House committee substitute makes the following changes to the 1st edition.
Deletes the proposed change to subsection (d) in GS 7B-1601 (Jurisdiction over delinquent juveniles), maintaining existing language providing that when the court has not obtained jurisdiction over a juvenile before the juvenile reaches the age of 18, for a felony and any related misdemeanors the juvenile allegedly committed on or after the juvenile's thirteenth birthday and prior to the juvenile's sixteenth birthday (previously, eighteenth birthday), the court has jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of GS Chapter 7B and either transferring the case to superior court for trial as an adult or dismissing the petition. Adds new subsection (d1), providing that when the court has not obtained jurisdiction over a juvenile before the juvenile reaches the age of 19, for a felony and related misdemeanors the juvenile already committed while the juvenile was at least 16 years of age but less than 17 years of age, the court has jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of GS Chapter 7B and either transferring the case to superior court for trial as an adult or dismissing the petition. Further provides that when the court has not obtained jurisdiction over a juvenile before the juvenile reaches the age of 20, for a felony and related misdemeanors the juvenile allegedly committed while the juvenile was 17 years of age but less than 18 years of age, the court has jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of GS Chapter 7B and either transferring the case to superior court for trial as an adult or dismissing the petition.
Makes clarifying changes to proposed GS 7B-2200.5 (Transfer of jurisdiction of a juvenile at least 16 years of age to superior court), requiring jurisdiction to be transferred to superior court after (1) notice has been provided to the juvenile and the court has found that a bill of indictment has been returned against the juvenile charging the commission of an offense that constitutes a Class A, B1, B2, C, D, or E felony if committed by an adult or (2) notice, hearing, and a finding of probable cause that the juvenile committed an offense that constitutes a Class A, B1, B2, C, D, or E felony if committed by an adult.
Amends GS 7B-250F by providing that, if a juvenile is adjudicated delinquent or convicted of more than one offense in a single superior court during one calendar week, only the adjudication or conviction for the offense with the highest point total is used.
Modifies and adds to the proposed changes to GS 7B-2515. Amends subsection (a), requiring the Division of Juvenile Justice (Division) to notify the juvenile and the juvenile's parent, guardian, or custodian of the Division's intent not to release the juvenile who was committed to the Division for an offense that was committed before the juvenile reached the age of 16 years (previously, specified a juvenile committed prior to reaching the age of 16 years) prior to the juvenile's eighteenth birthday, or if the Division determines the commitment should be continued beyond the maximum commitment period as set out in GS 7B-2516(a4) (conforming change; previously GS 7B-2513(a1)). Makes technical and conforming changes.
Adds new subsection (a1), providing that in determining whether a juvenile who was committed to the Division for an offense committed while the juvenile was at least 16 but less than 17 years of age should be released before the juvenile's nineteenth birthday, the Division must consider the protection of the public as well as the likelihood that continued placement will lead to further rehabilitation. Requires the Division to notify the juvenile and the juvenile's parent, guardian, or custodian in writing at least 30 days in advance of the juvenile's nineteenth birthday or the end of the maximum commitment period of the Division's intent not to release the juvenile prior to the juvenile's nineteenth birthday, or if the Division determines the commitment should be continued beyond the maximum commitment period as set out in GS 7B-2516(a4). Sets out the notice must include the additional specific commitment period proposed by the Division, the basis for the extension, and the plan for future care or treatment.
Similarly, adds new subsection (a2), providing that in determining whether a juvenile committed to the Division for an offense committed while the juvenile was at least 17 but less than 18 years of age should be released before the juvenile's twentieth birthday, the Division must consider the protection of the public as well as the likelihood that continued placement will lead to further rehabilitation. Requires the Division to notify the juvenile and the juvenile's parent, guardian, or custodian in writing at least 30 days in advance of the juvenile's twentieth birthday or the end of the maximum commitment period of the Division's intent not to release the juvenile prior to the juvenile's twentieth birthday, or if the Division determines the commitment should be continued beyond the maximum commitment period as set out in GS 7B-2516(a4). Sets out the notice must include the additional specific commitment period proposed by the Division, the basis for the extension, and the plan for future care or treatment.
Makes conforming changes to subsection (c), concerning the juvenile or the juvenile's parent, guardian, or custodian's right to request a court to review the Division's decision to extend the juvenile's commitment pursuant to the statute's provisions, as amended.
Further amends GS 143B-805(6), defining delinquent juvenile for use in provisions concerning the Division of Juvenile Justice, to include in the term any juvenile who commits indirect contempt by a juvenile as defined in GS 5A-31.
