Bill Summary for H 741 (2013-2014)

Summary date: 

Apr 11 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 741 (Public) Filed Wednesday, April 10, 2013
Intro. by Schaffer, Bryan.

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Bill summary

Identical to S 409 filed on 3/25/13.

Amends GS 50C-1 to delete the definition for stalking as it applies in GS Chapter 50C. Modifies the definition for unlawful conduct to mean an act of nonconsensual sexual misconduct by a person 16 years of age or older on a person. Deletes provisions that define unlawful conduct to apply to single incidences of nonconsensual sexual conduct or stalking and deletes specification that "unlawful conduct" does not include acts of self defense or defense of others.

Current law prohibits assessing court costs for the filing or service of the complaint or the service of any orders under GS Chapter 50C (civil no-contact orders). Amends GS 50C-2(b) to provide that there are no court costs assessed unless the court determines any of the following: the plaintiff (1) willfully failed to appear to prosecute the action, (2) initiated the action for an improper purpose to harass the defendant, or (3) filed the action knowing that he or she was not the victim of unlawful conduct.

Makes clarifying changes to GS 50C-5(b) and GS 50C-7.

Amends GS 50C-8(a) to require that if a temporary no-contact order is granted without notice and  a motion for a permanent civil no-contact order is made, then the hearing is to be held within 10 days from the date of the motion. Provides that if the request for a temporary, ex parte civil no-contact order is denied, then the hearing on the plaintiff's claim for a civil no-contact order is to be heard within 30 days from the date that the temporary civil no-contact order is denied.

Effective October 1, 2013, and applies to actions begun on or after that date.

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