GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 7
SENATE BILL 594
Judiciary II Committee Substitute Adopted 4/10/13
Health Care Committee Substitute Adopted 4/17/13
Fourth Edition Engrossed 4/22/13
House Committee Substitute Favorable 6/19/14
House Committee Substitute #2 Favorable 6/26/14
Seventh Edition Engrossed 6/30/14
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Short Title: Omnibus Justice Amendments. |
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Sponsors: |
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Referred to: |
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April 4, 2013
A BILL TO BE ENTITLED
AN ACT to remove prohibitions on carrying concealed FIREARMS by Administrative law judges, north carolina appellate justices and judges, AND certain department of public safety employees; to increase the penalty for carrying a concealed firearm; to increase the penalty for giving or selling a cell phone to an inmate and to make possession of a cell phone by an inmate unlawful; to amend the offense of making threats against or assaulting legislative, executive, or court officers; to create an offense when an inmate solicits another to commit a criminal offense; TO INCREASE PENALTIES FOR CERTAIN VIOLATIONS OF THE AMUSEMENT DEVICE SAFETY ACT; to properly implement current expunction provisions; to add qualified retired correctional officers to officers exempt from concealed carry course; to conform state law with the United States supreme court decision in hall v. florida; TO ADD THE UNFAIR USE OF CRIMINAL RECORD INFORMATION to THE CONSUMER PROTECTION LAWS; TO DIRECT MERGERS AT THE DEPARTMENT OF PUBLIC SAFETY; AND to authorize remote video testimony by forensic and chemical analysts, as recommended by the legislative research commission's committee on judicial efficiency and effective administration of justice.
The General Assembly of North Carolina enacts:
PART I. REMOVE PROHIBITIONS ON CARRYING CONCEALED FIREARMS FOR ADMINISTRATIVE LAW JUDGES, NORTH CAROLINA APPELLATE COURT JUSTICES AND JUDGES, AND CERTAIN DEPARTMENT OF PUBLIC SAFETY EMPLOYEES, AND INCREASE PENALTY FOR CARRYING CONCEALED WEAPON THAT IS A FIREARM
SECTION 1.1. G.S. 14‑269 reads as rewritten:
"§ 14‑269. Carrying concealed weapons.
...
(b) This prohibition shall not apply to the following persons:
...
(4d) Any person who is a North Carolina district court
judge, North Carolina superior court judge, justice or judge of the
North Carolina General Court of Justice, or a North Carolina magistrate and
who has a concealed handgun permit issued in accordance with Article 54B of
this Chapter or considered valid under G.S. 14‑415.24; provided that the
person shall not carry a concealed weapon at any time while consuming alcohol
or an unlawful controlled substance or while alcohol or an unlawful controlled
substance remains in the person's body. The judge justice, judge, or
magistrate shall secure the weapon in a locked compartment when the weapon is
not on the person of the judge justice, judge, or magistrate;
…
(7) A person employed by the Department of Public Safety who has been designated in writing by the Secretary of the Department, who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24, and has in the person's possession written proof of the designation by the Secretary of the Department, provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body.
(8) Any person who is an administrative law judge described in Article 60 of Chapter 7A of the General Statutes, and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24, provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body.
...."
SECTION 1.2. G.S. 14‑269(c) reads as rewritten:
"(c) Any person violating the provisions of
subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any
person violating the provisions of subsection (a1) of this section shall be
guilty of a Class 2 misdemeanor Class A1 misdemeanor for the
first offense. A offense and a Class H felony for a second or
subsequent offense is punishable as a Class I felony.offense. A
violation of subsection (a1) of this section punishable under G.S. 14‑415.21(a)
is not punishable under this section."
SECTION 1.3. G.S. 14‑415.27 reads as rewritten:
"§ 14‑415.27. Expanded permit scope for certain persons.
Notwithstanding G.S. 14‑415.11(c), any of the following persons who has a concealed handgun permit issued pursuant to this Article or that is considered valid under G.S. 14‑415.24 is not subject to the area prohibitions set out in G.S. 14‑415.11(c) and may carry a concealed handgun in the areas listed in G.S. 14‑415.11(c) unless otherwise prohibited by federal law:
(1) A district attorney.
