Senate committee substitute to the 3rd edition makes the following changes.
Amends GS 14-12.11 to repeal the health and safety exemption from laws prohibiting the wearing of masks in public places including public ways, public property, and the house of another person. Makes conforming changes. Applies to offenses committed on or after the act becomes law.
Amends proposed new GS 15A-1340.16G (was, GS 15A-1340.16F), providing that if a person is convicted of a misdemeanor or felony and it is found that the person wore a mask or other clothing or device (removes hood which was in the previous edition) that concealed or attempted to conceal the person's identity at the time of the offense, then the person is guilty of a misdemeanor or felony that is one class higher than the underlying misdemeanor or felony for which the person was convicted.
Expands the limitations of the NC Emergency Management Act set forth in GS 166A-19.2 by excluding religious institutions from having to follow an executive order, secretarial declaration, municipal or local government prohibition or restriction, or a rule or regulation by a political subdivision of this State that distinguishes between religious institutions (defined) and other public or private for-profit or non-profit entities that are subject to or affected by the same or similar emergency in a way that imposes additional limitations on the religious institution. Effective October 1, 2024, and applies to executive orders, declarations, prohibitions, restrictions, rules, or regulations in effect on or after that date.
Amends GS 20-174.1 (barring standing, sitting or lying upon highways or streets) to enhance the penalty for persons who violate the statute as part of a demonstration intended to prohibit or impede the use of the highway or street is guilty of a Class A1 misdemeanor for a first offense and a Class H felony for a second or subsequent offense. Violations where an emergency vehicle is obstructed from accessing the highway or street are punishable as a Class A1 misdemeanor. Imposes civil liability for persons organizing a demonstration that prohibits or impedes the use of a highway or street for injury or death of any person resulting from delays caused by the obstruction of an emergency vehicle. Effective December 1, 2024, and applies to offenses committed and causes of action arising on or after that date.
Deletes proposed new GS 14-118.8, Money laundering.
Makes conforming changes to the act’s titles.
The Daily Bulletin: 2024-05-14
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The Daily Bulletin: 2024-05-14
Senate committee substitute to the 2nd edition replaces the bill in its entirety with the following.
Adds new GS 14-202.7 (sexual extortion; aggravated sexual extortion). Defines nine terms, including private image. Specifies that a person commits the offense of sexual extortion if the person intentionally threatens to disclose a private image, or to decline to delete, remove, or retract a previously disclosed private image, of the victim or of an immediate family member of the victim in order to compel or attempt to compel the victim or an immediate family member of the victim to do any act or refrain from doing any act against the victim's will, with the intent to obtain additional private images or anything else of value or any acquittance, advantage, or immunity. Specifies if a person is an adult at the time of the offense, the violation is a Class F felony. If the person is a minor at the time of the first offense the violation is a Class 1 misdemeanor and a Class 2 felony for subsequent or second offenses.
Adds new Class E felony for aggravated sexual extortion, which consists of the above acts, but the victim must either be a minor or a person with a disability and the offender must be an adult at the time of the offense.
Adds new offense, new GS 14-190.17C, obscene visual representation of sexual exploitation of a minor, which makes it a Class E felony for a person to knowingly produce, distribute, receive, or possess with intent to distribute material that meets both of the following criteria: (1) depicts a minor engaging in sexual activity and (2) is obscene. Makes it a Class H felony for any person to knowingly possess material that meets both of the following criteria: (1) depicts a minor engaging in sexual activity and (2) is obscene. Specifies it is not a required element of the offense that the visual depiction be of a minor that actually exists.
