Bill Summary for H 674 (2021)

Summary date: 

Jun 21 2022

Bill Information:

View NCGA Bill Details2021
House Bill 674 (Public) Filed Thursday, April 22, 2021
AN ACT TO REQUIRE THAT A DNA SAMPLE BE OBTAINED FROM ANY PERSON WHO IS CONVICTED OR FOUND NOT GUILTY BY REASON OF INSANITY FOR COMMITTING VARIOUS ASSAULT AND DOMESTIC VIOLENCE OFFENSES AND TO REVISE THE LAW GOVERNING THE ASSISTANCE PROGRAM FOR VICTIMS OF RAPE AND SEX OFFENSES AND TO REVISE THE LAW GOVERNING REFUNDS FOR THE OVERPAYMENT OF EXCISE TAX AND TO REQUIRE REGISTERS OF DEEDS TO MAINTAIN BACKUP STORAGE MEDIA.
Intro. by Richardson, Szoka, Wheatley.

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Bill summary

Senate committee substitute replaces the content of the 2nd edition with the following.

Amends GS 15A-266.4, which requires submission to DNA sampling for a person convicted of certain crimes or found to be not guilty for certain crimes by reason of insanity and committed to a mental health facility, expanding the crimes that trigger the statute's DNA sampling requirements to include assault on a female by a male person at least 18 years of age in violation of GS 14-33(c)(2), assault on a child under the age of 12 years in violation of GS 14-33(c)(3), and all domestic violence offenses described in GS 50B-4.1 (violation of valid protective order). Applies to convictions or findings on or after December 1, 2022.

Amends GS 143B-1200, which provides an assistance program for victims of rape and sex offenses. Prohibits medical facilities and medical professionals that perform victims' forensic medical examinations from billing the victim, the victim's personal insurance, Medicaid, Medicare, or any other collateral source for the examination and other eligible expenses (previously barred billing for examinations only). Expands the defined term forensic medical examination to require inclusion of any other act or procedure listed for the term in the identified federal laws, and any costs associated with the items listed, such as equipment, supplies, and facility fees. Requires interpretation consistent with federal law, now including 34 USC 40723(a)(3). Amends the definition of Sexual Assault Nurse Examiner (SANE) nurse to include one who conducts forensic medical examinations of rape victims or victims of sexual assault, and now requires interpretation consistent with an identified federal law. Expands the definition of sexual assault to include the following: statutory rape of a child by an adult as defined in GS 14-27.23; statutory sexual offense with a child by an adult as defined in GS 14-27.28; sexual activity by a substitute parent or custodian as defined in GS 14-27.31; sexual activity with a student as defined in GS 14-27.32; sexual battery as defined in GS 14-27.33; sexual contact or penetration under pretext of medical treatment as defined in GS 14-27.33A; and any other act defined to be sexual assault by 34 USC 40723(a)(9). Applies to forensic medical examinations completed on or after October 1, 2022.

Amends GS 131E-91 to require hospitals and ambulatory surgical facilities to have policies to prevent collections of debt related to expenses that cannot be charged to a patient pursuant to GS 143B-1200, as amended. Applies to forensic medical examinations completed on or after October 1, 2022. 

Changes the act's titles. 

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