Bill Summary for S 171 (2023-2024)

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Summary date: 

Feb 28 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 171 (Public) Filed Tuesday, February 28, 2023
Intro. by Daniel.

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Bill summary

Amends GS 143B-911 (pertaining to jurisdiction of Capitol Police) to change the statewide jurisdiction of the State Capitol Police so that they have the same power of arrest as law enforcement officers generally. (Currently, their power of arrest is the same as police officers in the City of Raleigh to be exercised in the city’s territorial jurisdiction, unless an officer is on State property in Wake County, then officers have additional arrest authority of a deputy sheriff.)

Amends GS 15A-150(e) (pertaining to notice for expunction of records) to require the Administrative Office of the Courts (AOC) to provide notice of expunction to State and local agencies in a matter determined by the AOC of expunctions granted for certain dispositions of dismissal, not guilty, or not responsible under the Second Chance Act [GS 15A-146(a4)]. (Currently, AOC has discretion on whether to provide notice.)  Applies to those expunctions granted on or after October 1, 2023.  

Amends GS 20-4.01(definitions pertaining to the Division of Motor Vehicles [DMV]) to add and define the term wood residual. Applies to wood residuals transported, stored, or otherwise interacted with on or after the date the act becomes law. 

Amends GS 143B-1015(c) (pertaining to missing persons) to change the time that a law enforcement agency must enter information from a missing person’s report into the National Missing and Unidentified Persons System (NamUs) to when the person or child has been missing for more than 90 days (currently, more than 30 days) or about an unidentified person who has not been identified more than 90 days (currently, more than 30 days).

Amends GS 143B-1022, establishing the North Carolina Silver Alert System to change the name to North Carolina Missing Endangered System. Amends the purpose of the alert system to also protect, in addition to those suffering from dementia or Alzheimer’s disease, a person or a child with a cognitive impairment that, in light of the person's or child's missing status, requires protection from abuse or other physical harm, neglect, or exploitation. (Currently, the law lists a person or child with a “disability” as the third type of person protected under the alert system.) Adds law enforcement agencies receiving a request pertaining to a missing person covered under the alert system as an entity, that in addition to the Center for Missing Persons (Center), must, no more than 72 hours after the person or child went missing: (1) issue an alert and (2) make every effort to disseminate the information as quickly as possible. (Currently, just the Center and no 72-hour timeframe.)  Requires Center and law enforcement agencies described above to issue guidelines and procedures related to issuing an alert and developing a procedure for the use of overhead permanent changeable message signs (in consultation with the Department of Transportation). (Currently, just the Center.)  Makes conforming changes throughout to reflect change of name.  Effective October 1, 2023, and applies to persons or children reported missing on or after that date.

Enacts GS 127A-63 (pertaining to Adjutant General access to law enforcement and medical examiner records) as follows.

Authorizes the Adjutant General or their designee to request records of criminal investigations or criminal intelligence information from a district attorney, law enforcement agency, or medical examiner for use in a court-martial action or administrative investigation involving a member of the National Guard. Requires release of the records to the Adjutant General or designee unless prohibited by court order. Specifies that records or information continue to remain State records governed by certain confidentiality provisions of State public records law (GS 127A-17.1), GS 132.14 (concerning confidentiality of records of criminal investigations), and military regulations governing official use or disclosure to servicemembers as required in connection with adjudicative proceedings. Makes conforming changes to GS 132-1.4. Applies to requests made on or after the date the act becomes law.

Amends GS 127A-47 (pertaining to courts-martial for National Guard members) to enact new subsection (b), specifying that no provision in the Uniform Code of Military Justice and Manual for Courts-Martial, United States, concerning the special trial counsel will apply to courts-martial convened under Article 2 of GS Chapter 127, nor will any such provision be construed as imposing additional or alternative procedural requirements upon the Governor of North Carolina or the North Carolina National Guard as to any "covered offense" under 10 USC § 801 (the Uniform Code of Military Justice). Makes organizational and conforming change to GS 127A-47 (specifying general courts-martial procedures) to include reference to new subsection.  Applies to courts-martial convened on or after the date the act becomes law.

Amends GS 14-208.6 (4) (definition of “reportable conviction” relating  to sex offender registration) to enact new subsubsection (4)(f), to include as a reportable conviction a final conviction in a State court-martial proceeding imposing confinement under GS 127A-48 (pertaining to courts-martial) or GS 127A-49 (pertaining to special courts-martial) for an offense which is substantially similar to an offense against a minor or a sexually violent offense as defined in GS 14-208.6. Applies to convictions occurring on or after October 1, 2023.