03-20-15 - NC Sheriffs` Association

Weekly Legislative Report
March 20, 2015
The drafters of the Constitution of North Carolina created three separate but equal
branches of government: legislative, executive and judiciary. In a court case decided this week,
the key issue focused on separation of powers, specifically whether the legislature has the power
to appoint members of certain boards or commissions or whether the governor has the sole
authority to do so. Because this issue involved constitutional issues, it was heard by a panel of
three superior court judges. This is a new procedure enacted last year by the General Assembly
to provide that any court case challenging the constitutionality of a law enacted by the General
Assembly must be heard by a panel of three superior court judges, rather than by a single
superior court judge.
This case was brought by Governor Pat McCrory against the General Assembly.
Governor McCrory was joined as a plaintiff by former governors Jim Hunt (Democrat) and Jim
Martin (Republican). The three-judge panel of superior court judges ruled that it was
constitutionally impermissible for the General Assembly to appoint members to three specific
commissions. Legislative leaders in the House and the Senate immediately indicated that they
would appeal the decision.
Although it will be months before a final decision is rendered in the appeal of this case,
the impact was almost immediate at the General Assembly. Legislation scheduled for
consideration of various legislative appointments was pulled from the agenda upon release of
this court decision. It remains to be seen whether or not the 2015 General Assembly will
continue making appointments to boards and commissions while this court case is on appeal. The
final decision in this case will impact hundreds of appointments made to boards and
commissions by the General Assembly.
The House and Senate adjourned Thursday and will reconvene on Monday evening.
BILLS OF INTEREST
HOUSE BILL 224, AOC Omnibus Changes.-AB, is identical to Senate Bill 270 summarized in
last week’s Weekly Legislative Report. Introduced by Representatives Turner and
Baskerville, and assigned to the House Judiciary I Committee.
HOUSE BILL 225, Collect DNA For All Felony Arrests, would require a DNA sample to be
obtained from any person arrested for committing any felony offense in North Carolina.
Additionally, it would require the collection of a DNA sample from any person arrested for the
misdemeanors of: failure of a party to a labor contract to report involuntary servitude; sexual
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
battery; intercourse and sexual offenses with certain victims (school personnel less than four
years older than the victim); and enticing minors out of the State for purposes of employment.
Currently, only certain felony offenses such as murder, rape, certain sex offenses and burglary
require the collection of DNA. Introduced by Representatives Conrad, Stam and Zachary,
and assigned to the House Judiciary I Committee.
HOUSE BILL 232, Study/Update Bicycle Safety Laws, would require the Department of
Transportation (DOT) to study the bicycle safety laws in North Carolina and make
recommendations as to how these laws could be revised to better ensure the safety of bicyclists
and motorists on the roadways. The DOT would convene a working group of interested parties
knowledgeable and interested in the bicycle safety laws of North Carolina to study these issues.
This working group would include a law enforcement officer, representatives from the bicycling
and trucking industry, as well as various governmental representatives. Introduced by
Representatives Whitmire, Shepard and Jeter, and assigned to the House Committee on
Transportation.
HOUSE BILL 233, Evidence Passed Vehicle is a School Bus, would provide additional methods
for proving in court that a stopped vehicle passed by another vehicle was in fact a “school bus.”
Currently, evidence that the vehicle passed was a school bus is that the passed vehicle had a front
and rear sign containing the words school bus. This bill would provide that sufficient proof that
the vehicle passed was a school bus would include a certified copy of a record from the Division
of Motor Vehicles showing the vehicle was registered as a school bus at the time of the violation
or testimony from the school bus driver, a passenger on the school bus, or the law enforcement
officer investigating the violation that the vehicle passed was a school bus. Introduced by
Representatives Lambeth and Hanes, and assigned to the House Committee on
Transportation.
HOUSE BILL 235, Godwin/Repeal Spirituous Liquors Ban, would amend the charter of the
town of Godwin to repeal the ban on the sale of spirituous, vinous, or malt liquors within the
town limits, thus allowing for their sale. Introduced by Representative Szoka, and assigned
to the House Committee on Alcoholic Beverage Control.
HOUSE BILL 236, Certain Counties/Purchasing Exemption, would allow the counties of
Beaufort, Chowan, Currituck, Granville, Pasquotank and Stanly to contract for the purchase of
food and supplies for the county’s detention facilities without being subject to certain State
purchase and contract laws [G.S. 143-129 and G.S. 143-131(a)] which require local governments
to obtain competitive bids before awarding certain types of contracts.
This bill is similar to House Bill 58, Certain Counties Sheriff/Food Purchases, as reported on in
the February 13 and March 13, 2015 Weekly Legislative Reports. Introduced by
Representative Speciale, and assigned to the House Committee on Local Government.
