AMEND CERTAIN CRIMINAL PROVISIONS.-AB

View NCGA Bill Details2013-2014 Session
House Bill 387 (Public) Filed Wednesday, March 20, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND VARIOUS CRIMINAL LAWS REGARDING CONCEALED HANDGUN PERMITS, EXPUNCTIONS, DISPOSITION OF FIREARMS, CRIME VICTIMS RIGHTS, AND OFFENSES THAT MAY BE WAIVED.
Intro. by Malone, Stevens.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 8 2013)
H 387

Bill Summaries:

  • Summary date: Apr 3 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Makes organizational changes.

    Corrects a reference in Section 6(a), (previously section 5(a)), to refer to Article 78 of Chapter 106 of the General Statutes (was, Article 75 of Chapter 106 of the General Statutes).

    Changes an effective date in Section 6(b), (previously Section 5(b)), providing that this Section (amending GS 72-273) becomes effective July 1, 2013 (was, July 1, 2011).


  • Summary date: Mar 20 2013 - More information

    Amends GS 14-415.14(a) to require that the permit application for a concealed handgun permit be on a form prescribed by the State Bureau of Investigation (SBI) (was, Administrative Office of the Courts). Makes conforming changes to GS 14-415.17.

    Amends GS 15A-150 to require that a clerk of superior court also send a copy of an order granting an expunction to the SBI. Makes a conforming change deleting the requirement that the arresting agency forward a copy of an expunction order to the SBI. Applies to petitions filed on or after December 1, 2013.

    Repeals Section 2.5 of SL 1965-954, excluding specified counties from the scope of the provision for the disposition of confiscated deadly weapons.

    Amends GS 15A-830(a)(7), to include in the definition of victim a person against whom there is probable cause to believe that a  Class H felony in violation of 14-34.6(b) (assault or affray on a firefighter, an emergency medical technician, medical responder, and emergency department personnel) was committed. Applies to offenses committed on or after December 1, 2013. Amends GS 15A-830(a)(7), to include in the definition of victim a person against whom there is probable cause to believe that a  Class I felony that is in violation of GS 14-34.6(b) was committed, for offenses committed prior to December 1, 2011.

    Amends GS 7A-273(2), adding open burning offenses under GS 105 to the infractions and offenses Magistrates have authority over.  Effective July 1, 2011.

    Amends GS 15A-145.4(c), making technical changes. Amends GS 15A-145.4(e)(1), a requirement to be found before a person can be restored, by deleting the requirement that the petitioner has remained of good moral character for four years since the date of conviction, active sentence, probation or post release supervision, replacing it with a requirement that the petitioner has remained of good moral character and free of conviction since the date of conviction of the nonviolent felony in question. Makes technical changes. Sets new requirements for expunction to include, that the petition was filed no earlier than 15 years after the date of the conviction or the completion of any active sentence, period of probation, and post-release supervision imposed for the conviction, whichever occured later (was,was convicted of and completed any sentence received for, the nonviolent misdemeanor or nonviolent felony at least 15 yeas prior to the filing of the petition). Effective December 1, 2013.


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