House committee substitute makes the following changes to 2nd edition.
Amends proposed GS 14-43.14 to replace the term child with minor. Makes conforming changes, substituting minor for child in reference to establishing the offense of unlawful sale, surrender, or purchase of a minor (was, child). Clarifies that the statute does not apply to actions ordered by a court, authorized by statute, or otherwise lawful. Makes the violation a Class F felony (was, Class D) with a minimum fine of $1,000 (was, $10,000) for a first offense and $5,000 (was, $50,000) for a second or subsequent offense. Provides that a minor whose parent, guardian, or custodian has sold or attempted to sell a minor is an abused juvenile as defined by GS 7B-101(1) (was, a dependent, neglected, and abused child as defined by GS 7B-101).
Requires the court to consider if a person convicted of this offense is a danger to the community and whether it furthers the purposes of the sex offender registration requirement for the person to register as a sex offender. Provides if the court finds that the person is a danger to the community and that the person must register as a sex offender, then the court is to issue an order compelling the person to register.
Deletes inclusion of violations of proposed GS 14-43.14 from the definition of sexually violent offense in GS 14-208.6(5).
Amends the definition of reportable conviction in GS 14-208.6(4), as it applies to the sex offender registration statutes, to include a conviction for the sale of a minor if the court orders that the person must register as a sex offender. Provides that the abandonment of an infant less than seven days of age under the provisions of GS 7B-500(b) or 7B-500(d) is not a prosecutable offense under proposed GS 14-43.14. Amends GS 15A-266.3A(f) to expand the list of felony offenses for which a DNA sample is to be taken upon a person’s arrest. Makes the above provisions effective December 1, 2012, and applicable to offenses committed on or after that date.
Amends GS 7B-302(a1) to create exceptions to the confidentiality requirements regarding information received by the department of social services regarding child abuse. Clarifies when, to whom, and under what circumstances the identity of a person reporting child abuse may be released. Amends GS 131D-10.6C to clarify that information the Division of Social Services is required to maintain is a register of all licensed foster homes (was, a register of family foster and therapeutic foster home applicants). Provides circumstances under which the Division may withhold information in the registry. Effective October 1, 2012.
Makes conforming changes to the title to more accurately reflect the bill content.