Amends GS 115C-562.1, containing definitions applicable to scholarship grants, as follows. Amends the criteria to be an eligible student to require the child be enrolled in a nonpublic school, instead of a nonpublic school meeting the requirements of Part 1 (Private Church Schools and Schools of Religious Charter) and Part 2 (Qualified Nonpublic Schools) of Article 39 of GS Chapter 115C. Expands upon the definition of nonpublic school to include a school meeting the requirements of Part 3 (Home Schools), in addition to already included schools meeting the requirements of Parts 1 or 2. Adds and defines home school as a nonpublic school meeting the requirements of Part 3 as identified by the Division of Nonpublic Education (Division). Adds and defines private school as a school meeting the requirements of Part 1 or Part 2 as identified by the Division. Makes conforming changes to GS 115C-562.4.

Amends GS 115C-562.2 to cap the amount to be awarded to home school students at up to $1,000. Funds are required under GS 115C-562.6 to be awarded at least two times each school year.

Limits the scope of GS 115C-562.5 (obligations of school accepting eligible students receiving scholarship grants) to private schools (Private Church Schools and Schools of Religious Charter, and Qualified Nonpublic Schools). Amends reporting requirements under GS 115C-562.7 to limit reporting the following topics to information on private schools: (1) schools deemed ineligible to receive scholarships and (2) learning gains or losses of students receiving scholarship grants. 

The above provisions are effective June 30, 2023, and apply to applications for scholarship grants beginning with the 2023-24 school year.

Effective July 1, 2024, further amends GS 115C-562.2 by increasing the cap on the scholarship grant amount that may be awarded to home school students to $2,000; effective July 1, 2025, increases that amount to $3,000; and effective July 1, 2026, increases that amount to 45% of the average State per pupil allocation for average daily membership in the prior fiscal year.

Appropriates $113 million for 2023-24 from the General Fund to the UNC Board of Governors to be allocated to the State Education Assistance Authority for the purposes of this act. Appropriates $225 million for 2023-24 and $337 million in additional recurring funds for 2024-25 from the General Fund to the Opportunity Scholarship Grant Fund Reserve, for the purposes of this act.

Amends GS 115C-562.8 by increasing the amounts appropriated from the General Fund to the Opportunity Scholarship Grant Fund Reserve starting in 2025-26 from $206,540,000 to $572,540,000 through 2032-33 and thereafter from $311,540,000 to $676,540,000. Effective July 1, 2023.

Includes whereas clauses.

Part I.

Encourages the NC State Bar Council to adopt a rule exempting full-time NCGA employees who are licensed attorneys from all continuing legal education requirements.

Part II.

Amends GS 84-34 to increase bar dues from $300 to: $325 in 2025, $350 in 2028, $375 in 2030, and $375 adjusted for inflation beginning in 2033 and thereafter. Requires members of the State Bar to notify the secretary-treasurer of the member's correct email address in addition to mailing address. Exempts members serving in the Armed Forces from paying bar dues for any year in which the member is on full-time active duty, including members of the National Guard and Reserves called to active duty beyond regularly scheduled monthly and annual trainings. Removes the specified timing for giving the name of members in arrears to the presiding superior court judge and for submitting the list to the Council.

Amends GS 84-18.1 by amending the amount of the fee that may be charged by a district bar to cap the amount at 50% of the amount of the membership fee for members of the State Bar (was, capped at the amount of the State Bar membership fee). Allows notices of meetings where district bar dues may be imposed or increased to be emailed or mailed. Also requires members to inform the secretary-treasurer of their correct email address. Makes conforming change.

Allows the State Bar to adopt temporary rules to implement Part II.

Part III.

Effective July 1, 2023.

Requires the Department of Health and Human Services, Division of Health Benefits (DHB), to submit by July 1, 2023, to the Centers for Medicare and Medicaid Services (CMS) any amendment to the 1115 waiver for Medicaid Transformation necessary for approval to effectuate the following changes related to BH IDD Tailored Plans: (1) beneficiaries may opt to remain in the Medicaid fee-for-service program (Medicaid Direct) for physical healthcare services when any of the beneficiary's healthcare providers are not contracted with the LME/MCO Tailored Plan network, if staying in Medicaid Direct is necessary as a reasonable accommodation of the beneficiary's need for continuity of care and (2) based on differing service arrays, available services, or provider networks, beneficiaries may opt into a BH IDD tailored plan operating outside of the region where they reside.

Requires DHB to report by August 1, 2023, to the specified NCGA committee with recommendations for promoting competition among local management entities/managed care organizations in a way that fosters innovation and leads to better care for Medicaid beneficiaries. Also requires inclusion of a copy of all State Plan amendments or other documents submitted to CMS in accordance with the above provision, and legislative changes needed.

Appropriates the following from the General Fund to the North Carolina Collaboratory for 2023-24 for research and programs related to per- and poly-fluoroalkyl substances (PFAS): (1) $20 million for programs related to management of aqueous film-forming foams (AFFF) containing PFAS used by local fire departments and for other PFAS-related research. Sets out the definition of local fire department and specifies five purposes for which these funds can be used and (2) $4 million in recurring funds for other PFAS research projects, prioritizing funding for a multiyear human exposure study related to PFAS in counties identified with higher than average PFAS exposure risks through inhalation, ingestion, and dermal exposure and setting out criteria for selecting participants. Requires the Collaboratory to report on the use of these funds and its PFAS research programs to the NCGA by January 15 of odd-numbered years; specifies information to be included in the report.

Appropriates $2 million in recurring funds for 2023-24 from the General Fund to the Collaboratory for water-related research for emerging compounds, water quality improvements, or other discretionary research deemed important to the State.

Requires the Commission for Public Health to review a specific report from the National Toxicity Program and studies reviewed in the report and relevant studies to assess the association between fluoride exposure and IQ in children. Requires the Commission to determine whether there is sufficient evidence for a link between fluoride in the public water supply and cognitive decline or other neurological detriment in children. Requires a report to the NCGA by February 1, 2024, including recommendations on specified issues. Provides that if the Commission determines there is a link, then the Department of Health and Human Services must create a list of water utilities (public and private) in the state, their fluoride concentration, the number of children or households to which they provide water, and any other pertinent information; also requires a ranking of the risk to children of the water supplied by each utility.

Amends Section 8.9 of SL 2021-180 to require that grants in the Collaboratory's research grant program for the specified UNC constituent institutions identified as historically Minority-Service Institutions be focused on areas within the Collaboratory's mission, as it is set forth in GS 116-255 (which establishes the Collaboratory, sets out its powers and duties and sets out funding conditions and restrictions), instead of specifying a mission.

Amends GS 116-255 by adding the following to the provisions governing funds received by the Collaboratory. Allows the Collaboratory to negotiate or impose revenue-sharing requirements for intellectual property developed through its research awards using State funds. Provides that funds appropriated by the NCGA to the Collaboratory do not revert but instead remain available until expended and do not apply to the carryforward limitation imposed on UNC constituent institutions.

Effective July 1, 2023.

Requires the Department of Health and Human Services (DHHS), Division of Health Benefits, no later than 90 days after this act becomes law, to submit the necessary documentation to the Centers for Medicare and Medicaid Services (CMS) for approval to remove the unearned income limit from the Health Coverage for Workers With Disabilities Medicaid eligibility category requirements. Requires the DHHS Secretary to notify the Revisor of Statutes of the effective date approved by CMS for the removal, if approved.

Amends GS 108A-66.1, concerning the Health Coverage for Workers with Disabilities Act (HCWD), as follows. Amends the eligibility requirements by removing the income limitation. Instead, provides that in determining an individual's countable income for purposes of HCWD, DHHS may not consider income that is disregarded under the Medicaid State Plan's financial methodology. Specifies that there are no unearned income limitations or resource limitations. Effective on the date approved by the Centers for Medicare and Medicaid Services for the removal of the unearned income limit and resource limitations for Health Coverage for Workers With Disabilities program eligibility, as required above. 

Appropriates $153,000 in recurring funds for each year of the 2023-25 biennium from the General Fund to DHB for a match for federal funds which are appropriated to DHB. Effective July 1, 2023.

Identical to S 645, filed 4/5/23.

