SEX OFFENDER PREMISES RESTRICTIONS.

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View NCGA Bill Details2021
House Bill 84 (Public) Filed Tuesday, February 16, 2021
AN ACT TO APPLY PREMISES RESTRICTIONS TO CERTAIN SEX OFFENDERS, TO CLARIFY THE EXPUNCTION OF MISDEMEANORS, AND TO AMEND THE LAW THAT IMPOSES RESIDENTIAL RESTRICTIONS ON SEX OFFENDERS TO PROVIDE THAT THE ONE THOUSAND FOOT RESTRICTION IS TO BE MEASURED FROM THE PROPERTY LINE OF THE PROPERTY ON WHICH THE SCHOOL OR CHILD CARE CENTER IS LOCATED.
Intro. by Warren, McNeill, Riddell, Stevens.
Status: Ch. SL 2021-115 (Aug 23 2021)

SOG comments (1):

Long title change

Submitted by jhenders@sog.unc.edu on

Conference report to the 2nd edition changed the long title. Previous long title was AN ACT TO APPLY PREMISES RESTRICTIONS TO CERTAIN SEX OFFENDERS.

Bill History:

H 84/S.L. 2021-115

Bill Summaries:

  • Bill H 84 (2021-2022)
    Summary date: Aug 24 2021 - View Summary

    AN ACT TO APPLY PREMISES RESTRICTIONS TO CERTAIN SEX OFFENDERS, TO CLARIFY THE EXPUNCTION OF MISDEMEANORS, AND TO AMEND THE LAW THAT IMPOSES RESIDENTIAL RESTRICTIONS ON SEX OFFENDERS TO PROVIDE THAT THE ONE THOUSAND FOOT RESTRICTION IS TO BE MEASURED FROM THE PROPERTY LINE OF THE PROPERTY ON WHICH THE SCHOOL OR CHILD CARE CENTER IS LOCATED. SL 2021-115. Enacted Aug. 23, 2021. Effective Dec. 1, 2021.

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, Public Safety and Emergency Management
    GS 14, GS 15A
  • Bill H 84 (2021-2022)
    Summary date: Aug 10 2021 - View Summary

    Conference report makes the following changes to the 2nd edition.

    Makes technical and clarifying changes to the proposed changes to GS 14-208.18 regarding premises restrictions for certain persons required to register under Article 27A, Sex Offender and Public Protection Registration Programs.

    Adds the following. 

    Amends GS 15A-145 to exclude offenses requiring registration pursuant to Article 27A of GS Chapter 14 from eligibility for the expunction of records for first offenders under the age of 18 at the time of conviction of certain misdemeanors under the statute. Specifies that the exclusion applies regardless of whether the person is currently required to register. Applies to petitions filed on or after December 1, 2021.

    Amends GS 14-208.16 concerning residential restrictions for persons required to register under Article 27A. Current law prohibits registrants from knowingly residing within 1,000 feet of the property on which any public or nonpublic school or child care center is located. Now prohibits registrants from knowingly residing at (1) any location which is within 1,000 feet of any property line of a property on which any public or nonpublic school or child care center is located or (2) within any structure, any portion of which is within 1,000 feet of any property line of a property on which any public or nonpublic school or child care center is located. Applies to offenses committed on or after December 1, 2021, by all persons registered or required to register on or after that date; excludes a person who has established residence prior to that date in accordance with subdivisions (d)(1), (2), or (3) of the statute. 

    Makes conforming changes to the act's long title. 

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, Public Safety and Emergency Management
    GS 14, GS 15A
  • Bill H 84 (2021-2022)
    Summary date: Jun 2 2021 - View Summary

    Senate committee substitute makes the following changes to the 1st edition.

    Amends GS 14-208.18 to further expand premises restrictions for certain persons required to register under Article 27A, Sex Offender and Public Protection Registration Programs. Adds that persons required to register under the Article who have committed any sexual exploitation of a minor offense in violation of GS 14-190.16, GS 14-190.17, or GS 14-190.17A (first, second, and third degree offenses, respectively), or substantially similar federal offenses or substantially similar offense in another state, are prohibited from knowingly being within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use, care, or supervision of minors (as provided in subdivision (a)(2); previously made the restrictions of subdivisions (a)(1), (a)(3), and (a)(4) applicable to the described persons).

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, Public Safety and Emergency Management
    GS 14
  • Bill H 84 (2021-2022)
    Summary date: Feb 16 2021 - View Summary

    Amends GS 14-208.18 to expand premises restrictions for certain persons required to register under Article 27A, Sex Offender and Public Protection Registration Programs. Adds that persons required to register under the Article who have committed any sexual exploitation of a minor offense in violation of GS 14-190.16, GS 14-190.17, or GS 14-190.17A (first, second, and third degree offenses, respectively), or substantially similar federal offenses or substantially similar offense in another state, are prohibited from knowingly being at the following locations: (1) on the premises of any place intended primarily for the use, care, or supervision of minors such as schools, nurseries and playgrounds; (2) any place where minors frequently congregate such as libraries, amusement parks and swimming pools, when minors are present; and (3) on the State Fairgrounds during the period that the State Fair is conducted annually, the Western NC Agricultural Center grounds during the period the NC Mountain State Fair is conducted, and on any other fairgrounds during the period an agricultural fair is being conducted. Applies to offenses committed on or after December 1, 2021.

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, Public Safety and Emergency Management
    GS 14
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