AN ACT TO MAKE THE REQUIREMENT THAT A PERSON CONVICTED OF A SEXUAL BATTERY REGISTER AS A SEX OFFENDER DISCRETIONARY WITH THE COURT, AS RECOMMENDED BY THE NORTH CAROLINA COURTS COMMISSION.
Enacts a new subsection under GS 14-27.33, which sets out the offense of sexual battery. Directs the sentencing court to consider whether the person who is convicted of violating the statute is a danger to the community and whether requiring the person to register as a sex offender pursuant to Article 27A of GS Chapter 14 (Sex Offender and Public Protection Registration Programs) would further the purposes of that Article. Existing GS 14-208.5 states that the purpose of Article 27A is to assist law enforcement agencies’ efforts to protect communities by requiring persons who are convicted of sex offenses or of certain other offenses committed against minors to register with law enforcement agencies, to require the exchange of relevant information about those offenders among law enforcement agencies, and to authorize the access to necessary and relevant information about those offenders to others as provided in Article 27A.
Requires the State to provide all appropriate and competent evidence of the person’s danger to the community to the sentencing court. Provides that evidence to be considered can include age, criminal record, relationship to the victim, and a risk assessment conducted by the Division of Adult Correction. Requires the sentencing court to enter an order requiring the person to register as a sex offender pursuant to Article 27A if the court finds that the person is a danger to the community and that the person must register.
Amends the definition of reportable conviction in GS 14-208.6(4) to establish the term to also mean a final conviction for violation of GS 14-27.33 (sexual battery), only if the court sentencing the individual issues an order pursuant to GS 14-27.33(c) requiring the individual to register.
Amends GS 14-202(l), which provides that the sentencing court must consider whether a person who has violated provisions relating to peeping into a room occupied by another person should be required to register as a sex offender pursuant to Article 27. Requires the State to provide at sentencing appropriate and competent evidence of the person's danger to the community who violated these provisions. Provides that evidence to be considered can include age, criminal record, relationship to the victim, and a risk assessment conducted by the Division of Adult Correction.
Makes conforming change to GS 14-208.6(5) to remove violations of GS 14-27.33 (sexual battery) from the definition of sexually violent offense, as the term is used in Article 27A.
Amends GS 50-13.1 to require any person instituting an action or proceeding ex parte for custody of a child who has been convicted of an offense under GS 14-27.33 and ordered to register under Article 27A of GS Chapter 14 to disclose the conviction in the pleadings.
Effective December 1, 2017, and applies to offenses committed on or after that date.