Amends GS 115C-562.1, containing definitions applicable to scholarship grants, as follows. Amends the criteria to be an eligible student to require the child be enrolled in a nonpublic school, instead of a nonpublic school meeting the requirements of Part 1 (Private Church Schools and Schools of Religious Charter) and Part 2 (Qualified Nonpublic Schools) of Article 39 of GS Chapter 115C. Expands upon the definition of nonpublic school to include a school meeting the requirements of Part 3 (Home Schools), in addition to already included schools meeting the requirements of Parts 1 or 2. Adds and defines home school as a nonpublic school meeting the requirements of Part 3 as identified by the Division of Nonpublic Education (Division). Adds and defines private school as a school meeting the requirements of Part 1 or Part 2 as identified by the Division. Makes conforming changes to GS 115C-562.4.

Amends GS 115C-562.2 to cap the amount to be awarded to home school students at up to $1,000. Funds are required under GS 115C-562.6 to be awarded at least two times each school year.

Limits the scope of GS 115C-562.5 (obligations of school accepting eligible students receiving scholarship grants) to private schools (Private Church Schools and Schools of Religious Charter, and Qualified Nonpublic Schools). Amends reporting requirements under GS 115C-562.7 to limit reporting the following topics to information on private schools: (1) schools deemed ineligible to receive scholarships and (2) learning gains or losses of students receiving scholarship grants. 

The above provisions are effective June 30, 2023, and apply to applications for scholarship grants beginning with the 2023-24 school year.

Effective July 1, 2024, further amends GS 115C-562.2 by increasing the cap on the scholarship grant amount that may be awarded to home school students to $2,000; effective July 1, 2025, increases that amount to $3,000; and effective July 1, 2026, increases that amount to 45% of the average State per pupil allocation for average daily membership in the prior fiscal year.

Appropriates $113 million for 2023-24 from the General Fund to the UNC Board of Governors to be allocated to the State Education Assistance Authority for the purposes of this act. Appropriates $225 million for 2023-24 and $337 million in additional recurring funds for 2024-25 from the General Fund to the Opportunity Scholarship Grant Fund Reserve, for the purposes of this act.

Amends GS 115C-562.8 by increasing the amounts appropriated from the General Fund to the Opportunity Scholarship Grant Fund Reserve starting in 2025-26 from $206,540,000 to $572,540,000 through 2032-33 and thereafter from $311,540,000 to $676,540,000. Effective July 1, 2023.

Includes whereas clauses.

Enacts new GS 160A-499.6 prohibiting cities from adopting or enforcing ordinances, rules, or regulations that: (1) prohibit the use of residential property as a short-term rental; (2) prohibit the use of accessory dwelling units as short-term rentals; (3) limit the number of nights a property can be rented as a short-term rental; (4) require the owner of the short-term rental to occupy the property for any period of time during a rental to an occupant; (5) classify short-term rentals as a commercial use; or (6) limit the operation of a short-term rental marketplace. Allows a city to adopt an ordinance, rule, or regulation that regulates short-term rentals by: (1) requiring a lodging operator to obtain a permit to operate a short-term rental within the city's corporate limits and allows revocation of the permit for specified reason, and allows charging a permit fee; (2) as part of the lodging operator permitting process, limiting the number of occupants allowed to stay in a short-term rental; (3) as part of the lodging operator permitting process, restricting the number of occupant vehicles to one per bedroom; (4) restricting the location of short-term rentals to areas of the city zoned for residential use, and requiring that the property remains in compliance with residential zoning requirements; (5) requiring that short-term rentals comply with all applicable city ordinances and codes, including building codes and housing codes; (6) requiring that all contracts for short-term rentals include a copy of any city ordinances regulating noise, waste removal, and parking or, in the alternative, that the lodging operator provides to the occupants a written summary of those ordinances; (7) prohibiting the use of short-term rentals for any purpose other than that which is allowed in hotels, motels, and inns without the property owner's prior approval; or (8) requiring a lodging operator or authorized agent of a lodging operator be within a 50-mile radius of a short-term rental during the time that an occupant is staying in a short-term rental.

Defines short-term rental as all of the following that are offered to the public for a fee and for 90 days or less: (1) an individually or collectively owned single-family house or dwelling unit; (2) a unit in a condominium, timeshare, townhome, or accessory dwelling unit; and (3) an owner-occupied residential home. Also defines lodging operator and short-term rental marketplace.

Requires all departments, authorities, other State and local entities, and entities receiving and using State funds for any other purpose that use the development tier designations determined pursuant to GS 143B-437.08 for any purpose or program, including, but not limited to, taxes, the NC Development Farmland Preservation Trust Fund, the Spay and Neuter Program, the Abandoned Manufactured Home Cleanup Grants Program, the State Wastewater Reserve, the State Drinking Water Reserve, the Public Safety Assistance Points Grant Program, Oral Health Preventive Services, Medication Assistance, Qualified Allocation Plan for Low Income Housing Tax Credits, to discontinue the use of such designations by no later than July 1, 2025. Requires those entities to develop criteria to achieve each program's objectives to bs used in place of the development tiers and report to the specified NCGA division. Exempts the Department of Commerce (Department), the corporation with which the Department contracts pursuant to GS 143B-437.01 (industrial development fund utility account), and other entities working with the Department where the Department, the corporation, and the entities are using the development tier designations for economic development purposes. Requires the Department of Agriculture and Consumer Services, Department of Environmental Quality, Department of Information Technology, Department of Health and Human Services, NC Housing Finance Agency, Department of Transportation, and the Department of Revenue to independently develop criteria designed to achieve each program’s objectives to be used in place of development tier designations and report by July 1, 2024, on any recommended legislation and on the developed criteria to the Fiscal Research Division and to the specified NCGA committees. Permits the entities to use the last development tier designations published by the Department until the earlier of developed replacement criteria or July 1, 2025. Applies to determinations of annual rankings for calendar year 2024 and beyond.

Amends GS 143B-437.08 (development tier criteria) to define a development tier two county as one whose annual ranking is one of the 50 (was, 40) highest in the state. Requires population density to be measured using the most recent estimates of population. Automatically ranks a county with a population density of greater than 750 people per square mile as one of the 10 lowest counties. Requires reporting on both rural and low-wealth census tracts, in addition to other reporting requirements.

Includes whereas clauses.

Appropriates $5 million from the General Fund to the Office of State Budget and Management for 2023-24 for a directed grant to Mecklenburg County for the repair and improvement of orphan roads in non-municipal areas of the County.

Requires the Department of Transportation to make necessary improvements to Grand Palisades Parkway for acceptance of a subdivision street, after which the Departmemt must accept the Parkway into the State highway system for maintenance. Appropriates $750,000 from the Highway Fund to the Department for 2023-24 to make these improvements.

Effective July 1, 2023.

Includes whereas clauses. Establishes a moratorium on the consideration of permit applications and the issuance of permits for wind energy facilities located in the territorial coastal waters of the State (as defined) due to the potential for adverse impacts to the State's coastal resources. Prohibits State agencies from issuing permits for a wind energy facility in the State's territorial coastal waters from July 1, 2023, to July 1, 2033.

Requires the NCGA to Study the impacts from wind energy facilities already sited in other states' coastal waters and any impacts of the facilities to those states' coastal resources.

Part I.

Amends GS 17C-20 to open up eligibility for the Criminal Justice Fellows Program (Program) to all counties (was, tier one counties with a population of less than 125,000).

Appropriates $663,579 in recurring funds for 2023-24 from the General Fund to the Department of Justice to be allocated to the Program for continued recruitment of qualified in-state high school seniors or unemployed/underemployed graduates and to provide them with a forgivable community college loan. Effective July 1, 2023.

Part II.

Amends GS 15A-401(d)(2), which sets out when a law-enforcement officer is justified in using deadly physical force, by making the following changes. Adds that the use of deadly force includes strangleholds, chokeholds, lateral vascular neck restraints, carotid restraints, or any other tactics that restrict oxygen or blood flow to the head or neck. Requires in all circumstances in which a law-enforcement officer uses force of any kind, that a law-enforcement officer use the minimum amount of force reasonably necessary to accomplish the law-enforcement action and attempt to use de-escalation tactics.

