application for a restored license.

House committee substitute makes the following changes to 1st edition. Amends proposed Article 6 of GS Chapter 15A, changing the title of the Article to Certificate of Relief (was, Certificate of Restoration of Rights). Makes conforming changes throughout proposed Article 6, replacing all references to a Certificate of Restoration of Rights with Certificate of Relief. Also clarifies that the relief permitted in this Article relieves collateral consequences as the term is defined in the Article and that collateral consequence encompasses a collateral sanction or a disqualification.
Adds a definition for district attorney as it applies in this Article. Provides that an individual may petition the court where the individual was convicted for a Certificate of Relief to relieve the collateral consequences (was, collateral sanctions) of the conviction if the individual: (1) is convicted of no more than two Class G, H, or I felonies or misdemeanors in one session of court (was, no more than two convictions higher than a Class G felony) and (2) has no other convictions for a felony or a misdemeanor other than a traffic violation.
Requires that a petition for a Certificate of Relief is to be heard by a senior superior court judge if the convictions were in superior court or by the chief district court judge if the convictions were in district court. Permits the senior resident superior court judge and chief district court judge in each district to delegate their authority to hold hearings regarding Certificates of Relief to judges, clerks, or magistrates in that district.
Clarifies that a Certificate of Relief (1) does not relieve sanctions imposed by the North Carolina Constitution, (2) does not expunge any criminal history record information, (3) does not constitute a pardon, and (4) does not automatically relieve a disqualification. Provides that an administrative agency, governmental official, or court in a civil proceeding may favorably consider a Certificate of Relief in determining whether a conviction should result in disqualification. Prohibits issuing a Certificate of Relief to relieve (1) any statutory requirements or prohibitions imposed as a result of registration under Article 27A of GS Chapter 14 or (2) the prohibitions on the possession of firearms imposed by Articles 54A and 54B of GS Chapter 14, in addition to other sanctions included in previous edition. Provides that district attorney includes any district attorney authorized under GS 7A-60.
Amends provisions regarding the issuance, modification, and revocation of a Certificate of Relief to (1) also require the court to notify the district attorney at least three weeks before the hearing on a petition for a Certificate of Relief takes place and (2) allow a court to modify or revoke (was, restrict or revoke) a Certificate of Relief issued by that court if the court finds just cause by a preponderance of the evidence. Clarifies that just cause does not include a traffic violation.
Makes additional clarifying changes. Amends the title to better reflect the bill content.