HOUSE BILL 239, Restore Early Voting Days, would restore the allowable number of early
voting days to the number of days that existed prior to the enactment of the Voter Information
Verification Act. Specifically, absentee ballots would be available no earlier than the third
Thursday (currently it is the second Thursday) before an election in which absentee ballots are
Page 2 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
authorized and no later than 1:00 p.m. on the last Saturday before that election. Additionally, a
county board of elections would be required to conduct one-stop voting on the last Saturday
before the election until 1:00 p.m. and would also be authorized to conduct one-stop voting until
5:00 p.m. on that Saturday. Current law does not give a county board of election the discretion to
conduct one-stop voting until 5:00 p.m. on that last Saturday. Introduced by Representatives
Hall, Lucas, Pierce and Harrison, and assigned to the House Committee on Rules,
Calendar, and Operations of the House.
HOUSE BILL 241, Destroy Firearm/Crime of Assault or Murder, would provide that any
firearm that was used in an assault on a law enforcement officer or was used to cause serious
bodily injury or death to any person, would have to be disposed of by the court by ordering the
firearm to be destroyed unless the court determines it is appropriate to return the firearm to its
rightful owner. Introduced by Representatives Davis and Daughtry, and assigned to the
House Judiciary II Committee.
HOUSE BILL 242, White Collar Investigation, would expand the list of crimes for which an
investigative grand jury could be convened. An investigative grand jury would be able to be
convened for allegations of the commission of, attempt to commit or solicitation to commit, or a
conspiracy to commit any of the following:
1. A violation of G.S. 90-95(h) or G.S. 90-95.1 (certain controlled substance violations).
2. A violation of Article 29 or 30 of Chapter 14 of the General Statutes (relating to bribery
and obstructing justice), G.S. 14-228 (buying and selling of public offices), G.S. 14-230
(willfully failing to discharge duties), or G.S. 14-234 (public officers or employees
benefiting from public contracts).
3. A violation of G.S. 14-43.11 (human trafficking), G.S. 14-43.12 (involuntary servitude),
or G.S. 14-43.13 (sexual servitude).
Introduced by Representatives Faircloth and Stam, and assigned to the House Judiciary I
Committee.
HOUSE BILL 244, Community Corr./Interstate Compact/Fund.-AB, would require any sex
offender from another state who is transferred to North Carolina under the Interstate Compact for
Adult Offender Supervision, to be evaluated by a North Carolina court to consider whether the
offender’s criminal conviction is one that requires satellite-based monitoring.
The transferred offender would have to receive notice of this State’s hearing prior to being
transferred to North Carolina. The district attorney in the judicial district where the offender
would be supervised would have to schedule a hearing in the appropriate court in order to
determine whether the offender must enroll in satellite-based monitoring. If the court determines
in the hearing that the offender would be classified as a sexually violent predator, a recidivist,
has committed an aggravated offense, or committed a crime substantially similar to rape or sex
offense with a child (G.S. 14-27.2A and G.S. 14-27.4A) the court would have to order the
Page 3 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
offender to enroll in satellite-based monitoring for the remainder of his/her supervision in North
Carolina.
If the court finds that the transferred offender committed an offense involving the physical,
mental, or sexual abuse of a minor (a person under the age of 18) but the offense does not fall
into the categories set out in the previous paragraph, and the Division of Adult Correction
determines that the offender requires the highest possible level of supervision and monitoring,
the court would also have to order the offender to enroll in satellite-based monitoring.
Additionally, this bill would provide that if the offender has failed to comply with one or more
conditions of supervision, or the transferred offender is determined to be of high risk, the Section
of Community Corrections of the Division of Adult Correction of the Department of Public
Safety would be authorized to impose various conditions on the supervision of the offender.
Among these conditions, the offender may be required to perform community service; submit to
substance abuse assessment or treatment; submit to house arrest; submit to a curfew; or submit to
periods of confinement in a local confinement facility (jail) for a total of no more than six days
per month during any three separate months during the period of supervision. Introduced by
Representative Stevens, and assigned to the House Judiciary III Committee.
HOUSE BILL 246, Add Member/Crim. Just. Standards Comm, would provide that an additional
member would be added to the North Carolina Criminal Justice Education and Training
Standards Commission (Commission). The total number of representatives on the Commission
would be increased to thirty-two and would include a representative selected by the North
Carolina Chapter of the Federal Bureau of Investigation National Academy Associates.
Additionally, this bill would provide that in the event of a tie vote of the members of the
Commission, the chairman would have the deciding vote. Introduced by Representatives
Horn, Faircloth and McNeill, and assigned to the House Judiciary II Committee.
HOUSE BILL 253, Justice Reinvestment Act Changes.-AB, would make various changes to the
provisions of the Justice Reinvestment Act as they relate to conditions of probation, to include:
1. As a regular condition of probation, a defendant would waive all rights related to
extradition proceedings if the defendant is taken into custody outside of this State.