Enacts new GS 20-196.6 requiring every State Trooper to have a first aid kit and perform the following when a person in a State Trooper's custody is injured or complains of an injury: (1) render immediate, reasonable medical assistance when it is safe to do so and (2) contact emergency medical services when appropriate. 

Enacts new GS 20-196.8 requiring the State Highway Patrol to use and submit all available data to the National Incident-Based Reporting System, which must be made available to the public on the State Highway Patrol's website.

Enacts new GS 20-196.10 requiring State Troopers to use body-worn and dashboard cameras in all interactions with members of the public, including, but not limited to: traffic stops, pursuits, arrests, searches, interrogations not covered under GS 15A-211, interviews with victims and witnesses, and  interactions with inmates of a State correctional facility or local confinement facility. Specifies that this does not apply during undercover operations.

Enacts new GS 74E-10.1, GS 74E-10.5, and GS 74E-10.6 enacting the same provisions, applicable to a company police agency. Amends the specified instances in which body-worn and dashboard cameras are to be used to include arrests, searches, interrogations not covered under GS 15A-211, and interviews with victims and witnesses.

Enacts new GS 74G-10.1, GS 74G-10.3, and GS 74G-10.5 enacting the same provisions, applicable to a campus police agency. Amends the specified instances in which body-worn and dashboard cameras are to be used by including all interactions listed for State Troopers except interactions with inmates of a State correctional facility or local confinement facility.

Enacts new GS 143B-927.1, GS 143B-927.3, and GS 143B-927.5 enacting the same provisions, applicable to the SBI, with the following changes. Requires the SBI to make publicly available law enforcement officer use of force information requested by the Department of Justice pursuant to GS 114-2.7A (other entities in the Part have been required to report such information to the SBI). 

Enacts new GS 153A-213 through GS 153A-213.5 enacting the same provisions, applicable to county law enforcement officers.

Enacts new GS 160A-290 through GS 160A-290.5, applicable to city law enforcement officers. 

Effective October 1, 2023.

Part III.

Amends GS 143B-919 by adding the following. Requires an independent entity to conduct the investigation under the statute involving employee of the SBI. Requires reporting an incident that the SBI would required to investigate under this statue, within 24 hours; makes a law enforcement agency that fails to report ineligible for funds from the Governor's Crime Commission and the Governor's Highway Safety Program until the required report is delivered to the SBI. Repeated failure to report will result in ineligibility for those funds for two years. Requires prosecutions under these provisions to be performed by a Special Prosecutor. Effective October 1, 2023.

Part IV.

Enacts new GS 114-2.7A requiring DOJ, in consultation with the Department of Public Safety, the North Carolina Sheriffs' Association, and the North Carolina Association of Chiefs of Police, to develop a uniform definition of law enforcement officer use of force and determine a standard set of data on use of force to be regularly reported to the SBI. Requires all law enforcement agencies in the state to provide the SBI with the information DOJ requires. Requires the SBI to make the information collected on use of force publicly available.

Enacts new GS 114-2.7B. requiring all law enforcement agencies in the state to use and submit all available data to the National Incident-Based Reporting System. Requires this data to be publicly available on the law enforcement agency's website.

Enacts new GS 114-2.7C to require all sworn law enforcement officers with the power of arrest to use body-worn and dashboard cameras in all interactions with members of the public, including, but not limited to: traffic stops, pursuits, arrests, searches, interrogations not covered under GS 15A-211, interviews with victims and witnesses, and interactions with inmates of a State correctional facility or local confinement facility. Specifies this does not apply during undercover operations. Gives the law enforcement entities until October 1, 2022, to comply with this section.

Effective October 1, 2023.

Part V.

Amends GS 15A-242 by making clarifying changes.

Amends GS 15A-244 by adding in new (b) that for an officer to be able to break and enter any premises or vehicle in the execution of a search warrant pursuant to GS 15A-251(b) (when the officer has probable cause to believe that the giving of  notice would endanger the life or safety of any person) the application for a search warrant must contain, in addition to the already required elements:(1) a statement that there is probable cause to believe that the giving notice of the execution of the search warrant would endanger the life or safety of any person; (2) allegations of fact particularly setting forth the facts and circumstances establishing probable cause to believe that the giving of notice of the execution of the search warrant would cause such endangerment. Makes additional clarifying changes.

Amends GS 15A-251 by amending one of the two circumstances under which an officer may break and enter any premises or vehicle when necessary to execute a warrant, to include when the warrant includes the statement and allegations of fact required by GS 15A-244(b) (was, when the officer has probable cause to believe that the giving of notice would endanger the life or safety of any person). 

Makes clarifying changes to the following statutes and makes language gender neutral: GS 15A-245, GS 15A-246, GS 15A-247, GS 15A-249, GS 15A-253, GS 15A-254, and GS 15A-255. 

Effective October 1, 2023.

Part VI.

Appropriates $134,540 in recurring funds for each year of the 2023-25 fiscal biennium from the General Fund to the Criminal Justice Education and Training Standards Commission to hire one full-time program manager to continue the development and implementation of the North Carolina Law Enforcement Accreditation Program (Program). Makes the same appropriation to the Sheriffs' Education and Training Standards Commission to continue the development and implementation of the same Program. Makes law enforcement agencies in the state that fail to become accredited under the Program ineligible for funds from the Governor's Crime Commission or the Governor's Highway Safety Program. Requires the Program to require accredited agencies to have written policies on each of the following: use of force, chokeholds, duty to intervene and report, vehicle pursuits, early warning systems, field training programs, and professional standards and conduct. Effective July 1, 2023.

Part VII.

Appropriates $500,000 from the General Fund to the Department of Justice in recurring funds for each year of the 2023-25 fiscal biennium for grants to organizations that provide and promote: (1) peaceful strategies to help communities promote public safety; (2) violence prevention programs that treat violence as a public health program; and (3) services such as mediation, mentoring, job training, and counseling to vulnerable populations. Effective July 1, 2023.

Part VIII.

Amends GS 90-95(d)(4) making possession of a controlled substance classified in Schedule VI (marijuana and tetrahydrocannabinols) an infraction, rather than a Class 3 or Class 1 misdemeanor based on quantity. Maintains that if the quantity possessed exceeds one and one-half ounces of marijuana or three-twentieths of an ounce of hashish, or any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana, the offense is punishable as a Class I felony. Effective December 1, 2023, and applies to offenses committed on or after that date.

Enacts GS 15A-145.8B to establish automatic expunction for misdemeanor possession of marijuana or hashish convictions by December 1, 2025. Directs the clerk of superior court to determine which cases meet the criteria for expunction, order expungement for each case finalized in his or her court, and forward the petition to the Administrative Office of the Courts (AOC). Provides for the effect of the expungement regarding liability for failure to acknowledge any expunged entries concerning apprehension, charge, or trial. Additionally requires the court to order the conviction order expunged to be expunged from the records of the court and direct law enforcement agencies bearing record of the same to expunge their records of the conviction. Requires the clerk to notify State and local agencies of the court's order pursuant to state law, excluding DNA records and samples stored as specified. Provides for expungement of related records from any other State or local government agency, and reversal of any administrative action taken against a person whose record is expunged as a result of the charges or convictions expunged. Effective December 1, 2023.

Part IX.

Directs the UNC-Chapel Hill School of Government (SOG) to study (1) which Class 3 misdemeanor offenses have a low impact on public safety, (2) whether the offenses should be reclassified as infractions, and (3) whether low-level traffic offenses should be moved to the Administrative Code and enforced as civil violations by the Division of Motor Vehicles or the Department of Public Safety. Requires consultation with the NC Sentencing and Policy Advisory Commission. Requires SOG to report to the specified NCGA committee by March 7, 2024. 

Part X.

Appropriates $4.2 million in recurring funds from the General Fund for each fiscal year of 2023-25 to AOC to be used to support the NC Drug Treatment Court Program in creating and sustaining local drug treatment court programs.

Appropriates $4.2 million in recurring funds from the General Fund for each fiscal year of 2023-25 to AOC to be used to facilitate the creation and funding of new and existing mental health court programs to recommend mental health treatment plans for individuals served by the programs and monitor the progress of the individuals receiving treatment while remining in the program.

Effective July 1, 2023.