(2) An assistant district attorney.
(3) An investigator employed by the office of a district attorney.
(4) A North Carolina district or superior court
judge.A justice or judge of the North Carolina General Court of Justice.
(5) A magistrate.
(6) A person who is elected and serving as a clerk of court.
(7) A person who is elected and serving as a register of deeds.
(8) A person employed by the Department of Public Safety who has been designated in writing by the Secretary of the Department and who has in the person's possession written proof of the designation.
(9) A North Carolina administrative law judge."
SECTION 1.3A. G.S. 14-269.4(4b) reads as rewritten:
"§ 14‑269.4. Weapons on certain State property and in courthouses.
It shall be unlawful for any person to possess, or carry, whether openly or concealed, any deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings, and in any building housing any court of the General Court of Justice. If a court is housed in a building containing nonpublic uses in addition to the court, then this prohibition shall apply only to that portion of the building used for court purposes while the building is being used for court purposes.
This section shall not apply to any of the following:
…
(4b) Any district court judge or superior court judge justice
or judge of the North Carolina General Court of Justice who carries or
possesses a concealed handgun in a building housing a court of the General
Court of Justice if the justice or judge is in the building to discharge
his or her official duties and the justice or judge has a concealed
handgun permit issued in accordance with Article 54B of this Chapter or
considered valid under G.S. 14‑415.24.
…."
SECTION 1.4. Section 1.2 of this Part is effective December 1, 2014, and applies to offenses occurring on or after that date. The remainder of this Part is effective when this act becomes law.
PART II. INCREASE PENALTY FOR GIVING OR SELLING A CELL PHONE TO AN INMATE/MAKE IT UNLAWFUL FOR STATE INMATE TO POSSESS A CELL PHONE/INCREASE PENALTY FOR INMATE OF LOCAL CONFINEMENT FACILITY TO POSSESS CELL PHONE
SECTION 2.1. G.S. 14‑258.1 reads as rewritten:
"§ 14‑258.1. Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities; furnishing tobacco products or mobile phones to inmates.
...
(d) Any person who knowingly gives or sells a mobile
telephone or other wireless communications device, or a component of one of
those devices, to an inmate in the custody of the Division of Adult Correction
of the Department of Public Safety or to an inmate in the custody of a local confinement
facility, or any person who knowingly gives or sells any such device or
component to a person who is not an inmate for delivery to an inmate, is guilty
of a Class 1 misdemeanor.Class H felony.
(e) Any inmate of a local confinement facility who possesses
any tobacco product, as defined in G.S. 148‑23.1, other than for
authorized religious purposes, or who possesses a mobile telephone or other
wireless communications device or a component of one of those devices, is
guilty of a Class 1 misdemeanor.
(f) Any inmate in the custody of the Division of Adult Correction of the Department of Public Safety or an inmate of a local confinement facility who possesses a mobile telephone or other wireless communication device or a component of one of those devices is guilty of a Class H felony."
SECTION 2.2. This Part becomes effective December 1, 2014, and applies to offenses committed on or after that date.
PART III. ASSAULT ON A LEGISLATIVE, EXECUTIVE, OR COURT OFFICIAL/THREATS/SOLICITATION BY AN INMATE
SECTION 3.1. G.S. 14‑16.6(a) reads as rewritten:
"(a) Any person who assaults any legislative
officer, executive officer, or court officer, or assaults another person as
retaliation against any legislative officer, executive officer, or court
officer because of the exercise of that officer's duties, or any person who
makes a violent attack upon the residence, office, temporary accommodation or
means of transport of any one of those officers or persons in a manner
likely to endanger the officer, officer or person, shall be
guilty of a felony and shall be punished as a Class I felon."
SECTION 3.2. G.S. 14‑16.7(a) reads as rewritten:
"§ 14‑16.7. Threats against executive, legislative, or court officers.
(a) Any person who knowingly and willfully makes any threat to inflict serious bodily injury upon or to kill any legislative officer, executive officer, or court officer, or who knowingly and willfully makes any threat to inflict serious bodily injury upon or kill any other person as retaliation against any legislative officer, executive officer, or court officer because of the exercise of that officer's duties, shall be guilty of a felony and shall be punished as a Class I felon.
