Bill Summary for H 252 (2021)

Summary date: 

Jun 30 2022

Bill Information:

View NCGA Bill Details2021
House Bill 252 (Public) Filed Tuesday, March 9, 2021
AN ACT TO MODIFY QUALIFICATIONS AND TESTING PROCEDURES FOR BAIL BONDSMEN AND RUNNERS, TO MODIFY VARIOUS PROVISIONS RELATED TO BAIL BOND FORFEITURES, TO RECODIFY THE OFFENSE OF VEHICLE TAMPERING, TO AUTHORIZE THE STATE TO EXERCISE CONCURRENT JURISDICTION FOR OFFENSES COMMITTED BY JUVENILES ON UNITED STATES MILITARY BASES LOCATED WITHIN THE STATE, TO ALLOW ALL SPECIAL AGENTS OF THE DEPARTMENT OF DEFENSE TO ASSIST STATE AND LOCAL LAW ENFORCEMENT UPON REQUEST, TO CLARIFY VACANCY ELECTIONS FOR DISTRICT COURT JUDGES, AND TO MAKE TECHNICAL CORRECTIONS.
Intro. by McNeill, C. Smith, Richardson, Greene.

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Bill summary

Conference report make the following changes to the 4th edition. 

Section 3

Amends GS 15A-544.4(e), which requires the notice of forfeiture of a bail bond following a defendant's failure to appear to be mailed within 30 days of the date on which the defendant fails to appear as required and a call and fail is ordered. Repeals the provision which deems the forfeiture to not be a final judgment and prohibits enforcement or reporting of the judgement if the required notice is not given within the prescribed time. 

Further amends GS 15A-544.5 relating to setting aside a forfeiture. Requires a motion to set aside a forfeiture by reason of the notice having not met the prescribed time required in GS 15A-544.4(e), to be filed within 30 days of the date the notice was given pursuant to GS 15A-544.4(d) (which provides for effect of the notice upon its mailing). Makes organizational changes. Allows for a court to consider two separate motions to set aside a specific forfeiture if one is a motion to set aside for reason that the notice did not meet the prescribed time required in GS 15A-544.4(e). 

Amends GS 15A-544.8 to prohibit a court from granting relief to a defendant or surety named in the judgement on the grounds of notice having not been given as provided in GS 15A-544.4, if solely due to failure to provide notice within 30 days as required by GS 15A-544.4(e). 

Adds the following new content. 

Section 4

Recodifies GS 20-107, which deems injuring or tampering with a vehicle a Class 2 misdemeanor offense, as GS 14-160.4. Amends GS 20-49 to include enforcement of GS 14-160.4, as recodified, in the powers granted to the Commissioner of Motor Vehicles and designated officers and inspectors of the Division of Motor Vehicles, the Highway Patrol, and law enforcement officers of the Department of Public Safety (DPS). Applies to offenses committed on or after December 1, 2022. 

Section 5

Amends GS 104-11.1 by directing the State to exercise concurrent jurisdiction with the United States over US Department of Defense military installations located in the State in matters relating to violations of federal law by juveniles within those installations, so long as the US Attorney or the US District Court waives exclusive jurisdiction and the federal violation is also a crime or infraction under State law.

Enacts GS 7B-1605, granting district courts exclusive original jurisdiction over any case involving a juvenile who is alleged to be delinquent as the result of an act committed within the boundaries of military installation that is a crime or infraction under State law when concurrent jurisdiction has been established pursuant to GS 104-11.1, as amended.

Expands the definition of vulnerable juvenile under Subchapter II, GS Chapter 7B, which governs undisciplined and delinquent juveniles, to include any juvenile who, while less than 10 years of age but at least 6 years of age, commits an act within the boundaries of a military installation that is a crime or infraction under State law, and who is not a delinquent juvenile.

Applies to acts committed on or after December 1, 2022. 

Section 6

Amends GS 15A-406, which authorizes federal law enforcement officers to assist in the enforcement of criminal laws in our State upon request. Revises the list of persons included in the defined term federal law enforcement officer. Adds special agents of the Department of Defense, including the Army Criminal Investigation Division, Air Force Office of Special Investigations, and Defense Criminal Investigative Service, to the US Naval Investigative Service special agents already included in the term, all of whom must be employed full-time and have authority to carry firearms in the performance of their duties.

Section 7

Amends the procedure for filling district court judge vacancies by appointment under GS 7A-142 as follows. Provides for the gubernatorial appointment to serve until an election is conducted at the same time as the next election for NCGA members that is more than 60 days after the vacancy occurs. Provides for the appointee to serve the unexpired term or until an election is certified held as specified, based on whether the unexpired term of office ends on the first day of January following the next NCGA election or on the first day of January two years following the next NCGA election, respectively. Enacts new subsection (d) detailing parameters of elections held under the statute, with either the procedures of GS Chapter 163 applying if the vacancy occurs prior to the opening of the filing period under GS 163-106.2, or pursuant to GS Chapter 163 with four described variances if the vacancy occurs after the opening of the filing period under GS 163-106.2, including prescribed deadlines for nominations by political party executive committee nominees and filing of petitions by individuals seeking to appear as an unaffiliated candidate. Makes conforming changes to GS 163-9. Provides for the provisions of new subdivision (d)(2) of GS 7A-142 apply for vacancies occurring after the close of the filing period on March 4, 2022, and before September 9, 2022. 

Section 8

Subject to Senate Bill 455 becoming law, amends GS 90-94, as amended by that act, which sets out the Schedule VI controlled substances, by excluding from tetrahydrocannabinols, those found in a product with a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis (was, tetrahydrocannabinols found in hemp or hemp products).

Section 9

Makes a technical correction to eliminate conflicting effective dates provided for the changes to GS 15A-832.1 in House Bill 607, which requires the clerk to forward to the district attorney's office a copy of the victim-identifying information included with a warrant based on the testimony of a complaining witness and to maintain the clerk's copy of the form as a confidential record. Provides for the changes to be effective January 1, 2023 (eliminating the conflicting December 1, 2022, date). 

Section 10

Subject to House Bill 103 becoming law, adds the following new Section 40.13 to that act. Directs that the grant funds from the State Capital and Infrastructure Fund to the Lumbee Nation, Inc., for capital improvements or equipment at the Cultural Center Dam for $1 million for 2022-23 is to instead be provided to The Lumbee Tribe of North Carolina for capital improvements or equipment at the Cultural Center Dam, and for capital improvements or equipment at the Lumbee Tribe Historical Site for $350,000 for 2022-23 to instead be provided to The Lumbee Tribe of North Carolina for capital improvements or equipment at the Lumbee Tribe Historical Site. Effective July 1, 2022. 

Changes the act's titles. 

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