Part XI.

Amends GS 7B-1501 and GS 143B-805 by amending the definitions of delinquent juveniles and undisciplined juveniles by increasing the minimum age of the juvenile from 10 to 12.

Repeals GS 7B-1903(f) effective four years from the date this act becomes law. Subsection f provides that if the court finds that there is a need for an evaluation of a juvenile for medical or psychiatric treatment under subsection (b) (which allows the court to order secure custody only where the court finds there is a reasonable factual basis to believe that the juvenile committed the offense as alleged in the petition, and that one of the specified circumstances exists) and that juvenile is under age 10 and does not have a pending delinquency charge, the law enforcement officer or other authorized person assuming custody of the juvenile must not use physical restraints during the transport of the juvenile to the place designated in the order, unless in the discretion of the officer or other authorized person, the restraints are reasonably necessary for the safety of the officer, authorized person, or the juvenile.

Amends GS 7B-2102 to require a law enforcement officer or agency to fingerprint and photograph a juvenile (was, a juvenile who was 10 years of age or older) at the time the juvenile allegedly committed a nondivertible offense, when a complaint has been prepared for filing as a petition and the juvenile is in physical custody of law enforcement or the Division. Makes additional conforming changes, including those conforming to the new definition of delinquent juvenile.

Makes conforming changes to GS 7B-2513. 

Amends GS 7B-2509 to allow the court in any case in which a juvenile, who was at least 12 (was, at least 11) years old at the time of the offense, is adjudicated delinquent for committing a violation of GS 14-27.6 (attempted rape or sexual offense), GS 14-27.21 (first-degree forcible rape), GS 14-27.22 (second-degree forcible rape), GS 14-27.24 (first-degree statutory rape), GS 14-27.26 (first-degree forcible sexual offense), GS 14-27.27 (second-degree forcible sexual offense), or GS 14-27.29 (first-degree statutory sexual offense), the judge, upon a finding that the juvenile is a danger to the community, may order that the juvenile register in accordance with Part 4 of Article 27A of GS Chapter 14. 

Part XII.

Enacts GS 115C-105.70, defining school resource officer (SRO) as any law enforcement officer assigned to one or more public schools within a public school unit for at least 20 hours per week for more than 12 weeks per calendar year. Provides that SROs are to assist with school safety, school security, emergency preparedness, emergency response, and any other related and assigned responsibilities, consistent with any written memorandum of understanding between the public school unit and the law enforcement agency governing the SRO. Directs the NC Criminal Justice Education and Training Standards Commission and the NC Sheriffs’ Education and Training Standards Commission (Commissions) to establish initial training and continuing education standards for SROs, in collaboration with the Center for Safer Schools. Requires training on mental health, students with disabilities, racial equity, and crises intervention and de-escalation. Directs SROs to comply with the established training standards within one year of assignment, and requires all SROs to comply with the established continuing education requirements. Applies to SROs assigned on or after January 1, 2024.

Makes conforming changes to each Commission’s duties set forth in GS 17C-6 and 17E-4 to include the duty to establish training and continuing education standards for SROs. Requires the Commissions to establish initial training standards by January 15, 2024.

Requires all SROs assigned before January 1, 2024, to complete initial training by December 31, 2024.

Enacts GS 7B-1802A, requiring an SRO to obtain the signature of a school administrator or school social worker for school-based complaints alleging delinquency initiated prior to referring the complaint to a juvenile court counselor or filing the complaint. Defines school-based complaint as a complaint in which delinquency is alleged to have occurred on school grounds, school property, at a school bus stop, or at an off-campus school-sanctioned event, or whose victim is identified as a school. Requires all school administrators, SROs, and school social workers to be trained regarding these provisions. Applies to school-based complaints initiated on or after January 1, 2024, by an SRO.

Part XIII.

Revises Part 2A, Article 81B, of GS Chapter 15A, now titling the Part as Sentencing and Parole Eligibility for Certain Minors (was Sentencing for Minors Subject to Life Imprisonment Without Parole).

Replaces the provisions of GS 15A-1340.19B, which provide for penalty determination, to instead provide as follows. Requires a defendant convicted of first degree murder who was under the age of 18 at the time of the offense to be sentenced to life imprisonment with parole and eligible for parole consideration after serving 25 years imprisonment (previously, the court was authorized to hold a hearing to order life imprisonment without parole). Adds that a defendant who was convicted of a crime other than first degree murder while the defendant was under 18 at the time of the offense and sentenced to more than 15 years imprisonment is eligible for parole consideration after serving 15 years imprisonment.

Amends GS 15A-1340.19D to provide that defendants eligible for parole consideration under Part 2A, as amended, are subject to the conditions and procedures for parole set forth in Article 85, including notifications required under GS 15A-1371(b)(3) (which includes notification of the victim’s immediate family who have requested notification, and newspapers and media as reasonable). Sets the term of parole for a person released under Part 2A, as amended, at five years, which cannot be terminated earlier by the Post-Release Supervision and Parole Commission. Requires serving five years upon returning to confinement before a defendant paroled under the Part who violated parole and is returned to prison to serve the remainder of the sentence to be eligible for parole.

Makes conforming repeals of the remaining language in the Part in GS 15A-1340.19A and 15A-1340.19C.

Makes conforming changes to GS 15A-1340.13, which requires sentenced offenders to serve the minimum term imposed.

Amends GS 15A-1371, which provides for parole eligibility, consideration, and refusal, to deem a prisoner sentenced under the Fair Sentencing Act who was 18 at the time of the offense eligible for parole consideration after completion of 20 years imprisonment.

Applies to offenses committed on or after December 1, 2023.

Part XIV.

Amends GS 15A-534 to prohibit judicial officials from imposing a bond secured by a cash deposit as a condition of pretrial release pursuant to subdivision (a)(4) if no charge against the defendant is more severe than a Class 1, 2, or 3 misdemeanor, unless the judicial official makes written findings that the defendant will pose a danger of injury to any witness. Provides that when conditions of pretrial release are being imposed on a defendant who has failed to appear to answer one or more charges to which the conditions apply, and there are no conditions recommended in any order for arrest for the defendant’s most recent failure to appear, that the judicial official must require the execution of secured appearance bond (no longer specifying that the bond amount must be at least double that of the most recent previous bond for the charges, or if not applicable, at least $1,000). Makes clarifying and technical changes. Makes language gender-neutral. Applies to conditions of pretrial release imposed on or after October 1, 2023.

Part XV.

Enacts GS 20-24.1(g) to require the Division of Motor Vehicles (Division) to restore a license 12 months after the effective date of revocation pursuant to subsection (a) for either failing to appear at trial or a hearing or to pay court-ordered fines, penalties, or other court costs for motor vehicle offenses; excludes revocation orders entered resulting from a charge of impaired driving. Repeals existing subsection (f), which permits application to a court for a limited driving privilege valid for up to one year for licenses revoked due to failure to pay court-ordered fines, penalties, or other court costs for motor vehicle offenses. Makes conforming and clarifying changes. Makes language gender-neutral.

Adds to GS 20-7 to authorize the Division to waive license restoration fees and other service fees if the Commissioner of Motor Vehicles finds that the license holder has shown good cause for not being able to pay the fine.

Directs the Division to automatically restore any driver's licensed suspended for failure to pay after 12 months, except for offenses involving impaired driving.

Effective October 1, 2023.

Part XVI.

Amends GS 15A-601 to specify any defendant charged with a misdemeanor under a magistrate's order or by criminal process who is held in custody to have a first appearance before a district court judge has the right to counsel. Requires a defendant's first appearance before a district court judge to be held at the earlier of the first regular session of the district court in the county or within 48 hours after the defendant is taken into custody (previously, alternatively within 72 hours after taken into custody). Makes conforming changes regarding the clerk's authority to conduct the first appearance if the district court judge is unavailable within this period. Adds that the defendant has the right to counsel at his or her first appearance before a district court judge for crimes in the original jurisdiction of superior court (governed by subsection (a)). Makes technical changes and language gender-neutral.

Further amends GS 15A-534 by Eliminating the provision governing the judicial official's authority regarding the determination of the conditions of pretrial release for a defendant who is charged with an offense who is currently on pretrial release for a prior offense.