House committee substitute makes the following changes to 1st edition. Repeals GS 14-51.1 (use of deadly force against an intruder) and enacts new GS 14-51.2 providing that a person is presumed to have held a reasonable fear of imminent death or serious bodily harm to self or another when using defensive force that is intended or likely to cause death or serious bodily harm to another if both of the following apply: (1) the person against whom the force was used was
in the process of unlawfully and forcefully entering, or had so entered, the house, motor vehicle, or workplace, or had removed or attempted to remove another from the home, vehicle, or workplace and (2) the person using the defensive force knew or had reason to believe that such unlawful and forcible entry or removal had occurred. Provides that the presumption is rebuttable if the use of defensive force occurs in a motor vehicle or workplace. The presumption does not apply if (1) the person against whom the force was used had a right to be in the home, vehicle, or workplace, and there is not a protective or no contact order against that person; (2) the person removed or sought to be removed is a minor child or minor grandchild or is otherwise under lawful custody or guardianship of the person against whom the defensive force is used; (3) the person using the force is engaged in other unlawful activity; (4) the person against whom the force is used is a law enforcement officer acting in the lawful performance of the officer's official duties, and who has made his or her status as a law enforcement officer known or the person using force should have known the individual was an officer; or (5) the person against whom the force is used has discontinued all efforts to unlawfully and forcefully enter and has exited the home, vehicle, or workplace. Provides that a person who unlawfully and by force enters or attempts to enter another's home, vehicle, or workplace is presumed to be doing so with intent to commit an unlawful act involving force or violence. Provides immunity for a person using force as justified by circumstances described above. Defines terms as used in the proposed new section.
Enacts new GS 14-51.3 providing that a person may use force, but not deadly force, in the defense of self or of others if the person reasonably believes that the use of force is a necessary defense against the imminent use of unlawful force by another. However, provides that a person is justified in the use of deadly force and has no duty to retreat in any place the person has the lawful right to be if: (1) the person reasonably believes that the use of deadly force is necessary to prevent imminent death or serious bodily harm to self or to another or (2) under the circumstances permitted under proposed GS 14-51.2. Provides that a person who uses force as permitted in proposed GS 14-51.3 is immune from civil or criminal liability except if the person against whom the force is used is a law enforcement officer acting lawfully in the performance of the officer's official duties and the officer provided identification or the person using the force knew or reasonably should have known that the person was a law enforcement officer lawfully acting in performance of the officer's official duties.
Enacts new GS 14-51.4 providing for instances in which the justification for defensive force is not available to a person who: (1) was attempting to commit, committing, or escaping after the commission of a felony or (2) initially provokes the use of force against himself or herself. Provides the following instances when the person who initially provokes the use of force against himself or herself will be justified in using defensive force: (1) the force used by the person who was provoked is so serious that the person using defensive force reasonably believed he or she was in imminent danger of death or serious bodily harm, had no reasonable means of escape, and was the only way to escape the danger or (2) the person who used defensive force withdraws from physical contact with the person who was provoked, and indicates clearly that he or she desires to withdraw and terminate the use of force, but the person provoked continues or resumes the use of force.
Amends GS 14-269(b) to add to the list of persons who may carry a concealed weapon without first obtaining a concealed carry permit a qualified retired law enforcement officer who is certified by the North Carolina Criminal Justice Education and Training Standards Commission, provided the person is not consuming, or have remaining in the officer's body alcohol or an unlawful controlled substance.
Makes changes throughout the act providing that when a person with a valid concealed handgun permit stores a firearm in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle, the person may unlock the vehicle to enter or exit the vehicle provided the firearm remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit.
Amends GS 14-269.2 by restoring the criminal penalties previously amended concerning carrying firearms on school grounds. Makes other organizational and technical changes.
Amends GS 14-269.4 to remove the willfully and intentionally requirement previously added to the prohibition against carrying any open or concealed deadly weapon on certain state property or in courthouses.
