Bill Summary for S 413 (2019-2020)

Summary date: 

Jul 10 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 413 (Public) Filed Thursday, March 28, 2019
Intro. by D. Davis, Daniel, Sanderson.

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Bill summary

House committee substitute to the 2nd edition makes the following changes.

Amends the proposed changes to the definition of delinquent juvenile set forth in GS 7B-1501 and GS 143B-805 to exclude all violations of motor vehicles laws under GS Chapter 20, rather than only misdemeanor and infraction violations of the motor vehicle laws. 

Recodifies GS 20-106, which establishes receiving or transferring stolen vehicles as a Class H felony, as GS 14-71.2 (previously, repealed GS 20-106).

Eliminates the proposed changes to GS 7B-1604. Instead amends the statute to mandate prosecution of a juvenile as an adult for any criminal offense the juvenile commits after a district or superior court conviction if either (1) the juvenile has previously been transferred to and convicted in superior court or (2) the juvenile has previously been convicted in either district or superior court for a felony or a misdemeanor, excluding motor vehicle misdemeanor or infraction violations, but including convictions for impaired driving offenses.

Adds to proposed GS 15A-145.8, regarding expunction of records when charges are remanded to district court for juvenile adjudication. Sets forth further procedures, now requiring the NC State Crime Lab to purge related DNA records and all other identifying information from the State DNA Database and DNA samples stored in the State DNA Databank upon receipt of an order of expunction of DNA records entered pursuant to subsection (b); excludes other offenses committed by the individual that qualify for inclusion in the State DNA Database and the State DNA Databank. Requires the State Crime Lab to notify the defendant and the defendant's attorney by letter, documenting the expungement and destruction of the sample. Additionally, adds a new requirement for the clerk to notify State and local agencies of the court's expungement order as specified under state law and forward the order to the Administrative Office of the Courts. Makes a technical correction.

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