Bill Summary for H 593 (2019-2020)

Summary date: 

Jun 23 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 593 (Public) Filed Wednesday, April 3, 2019
AN ACT TO MAKE VARIOUS MODIFICATIONS TO THE GENERAL STATUTES RELATED TO JUVENILE CRIME PREVENTION COUNCILS, INDIVIDUALS UNDER EIGHTEEN IN CUSTODY, THE STATEWIDE MISDEMEANANT CONFINEMENT PROGRAM, CRIMINAL COURT FEES, AND RADIOLOGICAL EMERGENCY PLANNING FEES; TO APPROPRIATE FUNDS; TO CREATE A REGISTRY REQUIREMENT REVIEW FOR CERTAIN SEX OFFENDERS; AND TO CLARIFY DECLARATION PUBLICATION.
Intro. by Richardson, Morey, John, Rogers.

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Bill summary

Senate committee substitute to the 3rd edition makes the following changes.

Adds new Part VI, enacting GS 14-208.12B to require a sheriff who suspects that a person is required to register as a sex offender based on a reportable conviction based on either an out-of-state conviction or a federal conviction that is substantially similar to a North Carolina sexually violent offense, or an offense against a minor, to notify the person of the right to petition the court for a judicial determination of the requirement to register; review is limited to whether the out-of-state or federal conviction is substantially similar to a reportable conviction. Sets out the process for submitting the petition. Requires the hearing to be scheduled at the next regularly scheduled term of Superior Court in the District no less than three weeks from filing of the petition and no later than 120 days from filing of the petition. If the person does not register or file the form within 30 days of receiving notification of the requirement to register the person, judicial review is deemed waived. 

Specifies that the district attorney has the burden to prove by a preponderance of the evidence, that the person's out-of-state or federal conviction is final, and for an offense, which if committed in North Carolina, was substantially similar to a sexually violent offense or an offense against a minor. Requires the judge, if the burden is met, to make a finding that the offense is substantially similar, and registration is required. Provides that the notified person is not required to register and may not be charged with failure to register or any other violation applicable to registrants until the presiding superior court judge rules on the petition and orders that the notified person register under the State's sex offender registration program or until 30 days has lapsed since notification of the requirement to register by the sheriff.

Makes failure to file a petition under the new provision and not registering a Class F felony.

Specifies that this process may not be used in lieu of the process in GS 14-208.12A to terminate the registration period.

Provides employees of a Sheriffs' Office, District Attorney's Office, and the NC State Bureau of Investigation with civil and criminal liability when performing their official duties under this statute.

Applies to individuals notified to register on or after August 1, 2020.

Adds new Part VII, amending GS 166A-19.31 to require municipalities and counties to submit notice and a signed copy of any adopted emergency declaration to the Division of Management using the State crisis management software, as well as posting a signed copy of the declaration on their website, if applicable.

Makes conforming changes to the act's long title.

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