(b) Any person who knowingly and willfully deposits
for conveyance in the mail any letter, writing, or other document containing a
threat to inflict serious bodily injury upon or to kill any legislative
officer, executive officer, or court officer, commit an offense
described in subsection (a) of this section shall be guilty of a felony and
shall be punished as a Class I felon."
SECTION 3.3. This Part becomes effective December 1, 2014, and applies to offenses committed on or after that date.
PART IV. AMUSEMENT DEVICE PENALTIES
SECTION 4.1. G.S. 95‑111.13 reads as rewritten:
"§ 95‑111.13. Violations; civil penalties; appeal; criminal penalties.
(a) Any person who violates G.S. 95‑111.7(a)
or (b) (Operation without certificate; operation not in accordance with Article
or rules and regulations) or G.S. 95‑111.8 (Location notice) shall
be is subject to a civil penalty not to exceed two hundred fifty
dollars ($250.00) two thousand five hundred dollars ($2,500) for each
rule, regulation, or section of this Article violated and for each day each
device is so operated or used.
(b) Any person who violates G.S. 95‑111.7(c)
(Operation after refusal to issue or after revocation of certificate) or G.S. 95‑111.10(c)
(Reports required) or G.S. 95‑111.12 (Liability insurance) shall
be is subject to a civil penalty not to exceed five hundred
dollars ($500.00) five thousand dollars ($5,000) for each day each
device is so operated or used.
(c) Any person who violates G.S. 95‑111.8
(Location notice) shall be subject to a civil penalty not to exceed five
hundred dollars ($500.00) for each day any device is operated or used without
the location notice having been provided.
(d) Any person who violates the provisions of G.S. 95‑111.10(d)
(Reports required) or knowingly permits the operation of an amusement device in
violation of G.S. 95‑111.11(a) (Operator requirements) shall be is
subject to a civil penalty not to exceed five hundred dollars ($500.00).five
thousand dollars ($5,000) for each day each device is so operated or used.
(e) Any person who violates G.S. 95‑111.9
(Operation of unsafe device) or G.S. 95‑111.11(b) (Operation of an
amusement device while impaired) shall be is subject to a civil
penalty not to exceed one thousand dollars ($1,000).ten thousand
dollars ($10,000) for each day each device is so operated or used.
(f) In determining the amount of any penalty ordered
under authority of this section, the Commissioner shall give due consideration
to the appropriateness of the penalty with respect to the size of the
business of the person annual gross volume of the business being
charged, the gravity of the violation, the good faith of the person person,
and the record of previous violations.
(g) The determination of the amount of the penalty by
the Commissioner shall be is final, unless within 15 days after
receipt of notice thereof by certified mail with return receipt, by signature
confirmation as provided by the U.S. Postal Service, by a designated delivery
service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or
via hand delivery, the person charged with the violation takes exception to the
determination, in which event final determination of the penalty shall be made
in an administrative proceeding and in a judicial proceeding pursuant to
Chapter 150B of the General Statutes, the Administrative Procedure Act.
(h) The Commissioner may file in the office of the clerk of the superior court of the county wherein the person, against whom a civil penalty has been ordered, resides, or if a corporation is involved, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Commissioner unappealed from, or of a final order of the Commissioner affirmed upon appeal. Whereupon, the clerk of said court shall enter judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in a suit duly heard and determined by the superior court of the General Court of Justice.
(i) Any person who willfully violates any provision
of this Article, and the violation causes the death of any person, shall be Article
is guilty of a Class 2 misdemeanor, which may include a fine of not more
than ten thousand dollars ($10,000); except that if the conviction is for a
violation committed after a first conviction of such person, a
provision of this Article, the person shall be is guilty of a
Class 1 misdemeanor, which may include a fine of not more than twenty thousand
dollars ($20,000). Any person who willfully violates any provision of this
Article, and the violation causes the serious injury or death of any person, is
guilty of a Class E felony, which may include a fine of not more than fifty
thousand dollars ($50,000). This subsection shall not prevent any
prosecuting officer of the State of North Carolina from proceeding against such
person on a prosecution charging any degree of willful or culpable homicide."