Enacts GS 15A-534.8 to require a defendant who remains in custody due to imposed conditions of pretrial release following an initial appearance to be brought before a district court judge for a preventative detention hearing within five days of the initial appearance. Requires that the hearing be separate from the defendant's first appearance. Provides for counsel at the hearing, with counsel provided at the expense of the State if the defendant is found to be indigent. Provides for the defendant to present evidence and testimony at the hearing to determine whether the pretrial conditions are necessary to ensure the safety of any person, with the State given the opportunity to respond, present evidence, and examine witnesses. Requires a judge to set new conditions if the judge finds by clear and convincing evidence that the imposed conditions are not necessary to reasonably prevent injury to any person, or to make written findings as to why the continued detention is necessary if the judge does not rule in favor of the defendant, with conditions continued unless lawfully modified.

Effective October 1, 2023, and applies to conditions of pretrial release imposed on or after that date.

Part XVII.

Directs the Administrative Office of the Courts (AOC) to automatically enroll all criminal defendants into its court date reminder system. Requires criminal defendants to be allowed to opt out of the automatic enrollment by using a process developed by AOC, which must be developed and implemented by December 1, 2023. Effective December 1, 2023, and applies to criminal defendants arrested on or after that court date.

Enacts GS 15A-306 to require persons who fail to appear as required by a citation or other criminal process served pursuant to the Article to have 20 calendar days from the missed court date to contact the clerk of superior court to request a new court date. Mandates that such action requires the clerk to strike the person's failure to appear and any order for arrest or fines related to the failure to appear, and the clerk to provide a new court date in the case. Limits new court dates in criminal cases pursuant to these provisions to one. Effective October 1, 2023, and applies to failures to appear in court on or after that date.

Part XVIII.

Revises and expands the qualifications for indigent defense under GS 7A-451. Now provides for indigent defense in any case in which (1) a felony or misdemeanor is charged (was, limited to cases in which imprisonment, or a fine of $500 or more, is likely to be adjudged) or (2) for motions for appropriate relief if appointment of counsel is authorized by law and the defendant has been convicted of a felony, has been fined $200 (was, $500) or more, or has been sentenced to a term of imprisonment, among other existing eligibility criteria. Effective October 1, 2023.

Appropriates $1.18 million in recurring funds from the General Fund to the Office of Indigent Defense Services, Private Assigned Counsel Fund, for each fiscal year of 2023-25 to fund the increased need of appointed counsel due to the expansion of eligibility. Effective July 1, 2023.

Part XIX.

Revises Article 1 of GS Chapter 9 regarding preparation of jury lists and drawing of panels as follows.

Amends GS 9-2, as amended, to require the jury commission to annually prepare a master list of qualified prospective jurors to serve on January 1 of the next year (previously provided for biennium lists, or upon request of the senior resident superior court judge, annually). Makes conforming changes.

Makes a clarifying change to GS 9-4 to refer to the clerk of superior court's duty to maintain the master jury list.

Makes conforming changes to GS 20-43.4 regarding the list of currently licensed drivers that must be provided by the Commissioner of Motor Vehicles (Commissioner) to each county jury commission, now annually. Now requires the list to include the driver's race. Enacts subsection (b1) to require the raw data of date of birth, sex, and race to be used to develop the list provided by the Commissioner to be made available for analysis by clerks of court, jury commissions, and the public. Makes conforming changes.

Further amends GS 9-2, enacting subsection (l) to require the data of date of birth, sex, and race to be compiled by each county as public records for master jury lists, lists of jurors summoned, lists of jurors that have served, lists of jurors that have been excused, lists of jurors that have been disqualified, and lists of jurors whose service has been deferred. Applies to lists prepared on or after October 1, 2023.

Part XX.

Enacts GS 153A-221.2 to subject local confinement facilities to the requirements of new Article 83A, GS Chapter 15A.

Part XXI.

Includes a severability clause.

Adds the following terms to the definitions section of state public utilities law (GS 62-126.3) affordable housing unit, critical infrastructure, and Tier 1,2, or 3 counties. Amends GS 62-126.8 (pertaining to community solar energy facilities) as follows. Requires each offering utility to file a plan with the NC Utilities Commission (NCUC) and offer a community solar energy facility program for participation by its retail customers. customers in counties designated as Tier 1 or Tier 2, as annually determined by the North Carolina Department of Commerce, and affordable housing units in Tier 3 counties. So long as participating retail customers meet one such designation in the initial program year, they need not be recertified for subsequent program years. (Currently, just need to file a plan regarding solar energy facility program for retail customers.) Provides that the community solar energy facility program will be designed so that each community solar energy facility offsets the energy use of not less than five subscribers and no single subscriber has more than a 40% interest, except for community solar energy facilities that are connected to buildings designated as critical infrastructure and with the capability to support such buildings in the event of grid failure. Buildings designated as critical infrastructure may have up to a 75% interest in a community solar energy facility. (Currently, no exception for critical infrastructure exists.) Removes the nameplate generating capacity limits. Requires community solar energy facilities to be interconnected with the offering utility’s distribution system. Deletes provisions limiting where the solar energy facilities must be located and just restricts it to the service territory of the offering utility. Deletes provisions requiring solar utility providers to credit  subscribers at the avoided cost rate and replaces it with a just and reasonable rate determined by NCUC. Amends the solar energy facility program requirements to include a program implementation schedule to fully subscribe to the program as soon as possible and deletes hold harmless provisions. Specifies that existing community solar energy facilities may participate in the community solar energy facility program. Effective October 1, 2023.

Part I.

Requires the Department of Justice (DOJ) to assist law enforcement agencies seeking grant funds by alerting law enforcement agencies to available grant funds and assisting law enforcement agencies with drafting and submitting grant proposals and applications. Appropriates $200,000 in recurring funds for each year of the 2023-25 biennium from the General Fund to DOJ to hire two full-time grant writers. Effective July 1, 2023.

Appropriates $250,000 in recurring funds for each year of the 2023-25 fiscal biennium from the General Fund to DOJ to award grants to law enforcement agencies for initiatives supporting community policing. Effective July 1, 2023.

Appropriates $500,000 in recurring funds for 2024-25 from the General Fund to DOJ to be used for grants: (1) provided to law enforcement agencies to be awarded to law enforcement officers exhibiting exemplary service and (2) awarded to law enforcement agencies for meeting racial or gender diversity benchmarks. Caps grant awards at $10,000. Effective July 1, 2024.

Amends GS 15A-401(d), which sets out when a law-enforcement officer is justified in using deadly physical force, by making requiring in all circumstances in which a law enforcement officer uses force of any kind, that the law-enforcement officer use the minimum amount of force reasonably necessary to accomplish the law-enforcement action and attempt to use de-escalation tactics. Effective October 1, 2023.

Requires the Attorney General, in consultation with the North Carolina Sheriffs' Association and the North Carolina Association of Chiefs of Police, to develop uniform use-of-force policies that may be adopted by all law enforcement agencies in the state. Requires the policies to be submitted to the specified NCGA committee by December 1, 2024, published on DOJ's website, and distributed digitally to all law enforcement agencies in the state.

Amends GS 17C-6 to also give the North Carolina Criminal Justice Education and Training Standards Commission the power to (1) establish the minimum age requirement for qualification for entry level employment as a criminal justice officer, which must not be less than age 21; (2) establish minimum mental health screening protocols that must be met in order to qualify for entry level employment and retention as a criminal justice officer in temporary or probationary status or in a permanent position--requires standards for entry level employment to include a psychological screening within one year prior to certification; and (3) establish minimum annual mental health screening protocols for criminal justice officers, including additional screenings following a traumatic event. 

Amends GS 17C-13 to allow the North Carolina Criminal Justice Education and Training Standards Commission access to a person's misdemeanor conviction records and allow the Commission to deny, suspend, or revoke a person's certification based solely on that person's conviction of four or more misdemeanors.

Amends GS 17E-4 to also give the North Carolina Sheriffs' Education and Training Standards Commission the power to (1) establish the minimum age requirement for qualification for entry level employment as an officer, which must not be less than age 21; (2) establish minimum mental health screening protocols that must be met in order to qualify for entry level employment and retention as an officer in temporary or probationary status or in a permanent position--requires standards for entry level employment to include a psychological screening within one year prior to certification; and (3) establish minimum annual mental health screening protocols for officers, including additional screenings following a traumatic event. 