2. Would add the crime of impaired driving under G.S. 20-138.1 to the list of crimes that
are subject to special condition probation rules. The special condition probation rules
currently allow an offender placed on supervised probation to comply with conditions
such as: perform community service; submit to a substance abuse assessment; and house
arrest.
3. Would require the Post-Release Supervision and Parole Commission to delegate to the
Section of Community Corrections of the Division of Adult Correction, the authority to
require a post-release supervised probationer to comply with certain release conditions.
4. Would eliminate the State Community Corrections Board and would create the Justice
Reinvestment Council to act as an advisory body to the Commissioner of Adult
Page 4 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
Correction. The council would consist of various members to include a county sheriff, a
chief of a city police department, and a district attorney.
The Governor would have the appointment authority for the county sheriff and the chief
of police.
5. Would allow the Post-Release Supervision and Parole Commission to conduct all
hearings regarding violations of conditions of post-release supervision and violation of
conditions of parole by video conference proceedings.
6. Would expand the category of persons who could request the Governor issue a
requisition for the return of a person convicted of a crime in this State that has broken the
terms of his/her probation, or escaped from custody, and has fled the State. This list
would be expanded to include the Post-Release Supervision and Parole Commission and
the Director of Community Corrections. Currently, the only individuals authorized to
make this request of the Governor are the prosecuting attorney of the county where the
crime was committed, the parole board, the director of prisons, and the sheriff of the
county where the escape was made.
Introduced by Representatives Faircloth, Daughtry, Boles and Hurley, and assigned to the
House Judiciary I Committee.
HOUSE BILL 256, Handicapped Parking/Veterans Plate, would allow partially disabled veterans
to park in a handicapped parking space when they are displaying the partially disabled veteran
special license plate. Introduced by Representatives Floyd, Graham and Hall, and assigned
to the House Committee on Transportation.
HOUSE BILL 268, Amend Transportation Laws.-AB, would clarify that when either an
investigating law enforcement officer or the Department of Transportation (DOT) decide to
remove an obstruction that is interfering with the regular flow of traffic on a highway, the
decision would have to have the concurrence of the other party. Currently as written, the law is
not clear that a decision made by the DOT to move an obstruction would require the concurrence
of the investigating law enforcement officer. Introduced by Representatives Iler, Torbett,
Shepard and Tine, and assigned to the House Committee on Transportation.
HOUSE BILL 269, Caregiver Relief Act, would provide that any employer who is required to
comply with the federal Family and Medical Leave Act of 1993 (FMLA) would be required to
provide the same leave to employees who provide direct care for a sibling, grandparent,
grandchild, stepparent, or parent-in-law, that the employee would be entitled to under FMLA
with respect to a spouse, son, daughter or parents. Employees eligible for this leave would
receive protections from discrimination and would also have the right to be reinstated to their job
and to the continuation of healthcare benefits. Introduced by Representatives Fisher, FarmerButterfield, Cunningham and Hall, and assigned to the House Committee on Children,
Youth, and Families.
Page 5 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
HOUSE BILL 270, Healthy Families & Workplaces/Paid Sick Days, would provide that an
employer would have to give paid sick leave to an employee to care for a member of the
employee’s immediate family who is suffering from health issues or to care for the employee’s
own health, unless the care is covered under federal law (for example the federal Family and
Medical Leave Act of 1993). This bill would also require an employer to give paid sick time to
an employee in order to allow an employee to address the psychological, physical, or legal
effects on him/herself, or an immediate family member, due to domestic violence, sexual assault,
or stalking. These provisions would not apply to volunteers in an organization or to any persons
exempted from the Wage and Hour Act (such as persons employed in agriculture, babysitters, or
actors).
An immediate family member would be an employee’s spouse, mother, father, brother, sister,
son, daughter, grandmother, grandfather, grandson, granddaughter, whether the relationship is a
biological, foster, adoptive, step, half, or in-law relationship. Introduced by Representatives
Fisher, Farmer-Butterfield and Hall, and assigned to the House Committee on Children,
Youth, and Families.
HOUSE BILL 271, Amend Dangerous Dog Law, would change the definition of “dangerous
dog” and create other categories of potentially harmful dogs. This new definition for “dangerous
dog” would mean any dog that has, without provocation, either:
1. Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or
required cosmetic surgery or hospitalization;
2. Killed or inflicted serious injury on a domestic animal when not on its owner’s property;
or
3. Approached a person when not on its owner’s property in a vicious or terrorizing manner
in an attitude of attack.