Amends the definitions for certain offenses concerning minors under GS 14-190.13 as follows. Defines identifiable minor to mean an individual who meets all of the following criteria: (1) was a minor at the time either of the following occurred: (i) the material was created, adapted, or modified, or (ii) the image that was used in creating, adapting, or modifying the material was taken and (2) is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature. Specifies that the term does not require proof of actual identity of the minor. Defines obscene to mean material that meets all of the following criteria: (1) it depicts or describes in a patently offensive way sexual activity; (2) the average person applying contemporary community standards relating to the depiction or description of sexual matters would find that the material taken as a whole appeals to the prurient interest in sex; (3)the material lacks serious literary, artistic, political, or scientific value; and (4) the material as used is not protected or privileged under the Constitution of the United States or the Constitution of North Carolina. Amends definitions of material and sexual activity. Adds new definition, child sex doll. Makes conforming changes to account for new GS 14-190.17C.
Amends the offense of first degree sexual exploitation of a minor (GS 14-190.16), to include when a person creates for sale or pecuniary gain material created, adapted, or modified to appear that an identifiable minor is engaged in sexual activity (designated as a Class D felony) or creates for sale or pecuniary gain a child sex doll of an identifiable minor (designated as a Class C felony).
Amends GS 14-190.17 (second degree exploitation of a minor) to include when a person distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits a child sex doll as one of the underlying acts for the offense. Amends the prong of the offense relating to when a person distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity, to include material that has been created, adapted, or modified to appear that an identifiable minor is engaged in sexual activity.
Amends GS 14-190.17A (third degree sexual exploitation of a minor) to include possession of a child sex doll or possession of material that has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual activity.
Amends the types of acts that fall under GS 14-202.3, solicitation of child by computer or certain other electronic devices to commit an unlawful sex act, as follows. Now specifies that solicitation of a child less than sixteen years of age and least five years younger than the defendant falls under the act if the child is meeting with the defendant or any other person for the purpose of a committing an unlawful sex act (currently, solicitation is limited to the child meeting with the defendant for such purpose). Adds solicitation of a person the defendant believes to be the parent, guardian, or caretaker of a child who is less than sixteen years of age and who the defendant believes to be at least five years younger than the defendant, to meet with the defendant or any other person for the purpose of committing an unlawful sex act.
Adds GS 14-190.17C (obscene visual representation of sexual exploitation of a minor) as a sexually violent offense under GS 14-208.6 (definitions pertaining to the State’s sex offender registry).
Amends GS 14-208.15A (pertaining to when a covered entity must release an online identifier of a person suspected of violating certain sex crime statutes to the Cyber Tip Line at that National Center for Missing and Exploited Children) to include GS 14-190.17C as one of the offenses.
Makes conforming changes to GS 14-208.18 (provisions pertaining to sex offenders unlawfully on premises) and GS 14-208.40A (determinations of satellite-based monitoring by the court).
Amends the definition of image under GS 14-190.5A (disclosure of private images) to include a realistic visual depiction created, adapted, or modified by technological means, including algorithms or artificial intelligence, such that a reasonable person would believe the image depicts an identifiable individual, or any other reproduction that is created, adapted, or modified by electronic, mechanical, or other means. (Current version does not include description of realistic visual depiction and limits reproductions only to those made.) Amends the elements of the offense to also now include (1) when the depicted person’s intimate parts are realistically depicted to be exposed or the depicted person is realistically depicted to be engaged in sexual conduct in the disclosed image and (2) when a person created, adapted, or modified the image with without the depicted person’s consent.
Makes conforming changes to act’s titles. Applies to offenses committed on or after December 1, 2024.
| Intro. by Davis. | GS 14 |
Senate committee substitute to the 2nd edition replaces the bill in its entirety with the following.
Amends the definition of delinquent juvenile in GS 7B-1501 to exclude persons under the age of eighteen but who are at least sixteen who commit the following offenses: any offense punishable as a Class A, B1, B2, C, D, or E felony if committed by an adult, together with any offense based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan of that offense, and any greater or lesser included offense of that offense. Makes organizational changes.
