Bill Summary for S 539 (2021-2022)

Summary date: 

Apr 6 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 539 (Public) Filed Monday, April 5, 2021
AN ACT TO REQUIRE DISCLOSURE OF A CONVICTION FOR HUMAN TRAFFICKING IN A CHILD CUSTODY PROCEEDING AND TO EXPAND THE CONDUCT PROHIBITED BY THE HUMAN TRAFFICKING LAW.
Intro. by Sanderson.

View: All Summaries for BillTracking:

Bill summary

Amends GS 50-13.1, concerning actions or proceedings for child custody, as follows. Amends the convictions that must be disclosed in the pleadings by a person instituting an action or proceeding for custody of a child to include conviction for: (1) sexually violent offenses under GS 14-208.6(5) (previously, limited to ex-parte actions); (2) a human trafficking offense as under GS 14-43.11 through GS 14-43.13; or (3) sexual exploitation of a minor under GS 14-190.16, GS 14-190.17, or GS 14-190.17A. Adds the requirement that any person instituting an action or proceeding for custody who has been granted or denied custody of any minor child in an action under GS Chapter 50B must disclose the filing of the action or proceeding. Makes the willful failure to make any of these required disclosures punishable as perjury. Adds the requirement that a nonparent who is seeking custody of a minor child or being given custody in a consent order, attest in the pleadings or the consent order that nothing of value has been paid or given, offered to be paid or given, or promised, in exchange for the child. 

Amends GS 14-43.11 to include in the offense of human trafficking when a person knowingly or in reckless disregard of the consequences, patronizes another person with the intent that the other person be held in involuntary or sexual servitude.

Applies to actions or proceedings commenced on or after October 1, 2021.

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view