This bill would also create the category of “at-risk dog.” An at-risk dog would mean any dog
that, without provocation:
1. Engages in any behavior that requires defensive action by a human to avoid bodily injury;
2. Acts in an aggressive manner within a fenced yard or enclosure and appears to law
enforcement to be capable of jumping over or otherwise escaping the fence or enclosure;
or
3. Bites a person without causing a significant break in the skin or serious or severe injury.
The category of “vicious dog” would also be created and would mean any dog that:
1. Without provocation has killed or inflicted severe injury on a person; or
Page 6 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
2. Has already been determined to be a dangerous dog and is subsequently found to have
committed any of the acts that constitute the elements of a dangerous dog as defined
above. A vicious dog would also mean any dog owned or kept primarily or in part for the
purpose of dog fighting, or any dog trained for dog fighting.
Specifically not covered by this law would be law enforcement dogs when carrying out their
official duties; a dog participating in a hunt while under the direct control of its owner or
handler; a dog where any injury or damage inflicted was sustained by a domestic animal while
the dog was on the property of or under the control of its owner or keeper; a dog where the injury
inflicted was sustained by a person who was committing a trespass or was otherwise tormenting
or abusing the animal; or a dog causing excessive barking as long as the dog is not exhibiting
other at-risk behaviors.
This bill would also make it unlawful for the owner of a vicious or dangerous dog to leave the
dog unattended on the owner’s real property; to permit a dangerous dog to go beyond the
owner’s real property unless the dog is leashed on a tether no longer than six feet in length and is
also muzzled; or to keep a vicious or dangerous dog on the premises without posting a sign
notifying others about the dog. The dog’s owner would be guilty of a Class 3 misdemeanor for
violating these standards.
Additionally, the bill would make the owner of a vicious dog guilty of a Class I felony if the dog
attacks a person and causes serious physical injury. The owner would be guilty of a Class F
felony if a vicious dog attacks a person and causes the victim’s death. The owner of a dangerous
dog that attacks a person and causes physical injuries that require medical treatment in excess of
$1,000.00 would be guilty of a Class 1 misdemeanor. Further, the owner of a vicious or
dangerous dog would be automatically liable in civil damages for any injuries or property
damage the dog inflicts on a person, property, or another animal. Introduced by
Representatives Moore, Alexander, Lucas and Tine, and assigned to the House Committee
on Wildlife Resources.
HOUSE BILL 273, Clarify Conditional Discharge Law, would provide that persons convicted of
impaired driving and placed on probation are not eligible for a deferred prosecution or a
conditional discharge, so that following the successful completion of probation the conviction
would not be removed from the defendant’s criminal record. Introduced by Representatives
Jackson and Glazier, and assigned to the House Judiciary II Committee.
HOUSE BILL 278, Increase Small Brewery Limits, would increase the amount of malt
beverages a small brewery could manufacture from twenty-five thousand barrels to one hundred
thousand barrels before the small brewery would have to use a wholesale distributor to distribute
the malt beverages. Introduced by Representatives Speciale, Collins, Pittman and Lambeth,
and assigned to the House Committee on Alcoholic Beverage Control.
HOUSE BILL 281, Records to Medical Examiner, would provide that the Division of Adult
Correction (DAC) would be required to turn over copies of all records associated with an inmate
that dies while in the custody of DAC to the office of the Chief Medical Examiner. Additionally,
if the North Carolina State Bureau of Investigation (SBI) conducts an investigation into the death
Page 7 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
of an inmate in the custody of DAC, a complete copy of that SBI investigation would also be
provided to the Chief Medical Examiner. These requirements would not be applicable to deaths
in custody in a local jail. Introduced by Representatives Hall, Setzer, Cunningham and
Pierce, and assigned to the House Committee on Health.
HOUSE BILL 282, Streamline Seized Vehicle Disposal.-AB, would transfer the authority to
store, process and sell motor vehicles seized for impaired driving offenses and felony speeding to
elude arrest offenses from the North Carolina Department of Public Instruction (DPI) to the State
Surplus Property Agency (the North Carolina Department of Administration). The State Surplus
Property Agency (Agency), would be authorized to enter into a contract for a statewide service,
or contracts for regional services, to tow, store, maintain and sell motor vehicles seized for the
above-referenced crimes. The Agency would be allowed to enter into specific contracts in certain
regions of the State for towing and storing vehicles while performing the same work itself in
other regions of the State. In addition to being given the authority to sell seized vehicles, the
Agency would also be given the authority to sell all State-owned supplies, materials and
equipment that are declared surplus. Introduced by Representatives Cleveland, Brown and
Riddell, and assigned to the House Committee on Regulatory Reform.
HOUSE BILL 283, Supreme Court Sessions in Morganton, would allow the Supreme Court of
North Carolina to hold sessions of the Supreme Court not more than twice a year in the City of
Morganton in the old Burke County Courthouse. Introduced by Representatives Bishop and
Blackwell, and assigned to the House Judiciary IV Committee.
HOUSE BILL 284, CivPro/Civil Contempt/No Fines, would clarify that a court cannot impose a
fine as a sanction for committing civil contempt. Introduced by Representatives Glazier and
Stam, and assigned to the House Judiciary II Committee.
