Bill Summary for H 969 (2017-2018)

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Summary date: 

Jun 11 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 969 (Public) Filed Thursday, May 17, 2018
AN ACT TO ENHANCE PRISON SECURITY, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY.
Intro. by Davis, Boles.

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Bill summary

House committee substitute deletes all provisions of 1st edition and replaces it with AN ACT TO ENHANCE PRISON SECURITY, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY. Now amends GS Chapter 14, Article 33, concerning prison-related safety offenses including prison escapes and possession and furnishing of dangerous weapons in prison, adding new GS 14-254.5, defining the term employee as any person working for the State or local government, and prisoner as any person in the custody of a law enforcement officer, the Division of Adult Correction and Juvenile Justice, or any local confinement facility.

Adds new GS 14-258.7, requiring the Department of Public Safety and Juvenile Justice, the Conference of District Attorneys, and the Administrative Office of the Courts to each report to the Joint Legislative Oversight Committee on Justice and Public Safety annually by March 15. These reports must include the quantity and resolution of each violation of Article 33 and GS 14-34.5(b), 14-34.7(b), and 14-34.7(c)(2) (concerning assault on detention facility employees). Effective when the act becomes law.

Amends  GS 14-258.4(a), which sets out the elements of the crime of malicious conduct by a prisoner, to include exposing genitalia to an employee and throwing an unknown substance on an employee. Makes other conforming changes. Amends GS 14-258, deleting all provisions and replacing them with new section "Providing forbidden articles or tools for escape; possessing tools for escape." Sets out the elements of providing forbidden articles or tools for escape as conveying to a prisoner an article forbidden by prison rules or a letter, oral message, weapon, tool, good, clothing, or device to effect an escape or aide in an assault or insurrection. Makes this a Class H felony, elevated to a Class F felony if committing this conveyance does effect an escape, assault, or insurrection. Sets possession of escape tools for the purpose of effecting an escape or aiding in an assault or insurrection as a Class H felony. Effective December 1, 2018, and applies to offenses committed on or after that date. 

Amends GS 143B-919, which sets out the cases which the State Bureau of Investigation is required to investigate, adding any threat to school safety due to weapons on campus, and breaking or entering into a place of worship with intent to commit any felony or larceny. Makes other technical changes. Effective when the act becomes law.

Unless otherwise indicated, effective December 1, 2018.