COMMON SENSE COMPROMISE TO REPEAL HB 2.

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View NCGA Bill Details2017-2018 Session
Senate Bill 93 (Public) Filed Wednesday, February 15, 2017
AN ACT TO PROVIDE A COMMON SENSE COMPROMISE TO REPEAL HOUSE BILL 2 AND REQUIRE ENHANCED CRIMINAL PENALTIES AND PROVIDE NOTICE FOR ADOPTION OF CERTAIN NONDISCRIMINATION ORDINANCES.
Intro. by Blue, Van Duyn.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Feb 16 2017)

Bill History:

S 93

Bill Summaries:

  • Summary date: Feb 15 2017 - View Summary

    Identical to H 107, filed 2/14/17.

    Repeals SL 2016-3 (Public Facilities Privacy & Security Act, commonly known as House Bill 2) and SL 2016-99 (Restore State Claim for Wrongful Discharge, which amended House Bill 2).

    Enacts GS 160A-499.5, Nondiscrimination ordinances, to require a local government to provide the General Assembly and the public at least 30 days' notice before adopting any nondiscrimination ordinance extending protections beyond those already afforded by State law. Provides that the notice required by this statute be given in the manner provided by GS 120-29.5, which requires copies to be delivered to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the House Principal Clerk, and the Senate Principal Clerk, and an additional two copies to the Legislative Library. Clarifies that these provisions apply statewide.

    Enacts GS 15A-1340.16E to enhance the sentencing of a defendant who committed any of the specified felonies in a public changing facility or a changing facility in a place of public accommodation. Defines a changing facility as a facility designed or designated to be used by a person in various states of undress, including but not limited to a restroom, locker room, changing room, or shower room. Defines places of public accommodations as the term is defined in GS 168A-3(8). Applies to convictions of the following offenses: second degree forcible rape, second degree forcible sexual offense, indecent exposure for purpose of arousing sexual desire, secretly peeping into room occupied by another person (specifically GS 14-202(d), (e), (f), (g), or (h)), taking indecent liberties with children, taking indecent liberties with a student, and felony stalking offense with convictions of a Class H or F felony. Increases the minimum term of imprisonment for which the person is sentenced for any of these felonies committed in a public changing facility or a changing facility in a place of public accommodations by six months, with the maximum term of imprisonment being the maximum term that corresponds to the minimum term after it is increased by six months, as specified in GS 15A-1340.17. Sets out information that must be included in the indictment. Requires the State to prove the issue beyond a reasonable doubt during the same trial in which the defendant is tried for the felony. If the defendant pleads guilty or no contest to the felony but pleads not guilty to the issue above then a jury must be impaneled to determine that issue. Effective December 1, 2017, and applies to offenses committed on or after that date.

    Enacts GS 14-32.5 to establish that it is a Class A1 misdemeanor for any person to commit an assault in a public changing facility or in a changing facility in a place of public accommodations, as those terms are defined in GS 15A-1340.16E and GS 168A-3(8), unless the conduct is covered under another provision providing greater punishment. Effective December 1, 2017, and applies to offenses committed on or after that date.