HOUSE BILL 287, Amend Insurance Laws.-AB, would provide that an insurance fiduciary who
violates his/her duties and causes the cancellation or nonrenewal of a group health or group life
insurance plan would be guilty of a Class C felony if the total value of the loss is $100,000 or
more. If the total value of the loss suffered is less than $100,000, the fiduciary would be guilty of
a Class H felony. Introduced by Representatives Setzer and Bumgardner, and assigned to
the House Committee on Insurance.
HOUSE BILL 290, Prohibit Powdered Alcohol, would provide that it is unlawful for any person
to manufacture, sell, transport, import, deliver, furnish, purchase, consume, or possess powdered
alcohol. “Powdered alcohol” means any powder or crystalline substance capable of being
converted into a liquid alcoholic beverage fit for human consumption. Introduced by
Representative Willingham, and assigned to the House Committee on Alcoholic Beverage
Control.
HOUSE BILL 292, Beach Bingo Licenses.-AB, would provide that anyone operating a beach
bingo game (a bingo game with a prize having a value less than $10.00) must obtain a license
from the Department of Public Safety. Operating a beach bingo game without this license would
be a Class 2 misdemeanor. Additionally, providing false information in an application for a
Page 8 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
beach bingo license would be a Class 2 misdemeanor. Introduced by Representative Hurley,
and assigned to the House Judiciary I Committee.
HOUSE BILL 294, Prohibit Cell Phone/Delinquent Juvenile.-AB, would make it a Class H
felony for anyone to sell or give a cellular telephone to a delinquent juvenile in the custody of the
Division of Juvenile Justice of the Department of Public Safety. Selling or giving a cellular
telephone to any inmate (juvenile or adult) in the custody of a local jail would continue to be a
Class H felony. Introduced by Representative Boles, and assigned to the House Judiciary II
Committee.
HOUSE BILL 295, Juvenile Media Release.-AB, would require the Division of Juvenile Justice
of the Department of Public Safety, within twenty-four hours of the time a juvenile escapes from
custody, to determine the level of threat posed by the juvenile to the community. If the Division
of Juvenile Justice determines that it is appropriate, the Division would release identifying
information about the juvenile to the public. The threat level determination would be made by
the Deputy Commissioner of Juvenile Justice or the Deputy Commissioner’s
designee. Introduced by Representative Boles, and assigned to the House Judiciary II
Committee.
HOUSE BILL 299, Occ.Lic./Private Protective Svcs. Act Changes-AB, would provide that the
Private Protective Services Board (Board) has the authority to conduct investigations into
allegations of unlicensed activity of the type regulated by the Board (for example, allegations of
unlicensed persons acting as private investigators). Additionally, the Board would be able to
require an applicant for a license with the Board, who fails to pay the initial license fee, to pay a
late fee not to exceed $100.00. The Board would also be authorized to grant a ninety-day
extension to any licensee, trainee, or registrant who is temporarily unable to complete the
renewal application requirements because of a physical disability or medical condition. Any
information provided to support that disability or condition would not be considered a public
record. Introduced by Representatives Burr and McNeill, and assigned to the House
Judiciary II Committee.
SENATE BILL 274, Law Enforcement/Appointed Offices, would modify current law to allow a
State or local law enforcement agency to authorize any person who holds an appointed office in
that law enforcement agency (for example, a sworn law enforcement officer) to also hold up to
two additional appointed offices with other agencies at the same time. Currently, law
enforcement officers are able to only hold one additional appointed office. Introduced by
Senator Davis, and assigned to the Senate Committee on Rules and Operations of the
Senate.
SENATE BILL 278, Correct State Boards and Commissions, would prohibit any member of the
General Assembly from serving on the Domestic Violence Commission. Introduced by Senator
Barefoot, and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 286, Regulate the Sale of E-Liquid Containers, would make it a Class A1
misdemeanor for a person, firm, or corporation to sell or introduce into commerce in this State an
“E-liquid container” unless the container meets the standards for child-resistant packaging and is
Page 9 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
labeled with safety warnings consistent with rules adopted by the North Carolina Commission
for Public Health. “E-liquid” would be defined as a liquid product, whether or not it contains
nicotine, that is intended to be vaporized and inhaled using a vapor product such as an electronic
cigarette, electronic cigar, or electronic pipe. An “E-liquid container” would be any bottle or
other container of E-liquid. However, an E-liquid container would not include a container
holding E-liquid in a cartridge that is intended for use in a vapor product if the cartridge is prefilled and sealed by the manufacturer and is not intended to be opened by the consumer.
“Child-resistant packaging” would be packaging that is designed to be significantly difficult for
children under the age of five to open or obtain a harmful amount of the substance within a
reasonable time, but is not difficult for normal adults to properly use.
