Bill Summary for H 834
Printer-friendly: Click to view
Summary date:
Bill Information:
View NCGA Bill Details | 2023-2024 Session |
AN ACT TO MODIFY THE DEFINITION OF DELINQUENT JUVENILE, TO MODIFY THE TRANSFER PROCESS FOR INDICTED JUVENILE CASES, TO CREATE A NEW PROCESS TO REMOVE A CASE TO JUVENILE COURT, TO MAKE CHANGES TO SCHOOL USE OF INFORMATION, TO MAKE SECURE CUSTODY HEARING CHANGES, TO MAKE TECHNICAL CORRECTIONS, TO MAKE CHANGES TO CERTAIN DISPOSITIONAL ALTERNATIVES, AND TO INCREASE THE PUNISHMENT FOR AN ADULT TO SOLICIT A MINOR TO COMMIT A CRIME AND TO MODIFY THE NUMBER OF DAYS FOR REQUEST FOR REVIEW BY A PROSECUTOR.Intro. by Davis, N. Jackson.
View: All Summaries for Bill | Tracking: |
Bill summary
Senate committee substitute to the 2nd edition replaces the bill in its entirety with the following.
Amends the definition of delinquent juvenile in GS 7B-1501 to exclude persons under the age of eighteen but who are at least sixteen who commit the following offenses: any offense punishable as a Class A, B1, B2, C, D, or E felony if committed by an adult, together with any offense based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan of that offense, and any greater or lesser included offense of that offense. Makes organizational changes.
Adds new GS 15A-960 (removal of juveniles charged with committing a Class A, B1, B2, C, D, or E felony), requiring the superior court to issue a written order for the removal of the action to juvenile court upon joint motion of the prosecutor and the defendant's attorney, when an indictment has been return or a criminal information has been issued for the above felonies so long as the jury has not been sworn and impaneled. Requires the order to direct that the chief court counselor or his or her designee file a juvenile petition in the case within ten calendar days after removal is ordered. Directs the prosecutor to provide the chief court counselor or his or her designee with a copy of the joint motion prior to submitting the motion to the court. Provides for expunction of the superior court charges and record by the superior court. Allows for an order of secure custody and provides for delivery of such order to the chief court counsel or designee. Makes conforming change to GS 15A-145.8 (expunction when case is remanded for juvenile adjudication) and GS 7B-1902 (custody orders, including secure custody orders). Amends GS 7B-1808 (first appearance for felony cases in juvenile court) and GS 7B-1906(b2) (continued secure custody hearings for juveniles) to include felony cases removed from superior court under GS 15A-960 as one of the felony classes that is subject to the procedural requirements of the statute.
Amends GS 7B-2200 (transfer of jurisdiction to superior court of juveniles under age 16) to require, in cases where jurisdiction has been transferred to superior court, for the juvenile’s case to be remanded back to district court upon joint motion of the prosecutor and the juvenile’s attorney. Provides for copies of the joint motion to be given to the chief court counselor or designee. Requires the superior court to expunge the record at the time of remand. Allows for an order of secure custody and provides for delivery of such order to the chief court counsel or designee. Makes technical, clarifying, and conforming changes.
Amends GS 7B-2200.5 (transfer of jurisdiction to superior court of juveniles 16 and older) to change the felonies that trigger a required transfer from Class A, B1, B2, C, D, E, F, or G felonies to just Class F or G felonies. Makes conforming changes.
Amends GS 7B-2202 to require the prosecutor to calendar the date of the probable cause hearing. Directs that a probable cause hearing conducted in any case in which a juvenile was thirteen, fourteen, or fifteen years of age at the time the juvenile allegedly committed an offense that would be a Class A felony if committed by an adult or in any case in which a juvenile was sixteen or seventeen years of age the time the juvenile allegedly committed an offense that would be a Class F or G felony if committed by an adult must be conducted within 90 days of the date of the juvenile's first appearance. Allows such probable cause hearings to be continued for good cause. Exempts matters that have been removed from superior court under GS 15A-960. Makes technical and conforming changes.