Amends GS 17E-12 to allow the North Carolina Sheriffs' Education and Training Standards Commission access to a person's misdemeanor conviction records and allow the Commission to deny, suspend, or revoke a person's certification based solely on that person's conviction of four or more misdemeanors.

The above provisions are effective January 1, 2024.

Appropriates $1 million in recurring funds for each year of the 2023-25 biennium from the General Fund to the DOJ for grants to law enforcement agencies to pay for the required mental health screenings. Effective July 1, 2023.

Appropriates $1 million in recurring funds for each year of the 2023-25 biennium from the General Fund to DOJ for grants to law enforcement agencies to temporarily provide funding for detectives or other investigative law enforcement positions in order to aid in the investigation of person crimes that would constitute a charge of a Class D felony or higher. Effective July 1, 2023.

Appropriates $250,000 in recurring funds from the General Fund to the North Carolina Justice Academy for each year of the 2023-25 biennium to expand its ability to serve law enforcement agencies of the state by providing more opportunities to attend courses and trainings. Appropriates $250,000 in nonrecurring funds from the General Fund to the North Carolina Justice Academy for each year of the 2023-25 biennium to expand its ability to offer online courses for law enforcement agencies to allow for greater statewide participation in Academy courses and training. Effective July 1, 2023.

Requires the North Carolina Justice Academy and the North Carolina Community College System to develop a memorandum of understanding to allow community colleges to provide training and education to those trained and educated by the Academy to alleviate travel time and related costs. Requires the MOU to be submitted to the specified NCGA committee by October 1, 2023.

Appropriates $250,000 in recurring funds from the General Fund to the DOJ for each year of the 2023-25 biennium to further develop, maintain, and staff the North Carolina Law Enforcement Accreditation Program. Effective July 1, 2023.

Amends GS 17C-20 to open up eligibility for the Criminal Justice Fellows Program (Program) to all counties (was, counties with a population of less than 200,000).

Amends GS 17C-22 to expand upon the Program's purpose to also include forgivable loans for obtaining a Bachelor's Degree or an NC Basic Law Enforcement Training Program certificate of completion. Expands term of eligibility to allow loans to be provided for up to four years (was, up to two years). Sets out requirements for recipients of loans for these degrees and certificates, including employment requirements post graduation. Makes conforming changes. Amends GS 17C-23 by making conforming changes to loan terms and disbursement of funds. Gives recipients up to 120 months to repay all funds distributed, including interest, received in pursuit of a Bachelor's Degree and 60 months for those in pursuit of an applied associate degree in Criminal Justice or Committee-approved field of study or Basic Law Enforcement Training Program certificate of completion. 

Appropriates $63,000 in recurring funds for each year of the 2023-25 biennium from the General Fund to the NC Criminal Justice Fellows Program to hire a full-time loan administrator. Effective July 1, 2023.

Amends GS 15A-401 to require the State's law enforcement agencies to designate specially trained law enforcement officers to be a part of an agency Crisis Intervention Team trained in determining whether a person is experiencing a mental or behavioral health crisis and what methods are available to de-escalate or otherwise safely engage in interactions with the person. Requires the establishment of the team by December 1, 2025, in order to remain eligible for Governor's Crime Commission grants. 

Appropriates $250 million from the General Fund to DOJ for 2023-24 for grants for the Crisis Intervention Team training. Effective July 1, 2023. 

Appropriates $500,000 for 2023-24 from the General Fund to the Criminal Justice Education and Training Standards Commission to implement the NC STAR Pilot Program. Specifies that the funds do not revert until June 30, 2025. Requires the Criminal Justice Education and Training Standards Commission to manage the NC STAR Pilot Program and develop guidelines and procedures to administer the program and distribute grants. Sets the purpose of the Program as helping city and town police departments provide alternative responses to citizens in crisis. Requires each local Support Team Assisted Response (STAR) program receiving a grant under the Program to allow for the response of behavioral and medical health personnel to nonviolent situations deemed appropriate by the city or town police department. Requires, at least, that those responding to citizens on behalf of each local STAR program be equipped to provide individuals with information regarding shelter, food aid, counseling, and medication. Makes all city and town police departments in the State are eligible for grants. Sets out required grant application information and criteria to be used when awarding grants. Caps grant amounts at $50,000 per eligible grant recipient. Sets out the amount that may be used for Program administration. Requires the Criminal Justice Education and Training Standards Commission, in consultation with each police department receiving N.C. STAR Pilot Program funds, to report to the specified NCGA committee in 2024, 2025, and 2026 on the specified items related to local STAR programs. Effective July 1, 2023.

Part II.

Reenacts GS 14-402 and makes the following changes. Makes it illegal for any private person (was, person, firm, or corporation) to sell, give away, or transfer, or to purchase or receive a pistol from a person other than a federally licensed firearm dealer (was, any pistol, without indicating the source), without a pistol purchase permit from the State Bureau of Investigation (was, sheriff of the county where the purchaser resides) or a valid concealed handgun permit. Defines private person as a person, firm, or corporation who is not a federally licensed firearm dealer acting in accordance with federal law. Makes an exception to the prohibition on receiving a pistol through the mail for a person with documentation demonstrating that they are a federally licensed firearm dealer.

Amends GS 14-403 to make the State Bureau of Investigation, instead of the sheriff, responsible for issuing pistol purchase permits. Makes conforming changes to GS 14-404 and no longer requires consultation with the North Carolina Sheriff's Association in developing the permit application form. Makes conforming changes to GS 14-405 and 14-407.1. Makes conforming changes to GS 14-408.1 and also replaces references to "licensed dealers" with "federally licensed firearm dealers."

Reenacts GS 14-315(b1)(1), which includes as a defense to the prohibition on selling or giving a firearm to a minor that the person shows that the minor produced an apparently valid permit to receive the weapon. 

Reenacts GS 122C-54(d2) to give the State Bureau of Investigation access to records of involuntary commitment for mental health or substance abuse treatment for background checks under GS 14-404.

If H 50 (Pistol Purchase Permit Repeal) or substantially similar legislation becomes law, adds new Article 53D, Universal Background Check, to GS Chapter 14, providing as follows. Prohibits a federally licensed firearm dealer from selling, transferring, or delivering a firearm to a private person without conducting a background check that includes verifying the private person's identity by examining a government-issued identification card and conducting a check through the National Instant Criminal Background Check System. Makes it illegal for the following person to possess a firearm: (1) under an indictment or information for, or has been convicted in any state or in any court of the United States of, a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade); (2) fugitive from justice; (3) unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug; (4) adjudicated mentally incompetent or has been committed to any mental institution; (5) alien illegally or unlawfully in the United States; (6) discharged from the US Armed Forces under dishonorable conditions; (7) has renounced his or her US citizenship; (8) subject to a court order that was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate, that restrains the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, and that includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child, or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury. Makes it illegal for a federally licensed firearm dealer to sell, transfer, or deliver a firearm to another person if the background check reveals that possession by the person would violate the law or if the dealer knows or has reason to know that the person is prohibited from possessing a firearm. Specifies that a transferor is not prevented from removing a firearm from the licensed dealer's premises if the background check indicates that the transferee is prohibited from possessing or receiving firearms. Makes it a Class F felony for a federally licensed firearm dealer to sell, transfer, or deliver a firearm to a person in violation of this Article, or any person to provide materially false information to the dealer with the intent of illegally obtaining a firearm.

Makes it illegal for a private person to transfer a firearm to another without conducting a background check through a federally licensed firearm dealer and the firearm dealer verifying that the transfer is not illegal. Defines transfer. Sets out exceptions for transactions involving specified family members and guardians. Violations are a Class F felony. Applies to transfers of firearms occurring on or after December 1, 2023. 

