Bill Summary for S 53 (2017-2018)

Summary date: 

May 10 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 53 (Public) Filed Wednesday, February 8, 2017
AN ACT TO AUTHORIZE A LAW ENFORCEMENT OFFICER TO OBTAIN CUSTODY OF A CHILD UPON DETERMINATION BY THE COURT THAT THE CHILD IS IN DANGER.
Intro. by J. Davis.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Makes organizational changes to the act.

Deletes the proposed language of new subsection (c) in GS 50-13.3, instead establishing that a warrant to take physical custody of a child issued by a court pursuant to GS 50A-311 is enforceable throughout North Carolina (previously, specified requirements for an application for a warrant for custody and stated that a warrant applied in foreign and domestic child custody determinations).

Makes technical changes to the proposed new provisions in subsection (d) in GS 50-13.5 (Procedure in actions for custody or support of minor children).

Modifies the proposed amendments to subsection (e) in GS 50A-311 (Warrant to take physical custody of a child). Reinstates the existing language to permit a court to authorize law enforcement officers to enter private property to take physical custody of a child upon finding that a less intrusive remedy is not available (previously, upon finding a less intrusive remedy is not reasonably effective). Makes conforming changes. Deletes the proposed provision permitting a court to authorize law enforcement officers to use reasonable force to effectuate the terms and purposes of the order or warrant for custody. Clarifies that an officer executing a warrant for custody is not required to inquire into the regularity and continued validity of the order so long as the warrant is complete and regular on its face. Makes organizational and technical changes.

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