Bill Summary for S 682 (2019-2020)

Summary date: 

Aug 20 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 682 (Public) Filed Thursday, June 27, 2019
AN ACT TO IMPLEMENT THE CONSTITUTIONAL AMENDMENT TO PROVIDE BETTER PROTECTIONS AND SAFEGUARDS TO VICTIMS OF CRIME.
Intro. by Daniel, J. Davis, Britt.

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Bill summary

House committee substitute to the 4th edition makes the following changes.

Part I.

Amends GS 15A-830.5 by providing that Article 46 of GS Chapter 15A does not create a claim for damages against the State; any county or municipality; or any State or county agencies, instrumentalities, officers, or employees (was, the failure or inability of any person to provide a right or service under Article 46, including a service provided through the Statewide Automated Victim Assistance and Notification System, may not be used by a defendant in a criminal case, by an inmate, or by any other accused, or by any victim or any family member of a victim, as a ground for relief in any criminal or civil proceeding). 

Amends GS 15A-831 to require that the form used by the victim to indicate whether the victim wishes to receive any further notices from the investigating law enforcement agency on the status of the accused during the pretrial process be created by the Conference of District Attorneys. 

Amends GS 15A-832 by requiring that the pamphlet provided to the victim include the victim's rights under the Article, including the right to reasonably confer with the district attorney's office (was, with the attorney prosecuting the case) about the disposition of the case and the right to provide a victim impact statement. Also amends the statute to require that the district attorney's office offer the victim the opportunity to reasonably confer with an attorney from the district attorney's office (was, with the prosecuting attorney) to obtain the victim's views about, at a minimum, dismissal, plea or negotiations, sentencing, and any pretrial diversion programs.

Amends GS 15A-834.5, enforcement of the rights of a victim, as follows. Clarifies that a victim may assert the rights provided in Article 46 pursuant to Section 37, Article I, of the North Carolina Constitution. Adds that in no event will any underlying proceeding be subject to undue delay for the enforcement provided in the statute. Adds that if a motion filed by the victim with the clerk of superior court involves an allegation that a law enforcement agency failed to comply with the rights of a victim provided under Article 46, the victim must first file a written complaint with that agency, to give the agency an opportunity to timely resolve the issue in the complaint. Requires that a copy of such a motion be provided to the head of the law enforcement agency referenced in the motion and allows a judge to confer with the head of that law enforcement agency as part of the review. Makes conforming changes. Adds that the victim may petition the NC Court of Appeals for a writ of mandamus if the judge fails to review the motion and dispose of it or set it for hearing in a timely manner. Adds a victim's family member to those who may not use the failure or inability of any person to provide a right or service under Article 46, including a service provided through the Statewide Automated Victim Assistance and Notification System, as a ground for relief in any criminal or civil proceeding; adds the prohibition, as it applies to all named classes of individuals, is except as provided in Section 37, Article I, of the North Carolina Constitution. 

Part II.

Amends proposed GS 7B-2052, victim's rights, by providing that new Article 20A does not create a claim for damages against the State; any county or municipality; or any State or county agencies, instrumentalities, officers, or employees (was, the failure or inability of any person to provide a right or service under Article 20A may not be used by a juvenile, by any accused, or by any victim or any family member of a victim, as a ground for relief in any criminal, juvenile, or other civil proceeding). 

Amends proposed GS 7B-2053, to require that the district attorney's office offer the victim the opportunity to reasonably confer with an attorney from the district attorney's office (was, with the prosecuting attorney) to obtain the victim's views about, at a minimum, dismissal, plea or negotiations, disposition, and any dispositional alternatives. Also no longer includes dispositional alternatives available to the court as provided in GS 7B-2508 in the information given to the victim about the adjudication and disposition of the juvenile after the completion of the dispositional hearing. 

Makes clarifying changes to GS 7B-2054.

Changes the caption of GS 7B-2057. Provides that the requirement that any agency, department, or official providing a victim with written notice or information under the Article identify the juvenile by the juvenile's first and last initials, is except as provided in GS 7B-2055(c). Deletes the provision specifying that new Article 20A does not create a claim for damages against the State; any county or municipality; or any State or county agencies, instrumentalities, officers, or employees (this provision now appears in GS 7B-2052).

Amends GS 7B-2058, enforcement of rights, as follows. Clarifies that a victim may assert the rights provided in Article 20A pursuant to Section 37, Article I, of the North Carolina Constitution. Adds that in no event will any underlying proceeding be subject to undue delay for the enforcement provided in this statute. Makes a clarifying change. Adds that the victim may petition the NC Court of Appeals for a writ of mandamus if the judge fails to review the motion and dispose of it or set it for hearing in a timely manner. Allows the court, for good cause shown, to shorten the time for filing a response. Adds a victim's family member to those who may not use the failure or inability of any person to provide a right or service under Article 20A, including a service provided through the Statewide Automated Victim Assistance and Notification System, as a ground for relief in any criminal, juvenile, or other civil proceeding; adds the prohibition, as it applies to all named classes of individuals, is except as provided in Section 37, Article I, of the North Carolina Constitution. 

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