Amends GS 14-269.7(a) to make it a Class 1 misdemeanor (previously Class 2) for any minor to willfully and intentionally possess or carry a handgun.
Rewrites GS 14-269.8 to allow persons under a GS Chapter 50B domestic violence order to own, but not possess, purchase, or receive a firearm. Makes conforming changes to GS 50B-3.1(d) and GS 50B-3.1(j).
Amends GS 14-288.8(b) to allow a person to possess or own a weapon of mass destruction, as defined, in compliance with federal law (26 U.S.C. Chapter 53, �_�_ 5801-5871). Makes similar change to GS 14-409(b).
Amends GS 14-404(d), concerning exempting officers authorized by law to carry firearms who are exempt from needing to be issued a pistol purchase permit, to provide that an officer must provide certain proof to a vendor or donor that the officer is authorized by law to carry firearms. Removes the provision that the officer must be purchasing the firearm for a purpose directly related to the law officer's official duties.
Enacts new GS 14-408.1, providing it to be a Class F felony for anyone to knowingly solicit, persuade, encourage, or entice a licensed dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances the person knows are unlawful. Any person who knowingly gives a licensed dealer or private seller of firearms or ammunition information that is materially false with the intent to deceive the dealer or seller about the legality of the transfer is guilty of a Class F felony. The statute does not apply to law enforcement officers in certain circumstances. Provides definitions under the proposed statute.
Amends GS 14-409.10 to allow citizens of North Carolina to purchase a rifle or shotgun in another state if the person undergoes a background check that satisfies the law of the state of purchase and that includes an inquiry of the National Instant Background Check System.
Enacts new GS 14-409.41 to provide that an employer, business, or commercial enterprise may not have a policy or rule prohibiting a person, with a valid concealed handgun permit, from transporting or storing any firearm, if the firearm is in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle. This provision does not apply to vehicles owned or leased by an employer, or where transport or storage of a firearm is prohibited by state or federal law or regulation. Provides relief for persons injured or damaged by violations of this provision. Provides relief for an employee who is discharged by an employer in violation of this provision. Provides immunity for a business, employer, property owner, or commercial enterprise that complies with the provisions, and states that such persons and entities are not to be held liable in any civil action for damages, injuries, or death resulting from another person's actions involving a firearm stored in compliance with this provision.
Enacts new GS 95-156 to state that the decision of a business, commercial enterprise, employer, or property owner allowing persons with handgun permits to carry a handgun on such property does not constitute an occupational safety or work hazard.
Amends GS 14-415.11(a) to clarify that a person who holds a valid concealed handgun permit has a duty to disclose to a law enforcement officer the person holds such permit only when the person is approached or addressed by an officer while the officer is in the performance of official duties.
Amends GS 14-415.11(c) to make conforming changes as to where a concealed handgun permit allows a handgun to be carried. Specifies that it is lawful for a person with a permit to carry a concealed handgun at any rest area or rest stop owned by the state.
Amends GS 14-415.13(a)(5) to clarify that the provision does not prohibit submitting information related to involuntary commitment to the National Instant Criminal Background Check System.
Amends GS 14-415.15(a) to clarify that a sheriff may either issue or deny a concealed handgun permit 45 days after receipt of the items listed in GS 14-415.13 and receipt of the required records concerning the mental health or capacity of the applicant.
Amends GS 14-415.18(a) to provide that a sheriff may not revoke a permit if a person provides a duplicate of the permit to a vendor for record-keeping purposes.
Rewrites GS 14-415.21 to reduce the penalty to an infraction (previously a Class 2 misdemeanor) for violations involving the failure of a concealed handgun permit holder to carry the permit when also carrying a concealed weapon, or for failing to inform a law enforcement officer that the permittee is carrying a concealed weapon. Previous edition repealed GS 14-415.21.
Deletes amendments to GS 153A-129, 166A-3, and 160A-189.
Deletes provisions from previous edition regarding communicating threats, weapons at parades and other assemblies, statewide uniformity of local regulation, and criteria to qualify for the issuance of a permit.
Effective December 1, 2011, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of the act are not abated or affected by this act, and the statutes that would be applicable but for the act remain applicable to those prosecutions. Makes conforming changes to the bill title.

