Bill Summary for H 593 (2019-2020)

Summary date: 

Jun 24 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 amendments make the following changes to the 4th edition.

Senate amendment #1 makes the following changes to Section 11.5 of the act.

Modifies new GS 14-208.12B(a) requiring the sheriff to notify a person required to register as a sex offender of the right to petition for a judicial determination of the requirement. Requires the notification to be served on the person and the district attorney. Clarifies that the superior court judge who conducts judicial review of the petition be the judge presiding in the district where the petition is filed, rather than the county.

Modifies new GS 14-208.12B(b) to delete the requirement that a hearing on a petition be held not less than three weeks and no later than 120 days from the filing of the petition, and adds requirement that prior to the hearing the petitioner be advised of the right to have counsel present at the hearing and appointed if the petitioner is indigent. Requires counsel be appointed under rules adopted by the Office of Indigent Defense Services.

Modifies new GS 14-208.12(B)(i) to clarify that liability immunity granted under this subsection applies to performance of official duties under the Article (was, section).

Amends GS 7A-451(a) to enact a new subdivision (19) to provide a right of appointed counsel for judicial review of sex offender registration requirements under new GS 14-208.12B.

Adds a new Section 11.5(c) requiring the State Bureau of Investigation to provide each district attorney with a list of class members residing in the district attorney’s jurisdiction who are subject to the federal court order in Grabarczyk v. Stein. Requires district attorneys to review the prior substantially similar determinations for persons on this list to determine if any person’s out-of-state or federal conviction would have required registration as a sex offender at the time of the offense, to notify those persons and the sheriff, and to petition the court for judicial review of the registration requirements.

Requires the Department of Public Safety to notify any person registered as a sex offender on August 1, 2020, whose registration is based solely on a substantially similar determination for an out-of-state or federal conviction of the right to contest the determination.

Adds a new Section 11.5(e) making Section 11.5 of the act effective August 1, 2020, and applies to any individual notified of the right to contest required sex offender registration on or after that date.

Senate amendment #2 makes the following changes to Section 11.7 of the act.

Modifies the amendment to GS 166A-19.31(d) to clarify that publication of a state of emergency declaration issued by a municipality or county shall include both conspicuously posting a signed copy of the declaration on the jurisdiction’s website if the jurisdiction has one and submitting a signed copy of the declaration to the Department of Public Safety WebEOC critical incident management system, at minimum.

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