Amends GS 14-315.1 by increasing the penalty for a person who resides with a minor to leave a firearm in a condition that it can be discharged and in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, from a Class 1 misdemeanor to a Class D felony. Adds a Class D felony for a person residing with an unauthorized person to own or posses a firearm and store or leave it without securely locking it or rendering it incapable of being fired, if the unauthorized person accesses the firearm and: (1) possesses it in violation of the specified law; (2) exhibits it in a public place in a careless, angry, or threatening manner; (3) causes personal injury or death that is not in self-defense; or (4) uses the firearm in the commission of a crime. Defines unauthorized person as one who is not authorized to purchase a firearm under State or federal law. Makes conforming changes. Applies to offenses committed on or after December 1, 2023.

Amends GS 105-164.13 by exempting from sales tax equipment designed to prevent unauthorized access to firearms, including a device designed to prevent the firearm from being operated without first deactivating the device, or a gun safe, case, lock box, or other device designed to prevent access to a firearm by any means other than a key, a combination, biometric data, or similar means. Applies to sales made on or after October 1, 2023.

Enacts new GS Chapter 50E, the Extreme Risk Protection Orders Act, providing a court procedure for concerned citizens and law enforcement to obtain an order temporarily restricting a person's access to firearms in situations where a person poses a significant danger of harming themselves or others by possessing a firearm. Includes related legislative findings. Sets out defined terms applicable to the Chapter.

Allows either a family or household member or a law enforcement officer or agency to file a verified petition in district court for an Extreme Risk Protection Order (ERPO) in any county authorized by the venue provisions set out in GS 1-82 (most commonly where the plaintiff or defendant resides). Defines family or household member to be (1) a person related by blood, marriage, or adoption to the respondent; (2) a dating partner of the respondent; (3) a person who has a child in common with the respondent; (4) a domestic partner of the respondent; (5) a person who has a biological or legal parent-child relationship with the respondent, including stepparents, stepchildren, grandparents, and grandchildren; and (6) a person who is acting or has acted as the respondent's legal guardian. Sets out information required in the petition, including: (1) a factual allegation that the respondent poses a danger of physical harm to self or others (and in the case of an ex parte ERPO, poses an imminent danger of physical harm to self or others) by having in his or her care, custody, possession, ownership, or control a firearm; (2) an identification of the number, types, and locations of firearms under the respondent's custody or control; (3) an identification of any existing protection order governing the respondent; and (4) an identification of any pending legal action between the petitioner and the respondent. Requires an ERPO petition to be accompanied by a written statement made by a witness that states specific facts supporting the allegation in the petition along with the witness's name and relationship to the petitioner, or an audio and visual recording of the incident the petitioner is using as the basis for the ERPO.

Clarifies that a petition for an ERPO can be granted without delay regardless of whether there is pending action between the petitioner and the respondent. Provides for a petitioner to use the substitute address designated by the Address Confidentiality Program when filing documents required by new Chapter 50E. Prohibits the assessment of court costs or attorneys' fees for filing or service of an ERPO petition or service of any ERPOs, except for sanctions for violations regarding signing and verification of the pleadings under GS 1A-1, Rule 11. Authorizes electronic filing of all documents filed, issued, registered, or served in an action under new Chapter 50E.

Requires a summons be issued and served no later than five days prior to the date set for the full ERPO hearing, with the ERPO petition, any ex parte ERPO that has been issued and the notice of hearing on the ex parte ERPO, and a description of an ERPO attached. Directs the clerk of court to effect service through the appropriate law enforcement agency.

Sets forth the required information that must be included in an ERPO, including (1) a statement of the grounds supporting its issuance; (2) the date and time the ERPO was issued and when it expires; (3) whether a mental health or chemical dependency evaluation of the respondent is required; (4) the court's address where a responsive pleading can be filed; (5) a description of the relinquishment and retrieval requirements for firearms, ammunition, and related permits of the respondent; (6) a description of the process for seeking termination of the ERPO; and (7) a statement that violation of the ERPO is a Class A1 misdemeanor. 

Details the parameters of issuing an ex parte ERPO without service or notice. Requires the court to find by clear, cogent, and convincing evidence that the respondent poses an imminent danger of causing physical injury to self or others by having in his or her custody a firearm before a judge or magistrate can issue an ex parte ERPO. Provides that the chief district court judge can designate for each county at least one judge or magistrate to be reasonably available to issue ex parte ERPOs when the court is not in session. Authorizes hearings to consider ex parte relief to be held by video conference.

Details the parameters of issuing a full ERPO, including a hearing on the petition no later than 10 days from either the date an ex parte ERPO was issued, if applicable, or the date the petition was filed. Allows for one continuance of no more than 10 days unless all parties consent or good cause is shown. Permits issuance of a full ERPO when (1) the court finds by a preponderance of the evidence that the respondent poses a danger of causing physical injury to self or others by having in his or her custody a firearm, (2) process was proper, and (3) notice of hearing was proper.

Requires the respondent to immediately surrender to the sheriff possession of all firearms, ammunition, and permits in the custody or control of the respondent upon service of an ERPO, or within 24 hours of service at a time and place specified by the sheriff in the event weapons cannot be surrendered at the time the ERPO is served. Requires the sheriff to issue receipt at the time of surrender or seizure, and file receipt with the court within 48 hours after issuing the receipt. Provides for a warrant to be issued for failure to surrender firearms. Allows the sheriff to charge the respondent a reasonable fee for the storage of any firearms and ammunition taken pursuant to an ERPO. Provides for retrieval if the ex parte ERPO expires and the court does not enter a full ERPO. Otherwise, requires the respondent to file a motion for retrieval within 90 days after an ERPO expires, whereby surrendered firearms, ammunition, and permits must be returned to the respondent within 30 days of the motion unless the court finds the respondent is otherwise precluded from owning or possessing a firearm pursuant to state or federal law. Provides for motion for return by a third party. Authorizes disposal of surrendered firearms that have not been or cannot be returned as specified.

Sets the duration of an ex parte ERPO to be from its effective date to the date the hearing is held, or if a hearing is not held or a continuance not granted, no more than 10 days from its issuance. Requires a full ERPO to be effective for a fixed period of time not to exceed one year. Provides for renewal of any ERPO by the petitioner one or more times prior to its expiration, providing the initial requirements are satisfied and there has been no material change in the circumstances since its issuance. Limits the granting of renewals to open court. 

Details the process of terminating an ERPO, with the respondent limited to submitting one motion for termination for every 12-month period the full ERPO is in effect. Requires the court to set a hearing no sooner than 14 days and no later than 30 days from the date of service upon the petitioner. Requires the respondent to prove by a preponderance of the evidence that he or she does not pose a danger of causing physical injury to self or others by having a firearm in his or her custody or care.

Requires the clerk to provide same day notice of ERPO issuance to the sheriff. Requires the sheriff to promptly enter the ERPO into the National Crime Information Center registry; update the orders in the registry upon modification, termination, renewal, or dismissal; and provide 24/7 access to the orders to the courts. Also requires a copy of the ERPO be issued promptly to and retained by the municipal police department. Provides for notice to the respondent if he or she was not present when the ERPO was issued, and for notice to third parties where applicable.

Makes it a Class A1 misdemeanor for any person to possess, purchase, or receive, or attempt to possess, purchase, or receive, a firearm, ammunition, or permits to purchase or carry concealed firearms for so long as an effective ERPO is entered against that person.

Makes it a Class 2 misdemeanor for any person to knowingly make a false statement when petitioning for an ERPO, and for any person to knowingly make a false statement to law enforcement that an ERPO remains in effect.

Clarifies that the remedies provided in new GS Chapter 50E are not exclusive, and that the Chapter does not affect the ability of law enforcement to remove a firearm or permit from any person, or conduct any search and seizure for firearms, pursuant to other lawful authority.

Specifies that Chapter 50E does not impose any criminal or civil liability on any person or entity for acts or omissions related to obtaining an ERPO.

Amends GS Chapter 15C, providing for the inclusion of petitioners for an ERPO in the Address Confidentiality Program. Makes conforming changes.

Amends GS 14-415.4 to require a court to deny a petition to restore the petitioner's firearm rights if the court finds an ex parte or full ERPO has been issued pursuant to GS Chapter 50E or a similar out-of-state or federal order has been issued against the petitioner and the court order is still in effect.

Directs the Administrative Office of the Courts (AOC) to develop the appropriate forms to implement the processes set out in new GS Chapter 50E.

Effective December 1, 2023.

Part III.

