Bill Summary for S 445 (2015-2016)

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Bill: BURT'S LAW.

Summary date: 

Mar 25 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 445 (Public) Filed Wednesday, March 25, 2015
AN ACT TO ENHANCE PROTECTIONS FOR CLIENTS OF FACILITIES WHOSE PRIMARY PURPOSE IS TO PROVIDE SERVICES FOR THE CARE, TREATMENT, HABILITATION, OR REHABILITATION OF INDIVIDUALS WITH MENTAL ILLNESS, DEVELOPMENTAL DISABILITIES, OR SUBSTANCE ABUSE DISORDERS BY INCREASING PUNISHMENTS FOR CLIENT ABUSE, EXPLOITATION, OR NEGLECT; BY IMPOSING A REPORTING REQUIREMENT ON EMPLOYEES AND VOLUNTEERS WHO WITNESS A SEXUAL OFFENSE OR OFFENSE AGAINST MORALITY PERPETRATED AGAINST A CLIENT; AND BY MAKING FAILURE TO REPORT THESE VIOLATIONS A CLASS 1 MISDEMEANOR.
Intro. by Krawiec, Newton.

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Bill summary

Substantively identical to H 355, filed 3/25/15.

Amends GS 122C-66 to provide that an employee or a volunteer at facilities that provide services for the care and treatment of persons with mental illness, developmental disabilities, or substance abuse disorders that knowingly causes pain or injury to a client is guilty of a Class A1 misdemeanor (was, Class 1). Imposes a duty on an employee or volunteer who witnesses or has knowledge of abuse or exploitation of clients to report the violation to designated authorized personnel at the facility.  Makes failure to do so a Class 1 misdemeanor (was, Class 3 misdemeanor punishable only by a fine).

Imposes a duty on an employee or volunteer at a facility who witnesses a client become the victim of a sexual offense or offense against morality (a violation of Article 7A or Article 26 of GS Chapter 14) to report the allegations within 24 hours after witnessing the violation to the department of social services in the county where the facility serves the client and to the district attorney in the district where the facility serves the client. Makes a violation of this provision a Class A1 misdemeanor. Prohibits harassing or threatening of an employee making a report by any other employee or volunteer. Provides that except for violations of the requirement to report violations of Article 7A or Article 26 of GS Chapter 14, as provided for in (b1) of GS 122C-66, the facility is to investigate or provide for investigation of reports made under this section. Directs the county department of social services and the district attorney to investigate reports made under subsection (b1) or to provide for the investigation of such reports.

Effective December 1, 2015, and applies to offenses committed on or after that date.