SECTION 4.2. This Part becomes effective December 1, 2014, and applies to offenses and violations committed on or after that date.
PART V. PROPER IMPLEMENTATION OF EXPUNCTION LAWS
SECTION 5.1. G.S. 15A‑145.5(f) reads as rewritten:
"(f) Any other applicable State or local
government agency shall expunge from its records entries made as a result of
the conviction ordered expunged under this section upon receipt from the
petitioner of an order entered pursuant to this section. The agency shall also
vacate any administrative actions taken against a person whose record is
expunged under this section as a result of the charges or convictions expunged.
A person whose administrative action has been vacated by an occupational
licensing board pursuant to an expunction under this section may then reapply
for licensure and must satisfy the board's then current education and
preliminary licensing requirements in order to obtain licensure. This
subsection shall not apply to the Department of Justice for DNA records and
samples stored in the State DNA Database and the State DNA Databank or to
fingerprint records.Databank."
SECTION 5.2. This Part is effective when it becomes law and applies to expunctions issued pursuant to G.S. 15A‑145.5 before, on, or after that date.
PART VI. DEPARTMENT OF PUBLIC SAFETY MERGERS
TRANSFER THE SBI AND THE ALCOHOL LAW ENFORCEMENT SECTION
SECTION 6.1.(a) The State Bureau of Investigation is hereby transferred to the Department of Public Safety as a new section within the Law Enforcement Division. This transfer shall have all of the elements of a Type I transfer, as described in G.S. 143A‑6.
SBI TRANSFER – CREATION OF STATUTORY SUBPARTS
SECTION 6.1.(b) Part 4 of Article 13 of Chapter 143B of the General Statutes is amended by adding a new Subpart to read:
"Subpart A. General Provisions."
SECTION 6.1.(c) Part 4 of Article 13 of Chapter 143B of the General Statutes is amended by adding a new Subpart to read:
"Subpart B. State Capitol Police."
SECTION 6.1.(d) Part 4 of Article 13 of Chapter 143B of the General Statutes is amended by adding a new Subpart to read:
"Subpart C. State Bureau of Investigation."
SBI TRANSFER – REPEAL OF CERTAIN STATUTES AND RECODIFICATION OF OTHER AFFECTED STATUTES
SECTION 6.1.(e) G.S. 114‑13 is repealed.
SECTION 6.1.(f) G.S. 114‑2.7 is recodified as G.S. 143B‑901 under Subpart A of Part 4 of Article 13 of Chapter 143B of the General Statutes, as created by subsection (b) of this section.
SECTION 6.1.(g) G.S. 114‑10 through G.S. 114‑10.1 are recodified as G.S. 143B‑902 through G.S. 143B‑905 under Subpart A of Part 4 of Article 13 of Chapter 143B of the General Statutes, as created by subsection (b) of this section.
SECTION 6.1.(h) G.S. 143B‑900 is recodified as G.S. 143B‑911 under Subpart B of Part 4 of Article 13 of Chapter 143B of the General Statutes, as created by subsection (c) of this section.
SECTION 6.1.(i) G.S. 114‑12 is recodified as G.S. 143B‑915 under Subpart C of Part 4 of Article 13 of Chapter 143B of the General Statutes, as created by subsection (d) of this section. The following statutes are recodified as G.S. 143B‑917 through G.S. 143B‑924 under Subpart C of Part 4 of Article 13 of Chapter 143B of the General Statutes, as created by subsection (d) of this section: G.S. 114‑14 through G.S. 114‑15.3 and G.S. 114‑17 through G.S. 114‑18.
SECTION 6.1.(j) G.S. 114‑19 is recodified as G.S. 143B‑906 under Subpart A of Part 4 of Article 13 of Chapter 143B of the General Statutes, as created by subsection (b) of this section.
SECTION 6.1.(k) G.S. 114‑19.01 is recodified as G.S. 143B‑925 under Subpart C of Part 4 of Article 13 of Chapter 143B of the General Statutes, as created by subsection (d) of this section.