House amendment makes the following changes to 2nd edition. Amends proposed GS 15A-2008(1), clarifying that a defendant may seek appropriate relief from the defendant's death sentence if the defendant submits credible and verifiable evidence of a prior severe mental disability, as defined, at the time of the commission of the capital crime. Amends proposed GS 15A-2007(a)(2), clarifying that the defendant must demonstrate by clear and convincing evidence that the mental disability was manifested at some date (was, at some time) prior to the alleged conduct at the time of the offense in order to meet the test of severe mental disability.

House committee substitute makes the following change to 1st edition. Amends proposed GS 7A-313.1, adding that a county may not collect a fee from an offender determined to be indigent and entitled to court-appointed counsel.

House committee substitute makes the following changes to 1st edition. Replaces the provisions in the previous edition as follows. Establishes the eight member Legislative Study Commission on Alternative Fuel for Vehicles (Commission) to study the state’s future energy needs and focus on the possible use of compressed natural gas, liquid propane, and biofuels as fuel sources for vehicles. Details appointing authority, membership requirements, and additional administrative provisions. Permits the Commission to study seven enumerated issues, and to report recommendations and legislative proposals to the 2012 General Assembly on or before the session convenes. Makes a conforming change to the bill title.

House committee substitute makes the following changes to 1st edition. Makes organizational and clarifying changes.

House committee substitute makes the following changes to 1st edition. Amends GS 15A-268(a1) to clarify that a custodial agency must preserve any physical evidence regardless of the date the physical evidence is collected. Amends GS 15A-268(a7) to require the custodial agency to prepare an inventory of biological evidence relevant to the defendant’s case that is in the custodial agency’s custody, upon a written request by the defendant. Additionally provides that if the evidence was destroyed through a court order or other written directive, the custodial agency must provide the defendant with a copy of the court order or written directive. Under current law, GS 15A-268(b) provides that if all of the specified conditions are met, the custodial agency required to preserve evidence under subsection (a1) of the statute may dispose of the evidence before the expiration of the time limits set in subsection (a6) of GS 15A-268. Adds as a specified condition to be met, a requirement that the custodial agency must have determined that it has no duty to preserve the evidence under GS 15A-1471.
Amends the definition for claim of factual innocence in GS 15A-1460 to delete previous amendment stating that the term applies to a claim on behalf of a living person convicted of a felony who originally pled not guilty or nolo contendere. Adds a definition for claimant, meaning a person who asserts complete innocence of any criminal responsibility for a felony crime of which the person was convicted and for any other reduced level of criminal responsibility relating to the crime.
Amends GS 15A-1467(a) to provide that a claim of factual innocence may be referred to the North Carolina Innocence Inquiry Commission (Commission) by any (1) court, (2) a state or local agency, (3) a claimant, or (4) a claimant’s counsel (was, by a trial court or the defendant).
Amends GS 15A-1468(b) to delete provision that allowed the Commission to exclude the victim from any portion of the proceedings if the commission determined that the victim’s presence might interfere with the investigation.
Requires the Commission to include, as a part of its rules of operation, holding a prehearing conference at least 10 days before any proceedings of the full Commission. Specifies the persons to be notified and authorized to attend the prehearing conference. Authorizes the District Attorney or designee to provide the Commission with a written statement to be included in the record of the Commission’s proceedings. Provides that any statement included in the record must be a part of the Commission’s record of proceedings under GS 15A-1468(e).
Amends GS 15A-1469 to clarify that if the Commission concludes that there is credible evidence of prosecutorial misconduct (standard was if there was significant evidence of prosecutorial misconduct in the case), the chair of the Commission may ask the Attorney General (was, the Director of the Conference of District Attorneys) to appoint a special prosecutor to represent the state in the place of the district attorney of the district of conviction or the district attorney’s designee. Provides prohibitions on appointing prosecuting attorneys who prosecuted or assisted with the prosecution in the trial of the convicted person, or a person who is a prosecuting attorney in the district where the convicted person was tried.
Permits all credible, verifiable evidence relevant to the case to be presented during the hearing, even if that evidence was considered by a jury or judge in a prior proceeding. Restores the standard of proof to clear and convincing evidence (was, beyond a reasonable doubt).
Repeals GS 7A-64(a1) (regarding temporarily assigning a district attorney from one district to another district upon request). Deletes provision that repealed GS 15A-1470(b). Also deletes provisions amending GS 7A-413(a) and GS 15A-1468(a).
Adds new GS 15A-1471 providing for the preservation of files and evidence, the production of files and evidence, and forensic and DNA testing.
Amends GS 148-82(b) to permit a person convicted of a felony and imprisoned thereafter who pleaded not guilty or nolo contendere and is subsequently determined to be innocent of all charges and against whom the charges are dismissed under GS 15A-1469, to present by petition a claim against the state for the pecuniary loss sustained by the person due to the erroneous conviction and imprisonment, provided the petition is presented as required.
Effective when the act becomes law and applies to any pending claims on the effective date or claims filed on or after the effective date (was, effective October 1, 2011, and applies to claims of factual innocence filed on or after that date).