Bill Summary for S 409 (2013-2014)

Summary date: 

May 13 2013
S.L. 2013-390

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 409 (Public) Filed Monday, March 25, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND PROCEDURES, CLARIFY COSTS AND ATTORNEYS' FEES PROVISIONS APPLICABLE WHEN RELIEF IS NOT ORDERED IN CHAPTER 50B PROTECTIVE ORDER AND CHAPTER 50C NO CONTACT ORDER CASES, AND TO PROVIDE FOR ATTORNEYS' FEES UPON THE GRANT OF RELIEF IN CHAPTER 50C CASES.
Intro. by Tarte.

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Bill summary

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

Delets amendments to GS 50C-1, which removed the defintion for "stalking," and deletes modifications to the definition for "unlawful conduct."

Amends GS 50C-2(b) to provide that in addition to assessing costs to the plaintiff for the filing or service of the complaint, attorneys' fees may also be assessed against the plaintiff if after the presentation of evidence, the court makes specified findings. Amends those findings to include a finding thatthe plaintiff was not a victim in the case (was, the plaintiff (1) initiated the action for an improper purpose to harass the defendantor (2) had knowledge that he or she was not the victim of unlawful conduct). Provides that a plaintiff's failure to comply with procedural requirements in GS Chapter 50C cannot be a basis for a finding that the plaintiff was not a victim.

Deletes previous changes to GS 50C-5(b), which modified language regarding the issuance of orders to cease stalking and to cease harassment of the victim; however, amends subdivision (7) of that subsection to make a conforming change adding the assessment of attorneys' fees to either party as relief that may be granted by the court.Makes organizational changes to GS 50C-8(a).

Amends the act's titles.

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