SECTION 6.1.(l) All of Part 2 of Article 4 of Chapter 114 of the General Statutes, other than the section recodified by subsection (k) of this section, is recodified as Subpart D of Part 4 of Article 13 of Chapter 143B of the General Statutes, "Criminal History Record Checks," G.S. 143B‑930 through G.S. 143B‑981. Statutory sections of the former statutes that were reserved for future codification shall have corresponding sections that are reserved for future codification in the recodified statutes.
SECTION 6.1.(m) Part 3 of Article 4 of Chapter 114 of the General Statutes is recodified as Subpart E of Part 4 of Article 13 of Chapter 143B of the General Statutes, "Protection of Public Officials," G.S. 143B‑986 through G.S. 143B‑987.
SBI TRANSFER – OTHER CHANGES
SECTION 6.1.(n) The following statutes, as recodified by subsections (f) through (m) of this section, as applicable, are amended by deleting the language "Department of Justice" wherever it appears and substituting "Department of Public Safety": G.S. 14‑208.15A, 14‑415.19, 15A‑145, 15A‑145.1, 15A‑145.2, 15A‑145.3, 15A‑145.4(c) and (j), 15A‑145.5(c), 15A‑145.6(c), 15A‑146, 18B‑902, 19A‑24, 48‑3‑309, 53‑244.050, 58‑71‑51, 58‑89A‑60, 66‑407, 70‑13.1, 74C‑8.1, 74D‑2.1, 74F‑18, 84‑24, 85B‑3.2, 90‑11, 90‑30, 90‑85.15, 90‑102.1, 90‑113.5, 90‑113.46A, 90‑143.3, 90‑171.48, 90‑210.25, 90‑224, 90‑270.22, 90‑270.26, 90‑270.29A, 90‑288.01, 90‑622, 90‑629, 90‑629.1, 90‑652, 90D‑7, 93A‑4, 95‑47.2, 106‑65.26, 110‑90.2, 115C‑238.73, 115C‑332, 121‑25.1, 143‑166.13, 143‑143.10A, 143B‑930 through 143B‑965, and 160A‑304.
SECTION 6.1.(o) The following statutes, as recodified by subsections (f) through (m) of this section, as applicable, are amended by deleting the language "Attorney General" wherever it appears and substituting "Secretary of Public Safety": G.S. 15A‑1475, 58‑79‑1 through 58‑79‑15, 58‑79‑25, 143B‑921, and 163‑278.
SECTION 6.1.(p) The following statutes, as recodified by subsections (f) through (m) of this section, as applicable, are amended by deleting the language "Division of Criminal Information" and "State Bureau of Investigation's Division of Criminal Information" wherever they appear and substituting "Department of Public Safety": G.S. 7B‑2507, 15A‑1340.14, 15A‑1340.21, 20‑26, 85B‑3.2, 122C‑80, 143B‑935, 143B‑943, 143B‑954, and 143B‑981.
SECTION 6.1.(q) The following statutes are amended by deleting the language "Division" wherever it appears and substituting "Department of Public Safety": G.S. 14‑208.7, 14‑208.8, 14‑208.8A, 14‑208.9, 14‑208.9A, 14‑208.12A, 14‑208.15, 14‑208.15A, 14‑208.22, and 14‑208.27. However, no substitution shall be made under this subsection to instances of the word "Division" that appear in the phrase "Division of Adult Correction."
SECTION 6.1.(r) G.S. 7A‑349 reads as rewritten:
"§ 7A‑349. Criminal history record check; denial of employment, contract, or volunteer opportunity.
The Judicial Department may deny employment, a contract, or a
volunteer opportunity to any person who refuses to consent to a criminal
history check authorized under G.S. 114‑19.19G.S. 143B‑950
and may dismiss a current employee, terminate a contractor, or terminate a
volunteer relationship if that employee, contractor, or volunteer refuses to
consent to a criminal history record check authorized under G.S. 114‑19.19.G.S. 143B‑950."
SECTION 6.1.(s) G.S. 7B‑1904 reads as rewritten:
"§ 7B‑1904. Order for secure or nonsecure custody.