Amends GS 115C-47 by amending the local boards of education duties related to school psychologists to now require that each local school administrative unit staff at least one full time (was, employs at least one full time, permanent) school psychologist. Adds that if the board is unable to find a qualified school psychologist to hire full-time, then the position allocation for the psychologist may be converted to a dollar equivalent for the board to contract with a third party to provide school psychologist services for an amount of hours equivalent to a full-time school psychologist employee.

Enacts new GS 115C-105.62, providing as follows. Requires the Superintendent of Public Instruction to establish the School Safety Grants Program (Program) to improve safety in public school units by providing grants for services for students in crisis, school safety training, and safety equipment in schools. Sets out what is to be included in a grant application and allows a public school unit to apply for one or more grants. Sets out items to be considered when awarding grants. Sets out the following categories of grants. Requires awarding grants to public school units in contract with community partners (as defined) to provide or pay for the provision of the specified crisis services. Requires awarding grants to public school units in contract with community partners (as defined) to address school safety by providing training to help students develop healthy responses to trauma and stress, including the specified services. Requires awarding grants to public school units (and charter schools) for (1) the purchase of safety equipment for school buildings and (2) training associated with the use of this safety equipment, with priority given to the purchase of specified types of safety equipment. Specifies that these grants supplement and not supplant funds already provided for these purposes. Allows the Superintendent to retain up to $100,000 per fiscal year for administrative costs. Requires the Superintendent to report annually on the Program to the specified NCGA committees and division; specifies what is to be included in the report. Requires applications for the Program to be available by August 1, 2023. Appropriates $20 million from the ARPA Temporary Savings Fund to the Department of Public Instruction for each year of the 2023-25 biennium to fund the Program and states the NCGA's intent to fund the Program with recurring funds beginning with the 2025-27 biennium. Effective July 1, 2023.

Part IV.

Includes a severability clause.

Appropriates $4.2 million in recurring funds for each year of the 2023-25 biennium from the General Fund to the Administrative Office of the Courts to support the work of the North Carolina Drug Treatment Court Program in creating and sustaining drug treatment court programs.

Appropriates $4.2 million in recurring funds for each year of the 2023-25 biennium from the General Fund to the Administrative Office of the Courts for the creation and funding of new and existing mental health court programs serving those with a mental health diagnosis or treatment history who are defendants in the criminal justice system. Requires the courts to recommend mental health treatment plans for individuals served by the programs and monitor their progress.

Effective July 1, 2023.

Reenacts GS 105-164.13C, as title indicates. Applies to sales made on or after July 1, 2023.

Section 1

Enacts GS 143-166.3(a1) to provide that on and after July 1, 2021, when any covered person under the Public Safety Employees' Death Benefits Act, Article 12A, who is a member of the State Highway Patrol is killed in the line of duty, in addition to the $100,000 award set forth in subsection (a), the Industrial Commission is required to award a death benefit of $900,000 to be paid to the surviving spouse, the dependent child or children, the surviving dependent parent(s), or the estate of the deceased covered person (in order of distribution, only moving to the next category of persons if the preceding is not applicable, with first rights to the surviving spouse). Makes conforming changes. 

Appropriates $600,000 in recurring funds for each fiscal year of 2023-25 from the General Fund to the Department of State Treasurer to pay benefits provided under Article 12A of GS Chapter 143, as amended. 

Effective July 1, 2023, and applies to qualifying deaths occurring on or after that date. 

Section 2

Enacts GS 15A-2001(b1) to bar the State from agreeing to accept a sentence of life imprisonment if the defendant enters a guilty plea to first degree murder in a case involving the murder of a law enforcement officer, employee of the Department of Adult Correction or the Division of Juvenile Justice of the Department of Public Safety, Division of Juvenile Justice, jailer, firefighter, judge or justice, former judge or justice, prosecutor or former prosecutor, juror or former juror, or witness or former witness against the defendant, while engaged in the performance of the person's official duties or because of the exercise of the person's official duty. Permits jury recommendation as to the appropriate sentence pursuant to GS 15A-2000. Effective December 1, 2023.

Section 3 includes a severability clause.

Section 4 provides a standard effective date provision.

Amends GS 58-86-35, GS 58-86-40, and GS 58-86-45, increasing monthly member payments to the NC Firefighters' and Rescue Squad Workers' Pension Fund (Pension Fund) from $10 to $25 as it applies to new and current members and workers seeking retroactive membership. 

Amends GS 58-86-55, increasing the monthly pension to eligible members, including disabled members, beneficiaries, and retired firefighters from $170 to $200 monthly. Makes conforming changes, including changes regarding increased monthly member contributions. Adds that effective January 1, 2024, the monthly payment amount a member is entitled to receive is increased on January 1 of each year by the percent change between the June Consumer Price Index in the prior fiscal year and the fiscal year most recently ended, so long as the percent change is positive.

Effective January 1, 2024, and applies to monthly payments due from, and monthly benefits owed to, members of the Pension Fund on or after that date. 

Appropriates $255 million from the General Fund to the State Treasurer for the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund to increase the amount of eligible firefighters' pension. Effective July 1, 2023.

Names the Act the “Shine Like Hailey Parade Safety Act.” Enacts new GS 20-157.2, pertaining to parade vehicles. Requires persons managing, conducting, or sponsoring a parade in a municipality with a population of 35,000 or more to obtain a permit that meets the following requirements: (1) that, no earlier than seven days before the date of the parade, the police department or fire department inspects each motor vehicle for safety and verifies that the  vehicle is registered and insured; and (2) the operator of the motor vehicle is at least 25 years of age and has a valid drivers license. Permits municipalities with a population of less than 35,000 to include the same requirements for a parade permit. Makes conforming changes to GS 20-169 (powers of local authorities).

Amends GS 115C-47(29a), pertaining to the responsibilities of a local board of education (“local boards”) to require display of certain items at public schools as follows. Requires local boards to require that each school prominently display inside each school building’s main entrance, the following quote from the State constitution: "Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools, libraries, and the means of education shall forever be encouraged." Also specifies that the schools should provide age appropriate instruction on the US and State constitutions, in addition to the other matters listed in GS 115C-47(29a). Requires the State Board of Education (GS 115C-12), charter schools (GS 115C-218.80), regional schools (GS 115C-238.66), the NC School of the Arts (GS 116-69.1), the NC School of Science and Mathematics (GS 116-235), and nonpublic schools operating under Article 39 of GS 115C (GS 115C-567) to adopt policies to implement GS 155C-47(29a). Makes technical, conforming, and organizational changes.

Appropriates from the General Fund to the Department of Public Instruction $25,000 in nonrecurring funds for the 2023-2024 fiscal year to implement the requirements of the act, including to fund the purchase of supplies for students to create displays or to fund the purchase of mounted plaques. Effective July 1, 2023, and applies beginning with the 2024-2025 school year.

Amends GS 105-130.4B, pertaining to market-based sourcing for banks under the corporate income tax to exclude the following from the definition loan secured by real property: (1) loans secured by agricultural land defined under the State tax code and (2) loans secured by a single-family residence that is the principal residence of the occupant under the State tax code and (i) is located in the State in a rural area as defined by USDA; (ii) is not within a metropolitan statistical area; (iii) has a population of 2,500 or less, based upon the most recent Certified County Population Estimates from the State Demographer in the Office of State Budget and Management. Effective for taxable years beginning on or after January 1, 2023.

Requires the Department of Health and Human Services, Division of Child Development and Early Education (Division), to collaborate with the Child Care Commission to implement revisions to rules to provide additional options for meeting the requirements for licensure for the following matters: (1) site level administrator's licensure and credentials (allowing certain credentialed administrators for Pre-K sites that have been established for four or more years); (2) lead teachers in NC Pre-K classrooms (allowing either of the following two additional options: (i) an individual with an AAS degree in early childhood education and five years of child care experience teaching young children so long as the person is working towards a birth through kindergarten license or (ii) individual with an AAS degree and five years of child care experience teaching young children); (3) rated license/education for administrators (allowing for certain credentials and experience at the seven point level); and (4) rated license/education for lead teachers (requiring all lead teachers to have a NC Early Childhood Credential (NCECC) and to provide further options based on education and experience at the five point, six point, and seven point levels).