Adds new GS 15A-960 (removal of juveniles charged with committing a Class A, B1, B2, C, D, or E felony), requiring the superior court to issue a written order for the removal of the action to juvenile court upon joint motion of the prosecutor and the defendant's attorney, when an indictment has been return or a criminal information has been issued for the above felonies so long as the jury has not been sworn and impaneled. Requires the order to direct that the chief court counselor or his or her designee file a juvenile petition in the case within ten calendar days after removal is ordered. Directs the prosecutor to provide the chief court counselor or his or her designee with a copy of the joint motion prior to submitting the motion to the court. Provides for expunction of the superior court charges and record by the superior court. Allows for an order of secure custody and provides for delivery of such order to the chief court counsel or designee. Makes conforming change to GS 15A-145.8 (expunction when case is remanded for juvenile adjudication) and GS 7B-1902 (custody orders, including secure custody orders). Amends GS 7B-1808 (first appearance for felony cases in juvenile court) and GS 7B-1906(b2) (continued secure custody hearings for juveniles) to include felony cases removed from superior court under GS 15A-960 as one of the felony classes that is subject to the procedural requirements of the statute.
Amends GS 7B-2200 (transfer of jurisdiction to superior court of juveniles under age 16) to require, in cases where jurisdiction has been transferred to superior court, for the juvenile’s case to be remanded back to district court upon joint motion of the prosecutor and the juvenile’s attorney. Provides for copies of the joint motion to be given to the chief court counselor or designee. Requires the superior court to expunge the record at the time of remand. Allows for an order of secure custody and provides for delivery of such order to the chief court counsel or designee. Makes technical, clarifying, and conforming changes.
Amends GS 7B-2200.5 (transfer of jurisdiction to superior court of juveniles 16 and older) to change the felonies that trigger a required transfer from Class A, B1, B2, C, D, E, F, or G felonies to just Class F or G felonies. Makes conforming changes.
Amends GS 7B-2202 to require the prosecutor to calendar the date of the probable cause hearing. Directs that a probable cause hearing conducted in any case in which a juvenile was thirteen, fourteen, or fifteen years of age at the time the juvenile allegedly committed an offense that would be a Class A felony if committed by an adult or in any case in which a juvenile was sixteen or seventeen years of age the time the juvenile allegedly committed an offense that would be a Class F or G felony if committed by an adult must be conducted within 90 days of the date of the juvenile's first appearance. Allows such probable cause hearings to be continued for good cause. Exempts matters that have been removed from superior court under GS 15A-960. Makes technical and conforming changes.
Adds new GS 7B-2202.5 (concerning indictment return appearances). Requires the prosecutor to immediately notify the court if a true bill of indictment is returned for an offense (i) that constitutes a Class A felony if committed by an adult that was allegedly committed when the juvenile was at least thirteen years of age but less than sixteen years of age or (ii) that constitutes a Class F or G felony if committed by an adult that was allegedly committed when the juvenile was at least sixteen years of age but less than eighteen years of age. Requires a hearing to take place within five business days of the date the true bill of indictment was returned, limited to determining only if notice of indictment as described above was provided. If so, then the court must transfer jurisdiction over the juvenile to superior court for trial and determine conditions of pretrial release under GS 7B-2204 (juvenile right to pretrial release).
Amends GS 7B-1906 to extend the time for when custody reviews automatically occur from every ten days to every thirty calendar days. Requires the court to schedule a custody review hearing within ten calendar days if any party requests or the court itself orders a custody review hearing before the next thirty-day hearing occurs.
Gives the court discretion under GS 7B-2506(4) and (22) (dispositional alternatives for juveniles) to determine whether co-participants should be held jointly and severally liable for the payment of restitution (currently, court must hold all participants jointly and severally liable for restitution).
Excludes transfers to superior court when the order transfers a Class A felony under GS 7B-2200(b) or a Class F or G felony pursuant to GS 7B-2200.5(a) from a right of appeal to superior court under GS 7B-2603. Allows those types of transfers to only be appealed in the Court of Appeals if the juvenile has been convicted in superior court.
Amends GS 7B-3101 by narrowing the types of felonies that trigger the juvenile court counselor’s obligation to notify the juvenile’s school principal that delinquency petition has been filed to Class A, B1, B2, C, D, or E felonies (currently any act that would constitute a felony if committed by adult triggers notice requirement). Requires the principal to make an individualized determination related to the student’s status during the pendency of the matter and bars an automatic suspension policy. Makes conforming changes to GS 115C-404(b).