The custody order shall be in writing and shall direct a law
enforcement officer or other authorized person to assume custody of the
juvenile and to make due return on the order. The official executing the order
shall give a copy of the order to the juvenile's parent, guardian, or
custodian. If the order is for nonsecure custody, the official executing the
order shall also give a copy of the petition and order to the person or agency
with whom the juvenile is being placed. If the order is for secure custody,
copies of the petition and custody order shall accompany the juvenile to the
detention facility or holdover facility of the jail. A message of the
Division of Criminal Information, State Bureau of Investigation,the
Department of Public Safety stating that a juvenile petition and secure
custody order relating to a specified juvenile are on file in a particular
county shall be authority to detain the juvenile in secure custody until a copy
of the juvenile petition and secure custody order can be forwarded to the
juvenile detention facility. The copies of the juvenile petition and secure
custody order shall be transmitted to the detention facility no later than 72
hours after the initial detention of the juvenile.
An officer receiving an order for custody which is complete and regular on its face may execute it in accordance with its terms and need not inquire into its regularity or continued validity, nor does the officer incur criminal or civil liability for its execution."
SECTION 6.1.(t) G.S. 8‑58.20(c) reads as rewritten:
"(c) The analyst who analyzes the forensic sample
and signs the report shall complete an affidavit on a form developed by the State
Bureau of Investigation.State Crime Laboratory. In the affidavit,
the analyst shall state (i) that the person is qualified by education,
training, and experience to perform the analysis, (ii) the name and location of
the laboratory where the analysis was performed, and (iii) that performing the
analysis is part of that person's regular duties. The analyst shall also aver
in the affidavit that the tests were performed pursuant to the accrediting body's
standards for that discipline and that the evidence was handled in accordance
with established and accepted procedures while in the custody of the
laboratory. The affidavit shall be sufficient to constitute prima facie
evidence regarding the person's qualifications. The analyst shall attach the
affidavit to the laboratory report and shall provide the affidavit to the
investigating officer and the district attorney in the prosecutorial district
in which the criminal charges are pending. An affidavit by a forensic analyst
sworn to and properly executed before an official authorized to administer
oaths is admissible in evidence without further authentication in any criminal
proceeding with respect to the forensic analysis administered and the
procedures followed."
SECTION 6.1.(u) G.S. 14‑16.9 reads as rewritten:
"§ 14‑16.9. Officers‑elect to be covered.
Any person who has been elected to any office covered by this
Article but has not yet taken the oath of office shall be considered to hold
the office for the purpose of this Article and G.S. 114‑15.G.S. 143B‑919."
SECTION 6.1.(v) G.S. 14‑132(c)(3) reads as rewritten:
"(3) Designated by the Attorney GeneralSecretary
of Public Safety in accordance with G.S. 114‑20.1.G.S. 143B‑987."
SECTION 6.1.(w) G.S. 14‑208.6 reads as rewritten:
"§ 14‑208.6. Definitions.
The following definitions apply in this Article:
…
(1c) "Division""Department"
means the Division of Criminal Information of the Department of Justice.Department
of Public Safety.
…
(8) "Statewide registry" means the central
registry compiled by the Division Department in accordance with G.S. 14‑208.14.
…."
SECTION 6.1.(x) G.S. 14‑208.13 reads as rewritten:
"§ 14‑208.13.
File with Police Criminal Information Network.
(a) The Division Department of Public Safety
shall include the registration information in the Police Criminal
Information Network as set forth in G.S. 114‑10.1.G.S. 143B‑905.
(b) The Division Department of Public Safety
shall maintain the registration information permanently even after the
registrant's reporting requirement expires."
SECTION 6.1.(y) G.S. 14‑208.14 reads as rewritten:
"§ 14‑208.14.
Statewide registry; Division of Criminal StatisticsDepartment of
Public Safety designated custodian of statewide registry.
