Bill Summary for S 303 (2023-2024)
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO MAKE VARIOUS CHANGES AND TECHNICAL CORRECTIONS TO THE LAWS GOVERNING THE ADMINISTRATION OF JUSTICE.Intro. by Britt, Sanderson, McInnis.
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Bill summary
Narrows the definition of delinquent juvenile under GS 7B-1501 to exclude the following offenses committed by a person while less than 18 years of age but at least 16 years of age: (1) any offense constituting a Class A, B1, B2, or C felony, and any related offense based on the same act or transaction or a series of acts or transactions connected together or constituting parts of a single scheme or plan of that felony, and any greater or lesser included offense of that felony; (2) any firearm-related felony, as defined in GS 14-7.35, incorporates the definition of firearm set forth in GS 14-409.39 into the definition; and (3) all violations of the motor vehicle laws under GS Chapter 20. Makes organizational change. Amends GS 7B-2200.5 by making a conforming change to no longer transfer juveniles at least 16 years of age to superior court for Class A, B1, B2, or C felonies. Effective December 1, 2023 and applies to offenses committed on or after that date.
Enacts new GS 7B-2200.5(e) to authorize certain transfers to juvenile court as follows. Directs that, if the juvenile was 16 years of age or older at the time the juvenile allegedly committed a firearm-related felony (i.e., a felony committed by a person in which they used or displayed a firearm while committing the felony, as defined in G.S. 14-7.35), and in district court, then upon joint motion of the prosecutor and the juvenile's attorney, the district court must remand the case to juvenile court. Provides for procedures upon remand, including review by a prosecutor if a juvenile court counselor does not approve the filing of a juvenile court petition. Directs the district court to expunge the record in accordance with GS 15A-145.8 at the time of the remand. Authorizes the district court to issue an order for secure custody under GS 7B-1903 upon request of the prosecutor. Sets forth procedure for implementation of a secure custody order in juvenile court. Exempts juveniles charged with (1) firearm-related felonies if they are charged as Class D, E, F, G, H, or I felonies if committed by an adult or (2) a violation of the motor vehicle laws under GS Chapter 20 from remand under GS 7B-2200.5(e). Makes conforming changes to GS 15A-145.8 (expungement of records when charges are remanded to district court). Effective December 1, 2023, and applies to offenses committed on or after that date.
Amends GS 7B-3100 by expanding upon when information concerning any juvenile under investigation, alleged to be within the jurisdiction of the court, or receiving juvenile consultation services that would reveal the identity of that juvenile, can be disclosed to also include: (1) publication of pictures of runaways with the permission of a parent, guardian, custodian, or caretaker (was, limited to permission of the parents) and (2) publication of pictures, name, and identifying information of juveniles for suspect identification and apprehension when the juvenile is under investigation for commission of an offense that subjects a juvenile to transfer to superior court for prosecution under GS 7B-2200 or GS 7B-2200.5.
Amends GS 7B-2101 (pertaining to interrogation of a juvenile) to expand the scope of persons entitled to be present during an interrogation of a juvenile to include caretakers. Makes conforming changes.