Any person, firm, or corporation that violates these standards would be liable in damages to any
person injured as a result of the violation. Introduced by Senators Bingham and Davis, and
assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 288, Amend Laws Regarding Mental Commitment Bars, would modify the types
of mental incompetency orders that would have to be forwarded to the National Instant Criminal
Background System (NICS) and would also modify the process for an individual to restore
his/her firearms rights after a finding of mental incompetency.
Currently, the following types of orders must be transmitted by the clerk of superior court to
NICS:
1. A determination that an individual has been involuntarily committed for inpatient mental
health treatment;
2. A determination that an individual has been involuntarily committed for outpatient
mental health treatment;
3. A determination that an individual has been involuntarily committed for substance abuse
treatment;
4. A finding that an individual is not guilty by reason of insanity;
5. A finding that an individual is mentally incompetent to proceed to criminal trial; and
6. A finding that an individual lacks the capacity to manage the individual’s own affairs due
to marked subnormal intelligence or mental illness, incompetency, condition, or disease.
This bill would modify item number six above to delete the criteria of “incompetency,”
“condition,” or “disease.” Therefore, clerks of superior court would only forward such a court
order to NICS if it found that an individual “lacks the capacity to manage the individuals own
affairs due to marked subnormal intelligence, mental illness, or incompetency.”
This bill would also provide that an individual who is subject to an order of incompetence as
described in item number six above would have to file a petition for restoration to competency
Page 10 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
before the clerk of superior court, who would in turn hold a hearing to determine if the individual
is again competent to manage his/her own affairs. If the clerk of superior court does find that the
individual has regained his/her competency, the clerk would be required to forward this finding
to NICS. Currently, an individual subject to an incompetence order as set out in item six above
has to file a petition for restoration of firearms rights with a district court judge. Introduced by
Senator Cook, and assigned to the Senate Committee on Rules and Operations of the
Senate.
SENATE BILL 295, Move Over/Waste & Recycling Trucks, would add motor vehicles being
used in the collection of garbage or recycling to the list of “public service vehicles” for which an
approaching vehicle must either move into another lane of travel away from the parked or
standing public service vehicle or operate the motor vehicle at a reduced speed and be prepared
to stop until they are completely past the public service vehicle. Introduced by Senator Wade,
and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 297, Prenatal Narcotic Drug Use/Criminal Offense, would create the criminal
offense of prenatal narcotics drug use. A woman could be prosecuted for simple assault for the
illegal use of a narcotic drug while pregnant if her child is born addicted to or harmed by the
drug. It would be a defense to prosecution for this assault if the woman actively enrolled in an
addiction recovery program before the child was born, remained in the program after delivery,
and successfully completed the program, regardless of whether the child was harmed or born
addicted. Introduced by Senators Jackson and Pate, and assigned to the Senate Committee
on Rules and Operations of the Senate.
SENATE BILL 298, School Bus Cameras/Civil Penalties, would authorize a county to adopt an
ordinance for the civil enforcement of the North Carolina statute requiring drivers to come to a
complete stop for a marked and stopped school bus (G.S. 20-217) by means of an automated
school bus safety camera. A civil penalty of $500.00 would be assessed for a violation of the
ordinance.
The owner of the motor vehicle would be responsible for this civil violation unless the owner can
provide evidence that the vehicle was under the control of another person at the time of the
violation. The civil penalty for a violation of this ordinance would not be a criminal violation and
no points would be assessed against the motorist’s drivers license. Introduced by Senators
Alexander and McInnis, and assigned to the Senate Committee on Rules and Operations of
the Senate.
SENATE BILL 308, 0.00 Alcohol Restriction-All DWI, is identical to House Bill 31
summarized in the February 6, 2015 Weekly Legislative Report. Introduced by Senator Stein,
and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 309, Amend Habitual DWI, is identical to House Bill 32 summarized in the
February 6, 2015 Weekly Legislative Report. Introduced by Senator Stein, and assigned to
the Senate Committee on Rules and Operations of the Senate.
Page 11 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
SENATE BILL 310, Domestic Violence/Bail & Aggravating Factor, would provide that when a
defendant has been charged with a domestic violence offense (such as assault, stalking or
communicating threats) against a person with whom the defendant has been in a dating
relationship, a judge (as opposed to a magistrate) would determine the conditions of pretrial
release.
This bill would also expand the list of aggravating factors that could be considered by a court in
determining whether to impose an aggravated sentence on a defendant. The bill would make it an
aggravating factor if a defendant knew, or should have known, that a person under the age of
eighteen (who was not involved in the commission of the crime) witnessed the offense by sight
or hearing. Introduced by Senators Daniel and Stein, and assigned to the Senate Committee
on Rules and Operations of the Senate.
SENATE BILL 314, Reform Abandoned Livestock Procedures, would amend the holding and
advertising period for unclaimed livestock. Currently, any person may impound livestock (such
as sheep, goats, swine, or horses) found running at large or straying onto that person’s property.
