Bill Summary for H 261 (2021-2022)

Summary date: 

Mar 10 2021

Bill Information:

View NCGA Bill Details2021
House Bill 261 (Public) Filed Wednesday, March 10, 2021
AN ACT TO MODIFY THE DEFINITIONS OF DELINQUENT JUVENILE AND UNDISCIPLINED JUVENILE TO INCLUDE ONLY JUVENILES AT LEAST TEN YEARS OF AGE AND TO MODIFY THE MINIMUM AGE OF JUVENILE JURISDICTION.
Intro. by Morey, Hardister, Szoka, Clemmons.

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Bill summary

Amends GS 7B-1501 to limit the scope of the defined terms delinquent juvenile and undisciplined juvenile, as used in Subchapter II, to juveniles at least 10 years old (was, at least 6 years old). 

Similarly, amends GS 143B-805 to limit the scope of the defined terms delinquent juvenile and undisciplined juvenile, as used in Part 3 of Article 13 governing the Juvenile Justice Section of the Department of Public Safety, to juveniles at least 10 years old (was, at least 6 years old). 

Applies to delinquent and undisciplined acts committed on or after the date the act becomes law.

Effective four years from the date the act becomes law, repeals GS 7B-1903(f), which prohibits using physical restraints on a juvenile less than 10 years old during transport when the court determines the juvenile needs an evaluation for medical or psychiatric treatment and there is no pending delinquency charge, unless determined to be reasonably necessary for safety.

Makes conforming changes to GS 7B-2102 to remove the age restrictions for fingerprinting and photographing juveniles (currently, requires juveniles be 10 years or older at the time of the offense).

Makes conforming changes to GS 7B-2513 to remove the age restrictions for commitment of a delinquent juvenile to the Division of Adult Correction and Juvenile Justice for placement in a youth development center (currently, requires juveniles to be at least 10 years old).

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