Makes technical corrections to GS 7B-2401.2(d) (forensic evaluation reports) and GS 7B-1904 (orders for secure or nonsecure custody), effective January 1, 2025, and applying to offenses committed on or after that date.
Amends GS 7B-2401.4(f)(3) (pertaining to remediation for juveniles alleged to have committed Class F, G, H, or I felonies) to only allow an extension of the remediation for up to six months for good cause (currently, there is no good cause requirement), effective January 1, 2025, and applying to offenses committed on or after that date.
Amends GS 7B-2401.5(a) (pertaining to involuntary commitment) to direct that no juvenile committed under the statute may be placed in a situation where the juvenile will for any purpose come in contact with adults, effective January 1, 2025, and applying to offenses committed on or after that date.
Amends GS 14-2.6 (punishment for solicitation to commit a felony or misdemeanor) as follows. Specifies that a person who solicits an adult to commit certain felonies or a misdemeanor can be another adult or a minor. Directs that unless a different classification is expressly stated, a minor who solicits another minor to commit a felony is guilty of a felony that is two classes lower than the felony the minor solicited the other minor to commit, except that a solicitation to commit a Class A or Class B1 felony is a Class C felony, a solicitation to commit a Class B2 felony is a Class D felony, a solicitation to commit a Class H felony is a Class 1 misdemeanor, and a solicitation to commit a Class I felony is a Class 2 misdemeanor. Directs that unless a different classification is expressly stated, a minor who solicits another minor to commit a misdemeanor is guilty of a Class 3 misdemeanor. Directs that an adult who solicits a minor to commit a felony or misdemeanor is guilty of the same class felony or misdemeanor the adult solicited the minor to commit. Defines adult and minor.
Makes conforming changes to act's titles. Applies to offenses committed on or after December 1, 2024, except as otherwise provided above.
Sets out the act’s purpose as authorizing the financing of the capital improvement projects listed in this act for the respective UNC institutions with funds available to the institutions from gifts, grants, receipts, self-liquidating indebtedness, Medicare reimbursements for education costs, hospital receipts from patient care, or other funds, or any combination of these funds, but not including funds received for tuition or appropriated from the General Fund or State Capital and Infrastructure Fund of the State unless previously authorized by General Statute.
Authorizes the following capital improvement projects, in the specified amounts, financed as provided above, or by special obligation bonds authorized by the act, or both: East Carolina University—Jones Hall/Legacy Hall; Fayetteville State University—Dormitories; UNC-Chapel Hill—Chilled Water Infrastructure Expansion (Phase1) and Translational Research Building; and UNC-Wilmington—Seahawk Housing Complex Acquisition.
Sets out provisions governing when the Director of the Budget may increase or decrease the cost of, or change the method of, funding the projects.
Allows the UNC Board of Governors to issue, at one time or from time to time, with approval from the Director of the Budget, special obligation bonds for paying all or part of the cost of acquiring, constructing, or providing for these projects. Caps the maximum principal amount of bonds that are to be issued at the specified amounts plus 5%.
| Intro. by Pickett, Hastings, Hawkins. | UNCODIFIED |
The Daily Bulletin: 2024-05-14
Senate committee substitute to the 1st edition makes the following changes.
Removes the proposed language in GS 84-28 concerning the discipline and disbarment of attorneys, and instead adds the following. Requires the North Carolina State Bar (Bar), when it serves a letter of notice alleging attorney misconduct on a respondent attorney, to provide the respondent attorney, when they request it, a complete copy of the complaint, including supporting materials. Allows redacting the complainant’s identifying information when the complaint is submitted by an attorney or judge under their obligation to report misconduct.