If the owner of the impounded livestock is not known or cannot be found, the person who
impounds the livestock must tell the sheriff of the county where the livestock was found that the
livestock has been impounded and give a description of the livestock to the sheriff. Currently, if
the owner of the livestock remains unknown to the impounder, then thirty days after giving
notice of the livestock to the sheriff, the impounder is able to post a notice in public places
throughout the township where the livestock is impounded and state the place, date and hour that
the livestock will be sold. If the owner does not come forward within twenty days of this posting,
the impounder can sell the livestock at public auction.
This bill would reduce the time for giving notice in public places from thirty days to three days.
Additionally, this bill would reduce from twenty days to ten days the amount of time the
impounder would have to wait before selling the livestock at public auction. This bill is
supported by the North Carolina Sheriffs’ Association. Introduced by Senators Woodard and
McKissick, and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 317, Strengthen Controlled Substances Monitoring, is identical to House Bill
165 summarized in the March 6, 2015 Weekly Legislative Report. Introduced by Senators
Hise, Clark and Tarte, and assigned to the Senate Committee on Rules and Operations of
the Senate.
SENATE BILL 327, Allow Prize-Linked Savings Accounts, would allow banks and savings and
loan associations to conduct savings promotion raffles. Banks and savings and loan associations
would be able to offer savings promotion raffles to customers of the institutions who deposited a
minimum specified amount of money in a savings account or other savings program offered by
the institution. The bank or savings and loan association would have to maintain records so that
an audit could be conducted of the savings promotion raffle. Introduced by Senators Gunn,
Ford and McInnis, and assigned to the Senate Committee on Rules and Operations of the
Senate.
Page 12 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
SENATE BILL 331, Juvenile Code Reform, would make various changes to the juvenile code in
North Carolina, to include:
a. No in-custody interrogation statement taken from a juvenile less than sixteen years of age
would be able to be admitted into evidence unless the statement was taken in the presence
of the juvenile’s parent, guardian, custodian, or attorney. Currently, these protections
only apply to in-custody interrogations of juveniles less than fourteen years of age.
b. Would provide that when a court in a proceeding to determine if a juvenile should be
referred to trial as an adult does not find probable case for a felony offense but does find
probable cause to believe the juvenile committed a misdemeanor offense, the court would
have to conduct a separate hearing in order to adjudicate the juvenile delinquent of the
misdemeanor. Currently, a separate hearing is not required to adjudicate the juvenile
delinquent of a lesser offense.
c. Would establish a formal procedure for making a motion to suppress evidence in a
hearing to adjudicate a juvenile delinquent. If the motion to suppress evidence is made
before the hearing begins, the motion would have to be in writing and accompanied by an
affidavit containing facts to support the motion. However, a motion to suppress evidence
would be allowed to be made verbally if made during the hearing itself.
d. Would provide that when a complaint against a juvenile is received by a juvenile court
counselor alleging the juvenile committed a criminal offense, the juvenile court counselor
would be required to attempt to determine if any previous complaints had been received
against the juvenile. If the juvenile court counselor is not able to determine that a
previous complaint has been filed against the juvenile, the juvenile court counselor would
be required to make an effort to meet with the juvenile and the juvenile’s parent,
guardian, or custodian to determine if the offense could be diverted from the formal
juvenile court process.
e. Would allow a prosecutor, in a juvenile delinquency hearing, to dismiss allegations
against a juvenile either with or without leave by entering a verbal dismissal in open
court or by filing a written dismissal with the clerk of superior court. A dismissal with
leave would allow the prosecutor to refile the allegations at a later time. A dismissal
without leave would not allow a refiling of the allegations. If the prosecutor dismisses a
petition with leave because the juvenile failed to appear in court, the prosecutor would be
able to refile the petition if the juvenile is later apprehended.
f. Would allow a delinquent juvenile who is at least sixteen years of age to file a petition in
court to have his/her delinquency records expunged if the juvenile had been adjudicated
delinquent of a “minor offense” as defined in G.S. 7B-2508 (Class 1, 2, or 3
misdemeanor). As a condition for filing a motion to expunge his/her juvenile records, the
Page 13 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
juvenile must not have subsequently been adjudicated delinquent or convicted as an adult
of any felony or misdemeanor crimes.
Introduced by Senators Daniel and Hartsell, and assigned to the Senate Committee on
Rules and Operations of the Senate.
SENATE BILL 337, Caregiver Relief Act, is identical to House Bill 269 summarized above in
this week's Weekly Legislative Report. Introduced by Senators Bryant, Woodard and
Jackson, and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 345, Limit Storage Fees on Damaged Vehicle, would limit the amount of storage
fees that could be charged to owners, or persons with an ownership interest, in a motor vehicle
that was damaged as a result of a wreck. A law enforcement agency that impounds a motor
vehicle after a crash would have to limit the time that it stores the motor vehicle.