(a) The Division of Criminal Statistics Department
of Public Safety shall compile and keep current a central statewide sex
offender registry. The Division Department is the State agency
designated as the custodian of the statewide registry. As custodian the Division
Department has the following responsibilities:
(1) To receive from the sheriff or any other law
enforcement agency or penal institution all sex offender registrations, changes
of address, changes of academic or educational employment status, and
prerelease notifications required under this Article or under federal law. The Division
Department shall also receive notices of any violation of this
Article, including a failure to register or a failure to report a change of
address.
(2) To provide all need‑to‑know law
enforcement agencies (local, State, campus, federal, and those located in other
states) immediately upon receipt by the Division Department of
any of the following: registration information, a prerelease notification, a
change of address, a change of academic or educational employment status, or
notice of a violation of this Article.
(2a) To notify the appropriate law enforcement unit at an
institution of higher education as soon as possible upon receipt by the Division
Department of relevant information based on registration information
or notice of a change of academic or educational employment status. If an
institution of higher education does not have a law enforcement unit, then the Division
Department shall provide the information to the local law
enforcement agency that has jurisdiction for the campus.
(3) To coordinate efforts among law enforcement agencies and penal institutions to ensure that the registration information, changes of address, change of name, prerelease notifications, and notices of failure to register or to report a change of address are conveyed in an appropriate and timely manner.
(4) To provide public access to the statewide registry in accordance with this Article.
(4a) To maintain the system for public access so that a registrant's full name, any aliases, and any legal name changes are cross‑referenced and a member of the public may conduct a search of the system for a registrant under any of those names.
(5) To maintain a system allowing an entity to access a list of online identifiers of persons in the central sex offender registry.
(b) The statewide registry shall include the following:
(1) Registration information obtained by a sheriff or penal institution under this Article or from any other local or State law enforcement agency.
(2) Registration information received from a state or local law enforcement agency or penal institution in another state.
(3) Registration information received from a federal law enforcement agency or penal institution."
SECTION 6.1.(z) G.S. 14‑208.31 reads as rewritten:
"§ 14‑208.31.
File with Police Criminal Information Network.
(a) The Division Department of Public Safety
shall include the registration information in the Police Criminal
Information Network as set forth in G.S. 114‑10.1.G.S. 143B‑905.
(b) The Division Department of Public Safety
shall maintain the registration information permanently even after the
registrant's reporting requirement expires; however, the records shall remain
confidential in accordance with Article 32 of Chapter 7B of the General
Statutes."
SECTION 6.1.(aa) G.S. 14‑415.4(d)(5) reads as rewritten:
"(5) The petitioner submits his or her fingerprints
to the sheriff of the county in which the petitioner resides for a criminal
background check pursuant to G.S. 114‑19.28.G.S. 143B‑959."
SECTION 6.1.(bb) G.S. 15A‑266.2(4) reads as rewritten:
"(4) 'DNA Sample' means blood, cheek swabs, or any
biological sample containing cells provided by any person with respect to
offenses covered by this Article or submitted to the State Bureau of
InvestigationState Crime Laboratory pursuant to this Article for
analysis pursuant to a criminal investigation or storage or both."
SECTION 6.1.(cc) G.S. 15A‑1341(d) reads as rewritten:
"(d) Search of Sex Offender Registration
Information Required When Placing a Defendant on Probation. – When the court
places a defendant on probation, the probation officer assigned to the
defendant shall conduct a search of the defendant's name or other identifying
information against the registration information regarding sex offenders
compiled by the Division of Criminal Statistics of the Department of JusticeDepartment
of Public Safety in accordance with Article 27A of Chapter 14 of the
General Statutes. The probation officer may conduct the search using the
Internet site maintained by the Division of Criminal Statistics.Department
of Public Safety."
SECTION 6.1.(dd) G.S. 15A‑298 reads as rewritten:
"§ 15A‑298. Subpoena authority.
Pursuant to rules issued by the Attorney General,Department
of Public Safety, the Director of the State Bureau of Investigation or the
Director's designee may issue an administrative subpoena to a communications
common carrier or an electronic communications service to compel production of
business records if the records:
(1) Disclose information concerning local or long‑distance toll records or subscriber information; and
(2) Are material to an active criminal investigation being conducted by the State Bureau of Investigation."
