Bill Summary for H 470 (2019-2020)

Summary date: 

Oct 31 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 470 (Public) Filed Tuesday, March 26, 2019
AN ACT TO MAKE VARIOUS CHANGES AND TECHNICAL CORRECTIONS TO THE LAW GOVERNING THE ADMINISTRATION OF JUSTICE.
Intro. by Stevens.

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Bill summary

Conference report to the 3rd edition makes the following changes.

Part I.

No longer enacts GS 7A-98, GS 1-148.1, and GS 15A-101.2, regarding unsworn declarations under penalty of perjury. Instead, further amends the offense of perjury set forth in GS 14-209. Now makes it a Class F felony to knowingly and intentionally make a false statement under oath or affirmation in any matter in any court, in any deposition or affidavit taken pursuant to law, in any oath or affirmation duly administered of or concerning any matter or thing where the person is lawfully required to be sworn or affirmed (previously, the offense required willfully and corruptly committing perjury in the form prescribed by previously proposed GS 7A-98). Appears to intend that this provision is effective December 1, 2019, and applies to offenses committed on or after that date (was, 30 days after the Director of AOC certifies that AOC is ready to begin implementation of an integrated case management system).

Enacts GS 7A-49.5(b1) to mandate the Supreme Court to promulgate rules authorizing electronic filing and electronic signatures, including rules requiring registration to participate in e-filing and security procedures that include mandatory submission of identification to e-file pro se.

Requires AOC to report the rules promulgated under new GS 7A-49.5(b1) to the specified NCGA committee by March 1, 2020.

Makes a technical change to the proposed changes to GS 105A-9, concerning appeals to superior court for a hearing de novo within 10 days of an order of the clerk of superior court, the AOC Director, or a designee. 

Part II.

Modifies the proposed changes to GS 44A-4, which allows a lienor to institute a special proceeding to sell a vehicle which has a fair market value of less than $800 in cases in which the certified mail notice is returned undeliverable or if the legal title holder cannot be reasonably ascertained. Now limits the special proceeding to no more than ten vehicles so long as the proceeds of each sale were only subject to valid claims and excess proceeds are paid to the Treasurer for disposition (previously, limited the proceeding to the sale of one vehicle and eliminated proceed restrictions). 

Part III.

Amends GS 7B-2102 to allow for fingerprints of juveniles adjudicated delinquent of an offense that would be a felony if committed by an adult to be entered into a local fingerprint database to be used for investigative and comparison purposes so long as the law enforcement agency with jurisdiction is served by a secure crime lab facility that maintains a local fingerprint database.

Amends GS 15A-145.8, as enacted by SL 2019-186, concerning expunction of records when charges are remanded to district court for juvenile adjudication. Requires the court to order the expunction of DNA records when the person's charges have been remanded to district court for juvenile adjudication (was, when the person's case has been dismissed by the trial court) and the person's DNA record or profile has been included in the State DNA Database and the person's DNA sample is stored in the Databank as a result of the charges that were remanded. No longer amends the required content of the order. Also amends the requirements of the clerk upon order of expungement to now require the clerk to send a certified copy of the order to the defendant, the defendant's attorney, the AOC, and the state and local agencies listed under specified state law. Adds that agencies in receipt of certified copies must delete any public records made as a result of the charges that have been remanded to district court for juvenile adjudication. Prohibits deletion of records related to juvenile adjudication; deems these records confidential. Maintains the effective date of December 1, 2019.

Amends GS 15A-832 to except from the requirement of the district attorney's office to notify a victim of all court proceedings by type of notice the victim has elected to receive notice as required under GS 15A-835(b)(2), concerning appellate proceedings, and GS 15A-837(a)(2), concerning hearings relating to the defendant's supervision. Effective retroactively to August 31, 2019.

Amends GS 127B-29, as enacted in SL 2019-161, to change the federal statutory cross-reference regarding servicemember dependents' rights and protections under new Article 4, NC Servicemembers Civil Relief Act. Effective retroactively to October 1, 2019.

Part IV.

Amends GS 1A-1, Rule 40, concerning the assignment of cases for trial and continuances. Mandates that a request for continuance must be granted when requested to fulfill an obligation of service by carrying out any duties as a member of the General Assembly or service on the Rules Review Commission or any other board, commission, or authority as an appointee of the Governor, the Lieutenant Governor, or the General Assembly (previously, included these obligations as good cause shown for continuance requests which may be granted). Makes conforming changes to GS 15A-952. Maintains the effective date of December 1, 2019.

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