A motor vehicle owner, the insurer of the motor vehicle and any other person with an ownership
interest in the motor vehicle, would not be liable for any storage charges in excess of $500.00. A
law enforcement agency would be authorized, but not required to move the motor vehicle from a
commercial storage facility to a public storage facility if the law enforcement agency finds that
storage fees may exceed $500.00. These limitations on storage fees do not apply to a motor
vehicle that has been seized and stored as a result of a violation of the law or a motor vehicle that
was abandoned by its owner. Introduced by Senator Meredith.
BILL STATUS
HOUSE BILL 5, Military Veterans Special Plate, has passed the House and has been sent to the
Senate for their consideration.
HOUSE BILL 7, Amend Firearm Restoration Law, has passed the House, and has been assigned
to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 58, Certain Counties Sheriff/Food Purchases, has passed the House, and has been
assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 82, Execution/Nonsecure Custody Order/Child Abuse, has passed the House
Judiciary III Committee, and has been scheduled for a vote in the House on Tuesday, March 24,
2015.
HOUSE BILL 102, Utility Vehicles/Law Enforcement, has passed the House, and has been
assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 113, Protect Our Students Act, has passed the House and has been sent to the
Senate for their consideration.
Page 14 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
HOUSE BILL 130, Davie County/Food for Detention Facilities, has passed the House Judiciary
I Committee with amendments, and has been scheduled for a vote in the House on Monday,
March 23, 2015. This bill was amended to provide that Davie County and the sheriff may enter
into a contract with the local board of education to provide meals for inmates in the county’s
detention facility. Previously, the bill stated that the Davie County Sheriff’s Office could
contract with the Davie County Board of Education to allow the cafeteria of one or more public
schools in Davie County to provide meals for inmates. The bill was also amended to remove the
language that State funds could not be used to purchase food or other items used for the
preparation or provision of food under the contract.
HOUSE BILL 169, Limit Motor Vehicle Emissions Inspections, has passed the House
Committee on Transportation with amendments, and has been reassigned to the House
Committee on Finance. This bill was amended to add Granville County to the list of counties
where a motor vehicle emissions inspection would no longer be required.
HOUSE BILL 173, Omnibus Criminal Law Bill, has passed the House Judiciary II Committee
with amendments, has passed a second vote in the House, and has been scheduled for a vote in
the House on Monday, March 23, 2015. This bill was amended to remove various provisions
from the previous version of the bill, to include:
1. Removal of the language that would have allowed State-appointed public defenders who
are permanent employees of the State of North Carolina to have access to selected
information available in the State Criminal Justice Law Enforcement Automated Data
System (CJLEADS);
2. Removal of the language that would have allowed a petition or order to dispose of a
weapon to be transmitted electronically or by facsimile to the appropriate person or
agency; and
3. Removal of the provision that would have allowed (instead of required) the bond to be
doubled for a defendant arrested for failure to appear on a previous criminal charge where
no conditions of pretrial release are specified on the order.
The bill was also amended to provide that, after conditions for pretrial release are determined for
a defendant who is charged with an offense and who is currently on pretrial release for a prior
offense, a judicial official would be allowed (currently, the law requires) to double the amount of
the defendant’s most recent bond, with a minimum amount set at $1,000.
HOUSE BILL 205, Increase Retirement Age/Judges & Magistrates, has passed the House
Judiciary IV Committee with amendments, and has been reassigned to the House Committee on
Pensions and Retirement. This bill was amended to provide that the service of judges, justices,
and magistrates would not be able to continue past the end of the calendar year the judge, justice,
or magistrate turns 75 years old. The previous version of the bill did not include magistrates and
provided that service could not continue past the end of the month the judge or justice turned 75.
Page 15 of 16
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 20, 2015
HOUSE BILL 211, Expand Use of Toxicology Funds, has passed the House Judiciary III
Committee, and has been scheduled for a vote in the House on Tuesday, March 24, 2015.
SENATE BILL 60, No Contact Order/No Expiration, has passed the Senate, and has been
assigned to the House Judiciary II Committee.
SENATE BILL 78, Off-Duty Correctional Officers/Conceal Carry, has passed the Senate, and
has been assigned to the House Judiciary I Committee.
SENATE BILL 89, Disqualification Notice/Pistol Sale Permit, has passed the Senate, and has
been assigned to the House Judiciary I Committee.
SENATE BILL 185, Clarify Credit for Time Served, has passed the Senate, and has been
assigned to the House Judiciary II Committee.
The Weekly Legislative Report is provided at no charge as a service to the sheriffs,
criminal justice community and citizens of North Carolina.
North Carolina Sheriffs’ Association, Inc.
Proudly Serving the Sheriffs and Citizens of North Carolina Since 1922
www.ncsheriffs.org
Page 16 of 16