Bill Summary for H 1008 (2021)

Summary date: 

Jun 22 2022

Bill Information:

View NCGA Bill Details2021
House Bill 1008 (Public) Filed Thursday, May 19, 2022
AN ACT TO MAKE CLARIFYING CHANGES TO THE SEX OFFENDER REGISTRATION PROCESS, TO ALLOW JUDGES TO DELEGATE TO PROBATION OFFICERS A LIMITED AMOUNT OF AUTHORITY TO REDUCE TERMS OF SUPERVISED PROBATION, TO ALLOW FOR WARRANTLESS SEARCHES OF INDIVIDUALS ON POST-RELEASE SUPERVISION, TO EXPAND RENTAL PROTECTIONS FOR VICTIMS OF CERTAIN CRIMES, TO CREATE A PRIVILEGE FOR CERTAIN COMMUNICATIONS WITH VICTIM ASSISTANCE CENTERS, TO REMOVE RESTRICTIONS FOR CERTAIN SHERIFF'S CONTRACTS, TO AMEND THE EFFECTIVE DATE FOR S.L. 2015-186, TO EXTEND A LIMITED DRIVING PRIVILEGE UNTIL REINSTATEMENT DETERMINATION, AND TO PROHIBIT THE IMPERSONATION OF TAXICAB DRIVERS.
Intro. by Boles, Davis, McNeill, C. Smith.

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Bill summary

Senate committee substitute amends the 2nd edition as follows. 

Makes organizational changes, placing the previous content into Section 1.

Changes the effective date of the proposed changes to GS 14-208.12A, regarding the process for an individual required to be registered under the State’s Sex Offender and Public Protection Registration Program (Program), from July 1, 2022, to August 1, 2022.

Adds the following content.

Section 2

Enacts GS 15A-1344.2 to authorize a court to delegate the court's authority to reduce a term of supervised probation, by written order filed with the clerk, when a probation officer finds that an offender is currently in compliance with the terms of the offender's probation and has made diligent progress regarding the offender's probation. Allows revocation at any time, which must be noticed and filed with the clerk as soon as practicable following revocation, and requires the clerk to notify the officer of revocation. Requires orders to prohibit reduction until all restitution ordered as part of the sentence is paid in full. Provides grounds and proof that constitute diligent progress regarding the offender's probation, including completion of at least six months of employment demonstrated by proof of wages. Conditions the effect of a reduction of a term of supervision under the statute upon (1) the probation officer filing an affidavit with the clerk seeking a final order of the court confirming the decision; (2) notification of the district attorney and victim, subject to a hearing upon either's request; and (3) court approval of the reduction. Caps reduction of the amount of time the offender was originally required to serve on supervised probation by the probation officer to one-fourth of the original amount regardless of the instances of reduction. Applies to delegations of court authority effected on or after December 1, 2022. 

Section 3

Revises the controlling conditions of post-release supervision which can result in revocation of post-release supervision under GS 15A-1368.4(e) to include warrantless searches by the post-release supervision officer of the supervisee's person and of the supervisee's vehicle and premises while the supervisee is present for purposes reasonably related to the post-release supervision, at reasonable times (previously, only provided for searches of the supervisee's person, and did not specify that the searches do not require a warrant). 

Section 4

Amends GS 42-40 by including in the definition of a protected tenant a victim of attempted homicide or household member of a victim of homicide under the specified statutes, where the premises was the location of the crime. Amends GS 42-45.1, which allows a protected tenant to terminate his or her rental agreement for a dwelling unit by providing the landlord with a written notice of termination to be effective on a date stated in the notice that is at least 30 days after the landlord's receipt of the notice. Requires a protected tenant who is a victim of attempted homicide or household member of a homicide victim to include with the notice documentation from a law enforcement, court, or federal agency. Applies to rental agreements entered into, amended, or renewed on or after August 1, 2022.

Section 5

Enacts new GS 8-53.12A, providing as follows. Defines victim as a person who: (1) alleges a homicide has been attempted against them or committed against a family member (as defined) or someone with whom they have a significant relationship and (2) consults an agent of a victim assistance center for services concerning mental, physical, or emotional injuries suffered because of the homicide. Prohibits requiring an agent of a victim assistance center from disclosing any information that the agent acquired during the provision of services to a victim and that was necessary to enable the agent to render the services, unless the victim waives the privilege. Terminates the privilege upon the victim's death. Requires the court to compel disclosure, either at the trial or before the trial, if the court finds, by a preponderance of the evidence, a good-faith, specific, and reasonable basis for all of the following: (1) the records or testimony sought contain information that is relevant and material to factual issues to be determined in a civil proceeding or that is relevant, material, and exculpatory upon the issue of guilt, degree of guilt, or sentencing in a criminal proceeding for the offense charged or any lesser included offense; (2) the evidence is not sought merely for character impeachment purposes; and (3) the evidence sought is not merely cumulative of other evidence or information available or already obtained by the party seeking the disclosure. Requires the party seeking disclosure to have made a sufficient showing that the records are likely to contain information subject to disclosure; upon such a showing requires the records to be produced for the court under seal and examined in camera.

Section 6

Expands the scope of GS 143-131.1, which authorizes a county sheriff's office to contract for the purchase of food and food services supplies for that county's detention facilities without being subject to certain state law requirements, making the statute applicable statewide rather than limited to the counties identified in the statute. Makes conforming changes to the statute's title.

Section 7

Changes the effect and applicability of SL 2015-186, North Carolina's Drivers License Restoration Act, as amended by SL 2015-264, which revises various provisions of GS Chapter 20 relating to driving while license revoked offenses. Makes the provisions apply to offenses committed on, before, or after December 1, 2015 (was, applicable to offenses committed or after that date, and included a savings clause for prosecutions of offenses committed before that date). 

Section 8

Amends GS 20-20.1 to allow for the term of a limited driving privilege, generally limited to one year, to be extended until the date set by the Division of Motor Vehicles to determine whether the person meets conditions for reinstatement. 

Section 9

Expands GS 14-401.27, making it a Class 2 misdemeanor to impersonate a taxicab driver, with punishment increased to a Class H felony if the impersonation occurs during the commission of a separate felony offense, as described for the existing offense of impersonating a transportation network company driver provided in the statute. Applies to offenses committed on or after December 1, 2022. 

Changes the act's titles. 

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