Bill Summary for H 393 (2019-2020)

Summary date: 

Apr 26 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 393 (Public) Filed Tuesday, March 19, 2019
AN ACT TO CLARIFY THE DEFINITION OF THE TERM "CARETAKER" USED IN THE JUVENILE CODE TO INCLUDE AN ADULT IN A DATING OR ROMANTIC RELATIONSHIP WITH THE PARENT, GUARDIAN, OR CUSTODIAN OF THE JUVENILE; TO AMEND G.S. 14-401.11 TO ALSO PROHIBIT THE KNOWING DISTRIBUTION OF A BEVERAGE THAT CONTAINS ANY SUBSTANCE THAT COULD BE INJURIOUS TO A PERSON'S HEALTH; TO AMEND THE DEFINITION FOR THE TERM "MENTALLY INCAPACITATED" USED IN ARTICLE 7B OF CHAPTER 14 OF THE GENERAL STATUTES; AND TO MODERNIZE THE LANGUAGE USED IN CERTAIN SEX OFFENSES.
Intro. by Beasley, Adams, Adcock, Boles.

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Bill summary

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

Amends the definition of caretaker set out in GS 7B-101, by removing the addition of an adult in a dating or romantic relationship with the parent, guardian, or custodian of the juvenile as an adult entrusted with the juvenile's care.

Further amends the definition of mentally incapacitated set out in GS 14-27.20, to now define the term as a victim who due to any act is rendered substantially incapable of either appraising the nature of his or her conduct or resisting the act of vaginal intercourse or a sexual act (under the previous edition, was a victim who is rendered substantially incapable of either appraising the nature of his or her conduct or resisting the act of vaginal intercourse or a sexual act due to any act, regardless of whether committed by a perpetrator or the victim). 

Deletes all of Section 4 of the act, which amended GS 14-27.21, GS 14-27.22, GS 14-27.26, and GS 14-27.27, by removing the "forcible" language from the rape and sexual offenses provided therein.

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