Adds new GS 7B-2202.5 (concerning indictment return appearances). Requires the prosecutor to immediately notify the court if a true bill of indictment is returned for an offense (i) that constitutes a Class A felony if committed by an adult that was allegedly committed when the juvenile was at least thirteen years of age but less than sixteen years of age or (ii) that constitutes a Class F or G felony if committed by an adult that was allegedly committed when the juvenile was at least sixteen years of age but less than eighteen years of age. Requires a hearing to take place within five business days of the date the true bill of indictment was returned, limited to determining only if notice of indictment as described above was provided. If so, then the court must transfer jurisdiction over the juvenile to superior court for trial and determine conditions of pretrial release under GS 7B-2204 (juvenile right to pretrial release).
Amends GS 7B-1906 to extend the time for when custody reviews automatically occur from every ten days to every thirty calendar days. Requires the court to schedule a custody review hearing within ten calendar days if any party requests or the court itself orders a custody review hearing before the next thirty-day hearing occurs.
Gives the court discretion under GS 7B-2506(4) and (22) (dispositional alternatives for juveniles) to determine whether co-participants should be held jointly and severally liable for the payment of restitution (currently, court must hold all participants jointly and severally liable for restitution).
Excludes transfers to superior court when the order transfers a Class A felony under GS 7B-2200(b) or a Class F or G felony pursuant to GS 7B-2200.5(a) from a right of appeal to superior court under GS 7B-2603. Allows those types of transfers to only be appealed in the Court of Appeals if the juvenile has been convicted in superior court.
Amends GS 7B-3101 by narrowing the types of felonies that trigger the juvenile court counselor’s obligation to notify the juvenile’s school principal that delinquency petition has been filed to Class A, B1, B2, C, D, or E felonies (currently any act that would constitute a felony if committed by adult triggers notice requirement). Requires the principal to make an individualized determination related to the student’s status during the pendency of the matter and bars an automatic suspension policy. Makes conforming changes to GS 115C-404(b).
Makes technical corrections to GS 7B-2401.2(d) (forensic evaluation reports) and GS 7B-1904 (orders for secure or nonsecure custody), effective January 1, 2025, and applying to offenses committed on or after that date.
Amends GS 7B-2401.4(f)(3) (pertaining to remediation for juveniles alleged to have committed Class F, G, H, or I felonies) to only allow an extension of the remediation for up to six months for good cause (currently, there is no good cause requirement), effective January 1, 2025, and applying to offenses committed on or after that date.
Amends GS 7B-2401.5(a) (pertaining to involuntary commitment) to direct that no juvenile committed under the statute may be placed in a situation where the juvenile will for any purpose come in contact with adults, effective January 1, 2025, and applying to offenses committed on or after that date.
Amends GS 14-2.6 (punishment for solicitation to commit a felony or misdemeanor) as follows. Specifies that a person who solicits an adult to commit certain felonies or a misdemeanor can be another adult or a minor. Directs that unless a different classification is expressly stated, a minor who solicits another minor to commit a felony is guilty of a felony that is two classes lower than the felony the minor solicited the other minor to commit, except that a solicitation to commit a Class A or Class B1 felony is a Class C felony, a solicitation to commit a Class B2 felony is a Class D felony, a solicitation to commit a Class H felony is a Class 1 misdemeanor, and a solicitation to commit a Class I felony is a Class 2 misdemeanor. Directs that unless a different classification is expressly stated, a minor who solicits another minor to commit a misdemeanor is guilty of a Class 3 misdemeanor. Directs that an adult who solicits a minor to commit a felony or misdemeanor is guilty of the same class felony or misdemeanor the adult solicited the minor to commit. Defines adult and minor.
Makes conforming changes to act's titles. Applies to offenses committed on or after December 1, 2024, except as otherwise provided above.