Bill Summary for H 186 (2023-2024)

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Summary date: 

Mar 15 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 186 (Public) Filed Wednesday, February 22, 2023
AN ACT TO MODIFY THE TRANSFER PROCESS FOR JUVENILES WHO ALLEGEDLY COMMITTED CERTAIN FELONIES, TO MODIFY THE CONFIDENTIALITY OF CERTAIN INFORMATION CONCERNING JUVENILES UNDER INVESTIGATION, TO MODIFY THE INTERROGATION PROCEDURES FOR CERTAIN JUVENILES, TO MODIFY THE SERVICE OF SUMMONS FOR JUVENILE PETITIONS, TO CLARIFY THE PROCESS FOR COURT-ORDERED EVALUATIONS FOR JUVENILES, TO CLARIFY MINORITY SENSITIVITY TRAINING FOR LAW ENFORCEMENT PERSONNEL, TO CLARIFY JUVENILE DETENTION TRANSFER, TO MAKE VARIOUS TECHNICAL AND CONFORMING CHANGES, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF JUVENILE JUSTICE, TO CREATE LAWS TO EVALUATE WHETHER A JUVENILE HAS THE CAPACITY TO PROCEED, TO MODIFY CERTAIN LAWS RELATED TO SECURE CUSTODY ORDERS, TO AUTHORIZE CERTAIN DEPARTMENT OF INSURANCE LEASE EXPENSES, AND TO MAKE TECHNICAL CHANGES TO S.L. 2023-97.
Intro. by Davis, Pyrtle, Carson Smith, A. Jones.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Further amends GS 7B-1806, adding a new provision deeming a defense of lack of personal jurisdiction or insufficiency of service of process to be waived if a parent, guardian, or custodian and juvenile avail themselves to the court and an objection is not raised at the initial court appearance. 

Modifies new GS 7B-1902.5, which authorizes courts to impose alternatives to juvenile detention under the supervision of a juvenile court counselor, to limit the court's authority to only juveniles not alleged to have committed an offense that would be a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult.

Revises new GS 7B-3103, which authorizes courts to order the Division of Juvenile Justice of the Department of Public Safety or any law enforcement agency to release to the public specified information about a juvenile upon making three written findings in the order, to include in the required findings that the filed petition alleges the juvenile committed at least one offense that would be a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult (previously required a finding that the petition alleges an offense that would be a Class A, B1, B2, or C felony if committed by an adult). Additionally amends the information that is subject to disclosure to include the juvenile's last name rather than only the initial of the juvenile's last name.