Requires the Bar to provide an attorney with the following when the Bar’s Office of Counsel recommends disciplinary action: (1) all non-privileged, non-work product material and financial audits provided to the Grievance Committee in the respondent attorney's matter, and any evidence in the Bar's possession which indicates the respondent attorney did not engage in the alleged misconduct, or a certification that no such evidence is in the Bar's possession. These materials must be provided at least 30 days prior to the Grievance Committee's consideration of the Office of Counsel's recommendation and (2) an opportunity to address the Grievance Committee or its subcommittee and to hear the Office of Counsel's presentation of the factual basis for its recommendation.
Amends GS 84-28.1 by adding the requirement that the Bar’s disciplinary hearing commission, or any of the commission’s committees, comply with the requirements of GS Chapter 84.
Makes the following changes to new GS 84-28.3, vexatious complainants. Removes the Office of Counsel from those entities that may designate a person a vexatious complainant, giving that power solely to the chair of the Grievance committee. Makes the Bar, instead of the Office of Counsel, responsible for mailing a notice of the vexatious designation to the complainant. Adds that if the complainant does not request review of the vexatious designation, then the designation is final and not subject to further review. Amends the process under which the chair of the Disciplinary Hearing Commission completes a requested review of the vexatious complainant designation to provide that the Office of Counsel may file a response to the complainant’s request for review (was, may file and serve an answer). Allows the chair of the Disciplinary Hearing Commission to either uphold or vacate the designation (was, may either concur in the decision of the Office of Counsel and the chair of the Grievance Committee or remand the matter to the Office of Counsel and the chair of the Grievance Committee for further consideration). Makes conforming changes. Specifies that a designation as vexatious under the statute is final and conclusive and not subject to review or reversal. Amends the conditions under which the office of Counsel may review and process a subsequent grievance submitted by a person designated as vexatious, to require it be submitted by a member of the Bar who, in addition to having an active license, (1) is not designated as a vexatious complainant and (2) is not currently the respondent in a pending grievance investigation or the defendant in a disciplinary proceeding (was, is not currently the respondent in disciplinary proceedings before the Bar). Makes conforming changes. Makes an additional clarifying change.
Amends proposed new GS 84-28.4, standing requirements to file grievance, as follows. Amends who is allowed to file a grievance, to include the party or client in the legal matter that is the subject of the grievance, and the representative of, in addition to the person, who has a cognizable interest in or connection to the legal matter or facts alleged in the grievance; removes: (1) a family member of a ward in a guardianship proceeding that is the subject to the grievance, (2) a family member of a decedent in a probate matter that is the subject of the grievance, (3) a trustee of a trust or an executor of an estate if the matter that is the subject of the grievance relates to the trust or estate, and (4) a trustee in a bankruptcy that is the subject of the grievance. Makes an additional clarifying change.
Now requires the Bar to adopt temporary rules to implement the expungement process for certain disciplinary actions against respondent attorneys by October 31, 2024, and sets a deadline of January 31, 2025, for the adoption of permanent rules.
Amends GS 84-23 to give the Bar Counsel power to expunge disciplinary actions.
Changes the act’s effective date so that the entire act is effective August 1, 2024.
Changes the act’s long title.
| Intro. by Sawrey, Lee. | GS 84 |
The Daily Bulletin: 2024-05-14
The Daily Bulletin: 2024-05-14
Actions on Bills: 2024-05-14
H 10: REQUIRE ICE COOPERATION & BUDGET ADJUSTMENTS. (NEW)
H 198: DOT LEGISLATIVE CHANGES.-AB
H 237: VARIOUS CRIMINAL AND ELECTION LAW CHANGES. (NEW)
H 426: VARIOUS ENVIRONMENTAL AMENDMENTS. (NEW)
H 591: MODERNIZE SEX CRIMES. (NEW)
H 834: JUVENILE JUSTICE MODIFICATIONS. (NEW)
S 790: STATE BAR REVIEW COMMITTEE RECOMMENDATIONS.
Actions on Bills: 2024-05-14
H 31: ROWAN-SALISBURY BOARD OF EDUC. PARTISAN. (NEW)
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