House committee substitute makes the following changes to 2nd edition.
Deletes all provisions in previous version and replaces them with AN ACT TO CREATE NEW FELONY FIRST DEGREE TRESPASS OFFENSES, TO MAKE VARIOUS CHANGES REGARDING THE PROCEDURES FOR A MOTION FOR APPROPRIATE RELIEF, TO AMEND THE PROCEDURE FOR IMMEDIATE LICENSE REVOCATIONS FOR PROVISIONAL LICENSEES CHARGED WITH CERTAIN CRIMINAL MOVING VIOLATIONS, TO INCREASE THE BENCHMARK FOR PUBLICLY BIDDING LOTTERY COMMISSION CONTRACTS, TO MODIFY THE LOTTERY COMMISSION CONFLICT OF INTEREST PROVISIONS, AND TO CLARIFY THAT CERTAIN CHANGES TO PAYABLE ON DEATH CONTRACTS DID NOT CHANGE THE PROCEDURES FOR CREATING THOSE CONTRACTS.
Current law makes first degree trespass a Class 2 misdemeanor. Amends GS 14-159.12 to make first degree trespass a Class I felony when committed on the premises of any of the following: (1) a facility owned or operated by an electric power supplier that is one of five specified types of facilities, (2) a dam or reservoir used to generate hydroelectric power, (3) a facility using water in a described manner for a public water system, or (4) a facility owned or operated by a natural gas local distribution company or related entity. Makes first degree trespass a Class H felony if one of the previously listed elements exists and the offense (1) is committed with the intent to disrupt the facility’s operation, (2) involves risk of serious bodily injury, or (3) is committed by three or more people acting in concert. Applies to offenses committed on or after September 1, 2012.
Amends GS 15A-1413 (concerning trial judges’ authority to act on motions for appropriate relief) to allow a senior resident superior court judge or chief district court judge discretion when assigning a motion for appropriate relief. Specifies that the motion must be assigned to the judge who presided at the trial or otherwise handled the case when possible. Makes conforming changes to GS 15A-1413 and GS 15A-1420. Amends GS 15A-1420 to set out the procedure and timeline to assign, review, and rule on a motion for appropriate relief in noncapital cases. Authorizes the court to grant an extension of time, up to 30 days, to comply with any requirement related to motions in noncapital cases. Requires in capital cases that the judge review the motion and enter an order directing the State to file its answer within 60 days of the date of the order. Requires the calendaring of the case for a hearing, if necessary, without unnecessary delay. Specifies that the parties may enter into an agreement for appropriate relief, including an agreement as to any aspect, procedural or otherwise, of a motion for appropriate relief. Applies to motions for appropriate relief filed on or after December 1, 2012.
Requires a law enforcement officer, where no initial appearance is required on the criminal moving violation when the citation is issued, to verbally notify the provisional licensee that the permit or license is subject to revocation and provide written notice of the revocation and hearing process (currently requires officer to execute report and take licensee before judicial official if permit or license is subject to revocation). Enacts new subsection (d1) to GS 20-13.3 to detail the procedure applicable when a revocation report is filed with the clerk of superior court and the provisional licensee is not present. Enacts new subsection (d2) to detail the hearing required before a magistrate or judge when the provisional licensee contests the validity of the revocation. Requires the judicial official to also personally inform the licensee of the right to such hearing when the report is filed and the licensee is present. Specifies the appropriate judicial official to receive the filed report. Makes conforming and clarifying changes. Applies to offenses committed on or after December 1, 2012.
Amends GS 18C-151 (concerning Lottery Commission contracts) to require contracts for $300,000 (was, $90,000) or more to meet the specified conditions. Clarifies the term shareholders in relation to awarded contracts.
Amends SL 2011-236 (concerning payable on death accounts) to clarify the procedure for entering such agreements, following the enactment of that law.