AN ACT TO CLARIFY AND AMEND THE LAW PROVIDING FOR A FIVE-YEAR PERIOD OF POST-RELEASE SUPERVISION FOR SEX OFFENDERS BY INCREASING THE MAXIMUM SENTENCE FOR SEX OFFENDERS AND PROVIDING FOR THEIR RELEASE ON POST-RELEASE SUPERVISION WITH FIVE YEARS REMAINING ON THEIR SENTENCES AND TO PROVIDE THAT WILLFUL REFUSAL TO ACCEPT OR COMPLY WITH THE TERMS OF POST-RELEASE SUPERVISION IS PUNISHABLE AS CONTEMPT OF COURT, AND TO AMEND THE FORENSIC SCIENCES ACT. Summarized in Daily Bulletin 4/19/11, 6/2/11, and 6/15/11. Enacted June 27, 2011. Sections 5–10 are effective June 27, 2011. The remainder is effective December 1, 2011.
SEX OFFENDER SUPERVISION/FORENSIC AMENDMENTS (NEW).
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TO CLARIFY AND AMEND THE LAW PROVIDING FOR A FIVE-YEAR PERIOD OF POST-RELEASE SUPERVISION FOR SEX OFFENDERS BY INCREASING THE MAXIMUM SENTENCE FOR SEX OFFENDERS AND PROVIDING FOR THEIR RELEASE ON POST-RELEASE SUPERVISION WITH FIVE YEARS REMAINING ON THEIR SENTENCES, AND TO PROVIDE THAT WILLFUL REFUSAL TO ACCEPT OR COMPLY WITH THE TERMS OF POST-RELEASE SUPERVISION IS PUNISHABLE AS CONTEMPT OF COURT.Intro. by Apodaca.
Status: Ch. SL 2011-307 (Senate Action) (Jun 27 2011)
Bill History:
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Tue, 19 Apr 2011 Senate: Filed
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Wed, 20 Apr 2011 Senate: Passed 1st Reading
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Wed, 20 Apr 2011 Senate: Ref To Com On Judiciary I
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Thu, 2 Jun 2011 Senate: Reptd Fav Com Substitute
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Thu, 2 Jun 2011 Senate: Com Substitute Adopted
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Thu, 2 Jun 2011 Senate: Placed On Cal For 6/6/2011
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Mon, 6 Jun 2011 Senate: Passed 2nd & 3rd Reading
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Tue, 7 Jun 2011 House: Passed 1st Reading
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Tue, 7 Jun 2011 House: Ref To Com On Judiciary Subcommittee B
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Wed, 15 Jun 2011 House: Reptd Fav Com Substitute
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Wed, 15 Jun 2011 House: Cal Pursuant Rule 36(b)
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Wed, 15 Jun 2011 House: Placed On Cal For 6/15/2011
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Thu, 16 Jun 2011 House: Passed 2nd & 3rd Reading
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Thu, 16 Jun 2011 Senate: Rec To Concur H Com Sub
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Thu, 16 Jun 2011 Senate: Placed On Cal For 6/16/2011
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Thu, 16 Jun 2011 Senate: Concurred In H/com Sub
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Fri, 17 Jun 2011 Ratified
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Mon, 20 Jun 2011 Pres. To Gov. 6/20/2011
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Mon, 27 Jun 2011 Signed By Gov. 6/27/2011
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Mon, 27 Jun 2011 Ch. SL 2011-307
S 684/S.L. 2011-307
Bill Summaries:
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Summary date: Jun 30 2011 - View Summary
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Bill S 684 (2011-2012)Summary date: Jun 15 2011 - View Summary
House committee substitute makes the following changes to 2nd edition. Rewrites section 4 of SL 2011 - 19 to require forensic science professionals at the State Crime Lab to obtain individual certification within 18 months of the date the analyst becomes eligible to seek certification, or by June 1, 2012, whichever occurs later (was, as soon as practicable, but no later than June 1, 2012). Rewrites section 11 of SL 2011 – 19 to provide that until October 1, 2012, sections 7 and 8 of the act (concerning the admissibility of forensic evidence in a criminal prosecution) apply only to the North Carolina State Crime Lab, but that after that date, the provisions apply to all labs conducting forensic or chemical analysis for admission in North Carolina courts. Makes conforming changes to the title.
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Bill S 684 (2011-2012)Summary date: Jun 2 2011 - View Summary
Senate committee substitute makes the following changes to 1st edition. Rewrites proposed GS 15A-1368.2(a) to clarify that a prisoner whose maximum sentence is established pursuant to proposed GS 1340.17(f) (was, a prisoner subject to the registration requirements under Article 27A of GS Chapter 14) is released from prison as specified. Makes conforming changes to GS 15A-1354(b)(1) and GS 15A-1368(a)(5). Adds additional language to GS 15A-1368.2(b) to provide that punishment by contempt for willful refusal to accept post-release supervision or to comply with the terms of post-release supervision does not preclude the application of any other sanction provided by law for the same conduct. Makes other clarifying changes to GS 15A-1368.2(b).
Rewrites GS 143B-266(a) to provide that the Post-Release Supervision and Parole Commission (Commission) has the authority to punish for criminal contempt for willful refusal to accept post-release supervision or to comply with the terms of post-release supervision by a prisoner whose offense is a reportable conviction subject to the registration requirement of Article 27A of GS 14. Requires any contempt proceeding conducted by the Commission to be in accordance with GS 5A-15 as if the Commission were a judicial official. Makes other clarifying changes. Effective when the act becomes law.
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Bill S 684 (2011-2012)Summary date: Apr 19 2011 - View Summary
Amends GS 15A-1340.17 to provide that sentences for Class B1 through E felonies for offenses that are subject to sex offender registration are increased by 51 months over the existing sentences. Amends GS 15A-1368.2 to specify that prisoners subject to the new sentence are to be released 60 months before the end of their sentence (after service of the minimum and receiving credit for any earned time) and placed on post-release supervision. Amends GS 15A-1368.2 to specify that person may not refuse post-release supervision and that refusal is punishable by contempt of court. Time spent in incarceration for contempt is not credited against the original sentence. Specifies that willful violation of post-release supervision conditions to cause revocation is refusal to accept post-release supervision. Makes corresponding changes to contempt statutes in GS 5A-11. Contempt provisions effective when becomes law, and remainder of bill effective December 1, 2011, for offenses committed on and after that date.
View: All Summaries for Bill