AN ACT TO MAKE THE REQUIREMENT THAT A PERSON CONVICTED OF SEXUAL BATTERY REGISTER AS A SEX OFFENDER DISCRETIONARY WITH THE COURT, AS RECOMMENDED BY THE NORTH CAROLINA COURTS COMMISSION.
Amends GS 14-27.33, requiring the sentencing court to consider whether a person convicted of sexual battery is a danger to the community and whether requiring the person to register as a sex offender would further the purposes of the Sex Offender and Public Protection Registration Programs of Article 27A, GS Chapter 14. Requires the state to provide all appropriate and competent evidence of the person’s danger to the community at sentencing, including, but not limited to, age, criminal record, relationship to victim, and a risk assessment conducted by the Division of Adult Correction. Requires the court to enter an order requiring the person to register under Article 27A if it finds that the person is a danger to the community and must register.
Amends GS 14-202, concerning secretly peeping into a room occupied by another person, to require the state to provide all appropriate and competent evidence of the person’s danger to the community at sentencing, including, but not limited to, age, criminal record, relationship to victim, and a risk assessment conducted by the Division of Adult Correction before the sentencing court may order the convicted individual to be registered.
Makes conforming changes to GS 14-208.6, concerning reportable convictions under Article 27A, to include a final conviction for a violation of GS 14-27.33 if the sentencing court issues an order requiring registration. Further amends the statute, removing sexual battery from the definition of sexually violent offense. Makes further conforming changes, amending GS 50-13.1 to require anyone who has been convicted of sexual battery and ordered to register under Article 27A to disclose the conviction in the pleadings when instituting an action or proceeding for custody ex parte.
Effective December 1, 2019.
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