Adds new Part VI to the act as follows. Amends GS 7B-1702 to require the juvenile court counselor to conduct a gang assessment, in addition to the criteria provided by the Department of Public Safety, in determining whether a complaint should be filed as a petition, the juvenile diverted pursuant to GS 7B-1706, or the case resolved without further action.
Adds new subsection to GS 7B-2508, increasing the disposition for the adjudication of an offense by a juvenile when the court finds the offense was committed as part of criminal gang activity as defined in GS 7B-2508.1, to one level higher than would otherwise be provided for the class of offense and delinquency history level.
Enacts new GS 7B-2508.1 (Criminal gang activity), defining criminal gang, criminal gang activity, and criminal gang member as those terms apply to Article 25 of GS Chapter 7B.
Amends GS 7B-3001(a) to require the juvenile court counselor's record to include the results of the gang assessment conducted pursuant to GS 7B-1702 as amended.
The above provisions of new Part VI are effective December 1, 2019, and apply to offenses committed on or after that date.
Directs the Division of Adult Correction and Juvenile Justice of the Department of Public Safety to develop a gang assessment instrument to be used pursuant to GS 7B-1702 as amended. Requires the form to be developed in consultation with the administrator of the GangNET database maintained by the NC State Highway Patrol, as well as any other relevant entities.
The Daily Bulletin: 2017-05-10
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The Daily Bulletin: 2017-05-10
House committee substitute makes the following changes to the 1st edition:
Provides specific instructions for the staggering of terms and new North Carolina Board of Dietetics/Nutrition composition, in accordance with currently proposed amendments to GS 90-353 and GS 90-354.
Makes a clarifying change in GS 90-354(d).
House committee substitute makes the following changes to the 1st edition:
Amends the long and short titles.
Amends GS 90-202.10 to raise podiatrists' annual license renewal fees from $200 to $350.
Amends GS 90-389 to raise the fee-based pastoral counselors' and counseling associates' annual certificate renewal fee from $100 to $300.
Intro. by Jordan, Zachary, Malone. | GS 90 |
The Daily Bulletin: 2017-05-10
House committee substitute amends the 2nd edition to provide that the act is effective when it becomes law (was, effective October 1, 2017).
Intro. by McInnis, Tarte, J. Davis. | GS 130A |
House committee substitute makes the following changes to the 2nd edition.
Makes organizational changes to the act.
Deletes the proposed language of new subsection (c) in GS 50-13.3, instead establishing that a warrant to take physical custody of a child issued by a court pursuant to GS 50A-311 is enforceable throughout North Carolina (previously, specified requirements for an application for a warrant for custody and stated that a warrant applied in foreign and domestic child custody determinations).
Makes technical changes to the proposed new provisions in subsection (d) in GS 50-13.5 (Procedure in actions for custody or support of minor children).
Modifies the proposed amendments to subsection (e) in GS 50A-311 (Warrant to take physical custody of a child). Reinstates the existing language to permit a court to authorize law enforcement officers to enter private property to take physical custody of a child upon finding that a less intrusive remedy is not available (previously, upon finding a less intrusive remedy is not reasonably effective). Makes conforming changes. Deletes the proposed provision permitting a court to authorize law enforcement officers to use reasonable force to effectuate the terms and purposes of the order or warrant for custody. Clarifies that an officer executing a warrant for custody is not required to inquire into the regularity and continued validity of the order so long as the warrant is complete and regular on its face. Makes organizational and technical changes.
House committee substitute makes the following changes to the 2nd edition:
Amends the long title.
Enacts new GS 7A-45.6. Directs the Chief Justice, after consultation with the Chief Judge of the NC Business Court, to nominate an attorney who meets four listed experience and education qualifications to serve as an emergency special superior court judge to direct International Judicial Programs for jurists, arbitrators, mediators, and judicial system professionals from around the world. Directs the Governor to appoint the nominee to be an emergency special superior court judge if the Governor is satisfied that the nominee meets the qualifications and is physically and mentally able to perform the duties of a superior court judge, within 14 days of nomination. Authorizes the appointed judge to practice law, except that the appointed judge may not appear as an attorney of record before the superior court division of the General Court of Justice. The appointed judge holds office until the retirement age for judges, but the judge is not a state employee solely by virtue of this appointment, nor is the judge eligible for retirement under the Consolidated Judicial Retirement Fund. Authorizes the judge to concurrently hold one other appointed office, place of trust or profit, in state, local, or federal government. Provides for the judge's expenses and travel.
Directs the Chief Justice to submit the nomination within 30 days of the act becoming law.
Senate committee substitute, as amended, makes various changes to the 1st edition. We will not be including a summary of the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link. Further information on the budget, including the committee report, can be found on the “News” section of the General Assembly’s website at: https://www.ncleg.gov/News.
Intro. by Brown, Harrington, B. Jackson. | APPROP, STUDY, GS 5A, GS 6, GS 7A, GS 7B, GS 14, GS 15, GS 17C, GS 17E, GS 18B, GS 18C, GS 19, GS 20, GS 50B, GS 58, GS 62, GS 74E, GS 77, GS 90, GS 90A, GS 94, GS 95, GS 96, GS 97, GS 103, GS 105, GS 108A, GS 108C, GS 111, GS 113, GS 113A, GS 114, GS 115B, GS 115C, GS 115D, GS 116, GS 120, GS 121, GS 122A, GS 122C, GS 125, GS 126, GS 130A, GS 131D, GS 131E, GS 135, GS 136, GS 140, GS 143, GS 143B, GS 143C, GS 147, GS 148, GS 150B, GS 159B, GS 164, GS 166A |
The Daily Bulletin: 2017-05-10
The Daily Bulletin: 2017-05-10
House committee substitute makes the following changes to the 2nd edition:
The provision making GS Chapter 152 not applicable to Cleveland County is effective upon the earlier of a vacancy in the office of coroner in that county, or the expiration of the current elected term of office.
Makes organizational changes.
Amends the act's short title.
Actions on Bills: 2017-05-10
H 158: SPECIAL ASSESSMENTS/CRITICAL INFRASTRUCTURE.
H 256: 2017 APPOINTMENTS BILL (NEW).
H 280: JUVENILE JUSTICE REINVESTMENT ACT.
H 357: MODERNIZE DIETETICS/NUTRITION PRACTICE ACT.
H 461: MH/SA CENTRAL ASSESSMENT & NAVIGATION PILOT.
H 467: AGRICULTURE AND FORESTRY NUISANCE REMEDIES.
H 477: BEHAV. HEALTH CRISIS EMS TRANSPORTS/MEDICAID.
H 637: CLARIFY REGIONAL WATER AND SEWER FUNDS.
H 890: AMEND PSYCHOLOGY, PODIATRY, PASTORAL COUNSLR. (NEW).
S 24: ALLOW RESTAURANTS TO USE OUTDOOR GRILLS.
S 53: LAW ENFORCEMENT AUTHORITY/CUSTODY OF CHILD.
S 107: STREAMLINE DAM REMOVAL.
S 117: FORFEIT. RETMT/ANTI-SPIKING/SERV. PURCH/TC. (NEW).
S 148: JUROR EXCUSED BY CLERK/MODIFY VARIOUS APPTS (NEW).
S 156: PLUMBING & HEATING CONTRACTORS CHANGES.
S 257: APPROPRIATIONS ACT OF 2017.
S 326: CLARIFY HUT & IMPROVE VEHICLE TITLING PROCESS.
S 344: COMBINE ADULT CORRECTION & JUVENILE JUSTICE.
S 421: USE OF CAREER & TECHNICAL FUNDS/ONSLOW COUNTY.
S 468: QZAB USE MODIFICATION.
S 547: RESTITUTION REMISSION/NOTICE AND HEARING REQ.
S 577: CONSUMER CREDIT/DEFAULT CHARGE.
S 616: HEROIN & OPIOID PREVENTION & ENFORCEMENT ACT (NEW) .
S 628: VARIOUS CHANGES TO THE REVENUE LAWS.
Actions on Bills: 2017-05-10
H 268: CITY OF BELMONT CHARTER REVISIONS.
H 393: MEBANE CHARTER/ALAMANCE-BURL BOE EXCHANGE (NEW).
H 491: HENDERSON COUNTY FIRE TAX DISTRICTS.
S 19: EVEN YR MUNICIPAL ELECTION/TOWNS OF TROY/STAR.
S 37: ROANOKE ISLAND FIRE DISTRICT CHANGES.
S 105: FAIRMONT VOL. ANNEX.; TROUTMAN LAND USE REG (NEW).
S 122: REPEAL CENTERVILLE CHARTER.
S 185: ABOLISH COLUMBUS/CLEVELAND COUNTY CORONER (NEW).
S 219: INDIAN BEACH ANNEX/MOREHEAD CITY CHARTER CHGS (NEW).
S 260: WAKE FOREST ANNEXATION.
S 261: KANNAPOLIS DEANNEXATION.
S 266: DURHAM AND WALKERTOWN ANNEXATIONS (NEW).
S 289: VARIOUS DEANNEXATIONS. (NEW)
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