SECTION 6.1.(ee) G.S. 18C‑151(a)(3) reads as rewritten:
"(3) All proposals shall be accompanied by a bond or
letter of credit in an amount equal to not less than five percent (5%) of the
proposal and the fee to cover the cost of the criminal record check conducted
under G.S. 114‑19.6.G.S. 143B‑935."
SECTION 6.1.(ff) G.S. 74F‑6(16) reads as rewritten:
"(16) Request that the Department of JusticeDepartment
of Public Safety conduct criminal history record checks of applicants for
licensure and apprenticeships pursuant to G.S. 114‑19.15.G.S. 143B‑946."
SECTION 6.1.(gg) G.S. 90‑113.33(10) reads as rewritten:
"(10) Request that the Department of JusticeDepartment
of Public Safety conduct criminal history record checks of applicants for
registration, certification, or licensure pursuant to G.S. 114‑19.11A.G.S. 143B‑941."
SECTION 6.1.(hh) G.S. 90‑171.23(b)(19) reads as rewritten:
"(19) Request that the Department of JusticeDepartment
of Public Safety conduct criminal history record checks of applicants for licensure
pursuant to G.S. 114‑19.11.G.S. 143B‑940."
SECTION 6.1.(ii) G.S. 90‑270.63(b) reads as rewritten:
"(b) The Board may request that an applicant for
licensure, an applicant seeking reinstatement of a license, or a licensee under
investigation by the Board for alleged criminal offenses in violation of this
Article consent to a criminal history record check. Refusal to consent to a
criminal history record check may constitute grounds for the Board to deny
licensure to an applicant, deny reinstatement of a license to an applicant, or
revoke the license of a licensee. The Board shall ensure that the State and
national criminal history of an applicant is checked. The Board shall be
responsible for providing to the North Carolina Department of JusticeDepartment
of Public Safety the fingerprints of the applicant or licensee to be
checked, a form signed by the applicant or licensee consenting to the criminal
history record check and the use of fingerprints and other identifying
information required by the State or National Repositories of Criminal
Histories, and any additional information required by the Department of
JusticeDepartment of Public Safety in accordance with G.S. 114‑19.27.G.S. 143B‑958.
The Board shall keep all information obtained pursuant to this section
confidential. The Board shall collect any fees required by the Department of
Justice Department of Public Safety and shall remit the fees to the Department
of JusticeDepartment of Public Safety for expenses associated with
conducting the criminal history record check."
SECTION 6.1.(jj) G.S. 90‑345(b) reads as rewritten:
"(b) The Board may request that an applicant for
licensure, an applicant seeking reinstatement of a license, or a licensee under
investigation by the Board for alleged criminal offenses in violation of this
Article consent to a criminal history record check. Refusal to consent to a
criminal history record check may constitute grounds for the Board to deny
licensure to an applicant, deny reinstatement of a license to an applicant, or
revoke the license of a licensee. The Board shall ensure that the State and
national criminal history of an applicant is checked. The Board shall be
responsible for providing to the North Carolina Department of JusticeDepartment
of Public Safety the fingerprints of the applicant or licensee to be
checked, a form signed by the applicant or licensee consenting to the criminal
record check and the use of fingerprints and other identifying information
required by the State or National Repositories of Criminal Histories, and any
additional information required by the Department of JusticeDepartment
of Public Safety in accordance with G.S. 114‑19.26.G.S. 143B‑957.
The Board shall keep all information obtained pursuant to this section
confidential. The Board shall collect any fees required by the Department of
JusticeDepartment of Public Safety and shall remit the fees to the Department
of JusticeDepartment of Public Safety for expenses associated with
conducting the criminal history record check."
SECTION 6.1.(kk) G.S. 93E‑1‑6(c1) reads as rewritten:
"(c1) The Board shall also make an investigation as
it deems necessary into the background of the applicant to determine the
applicant's qualifications with due regard to the paramount interest of the
public as to the applicant's competency, honesty, truthfulness, and integrity.
All applicants shall consent to a criminal history record check. Refusal to
consent to a criminal history record check may constitute grounds for the Board
to deny an application. The Board shall ensure that the State and national
criminal history of an applicant is checked. The Board shall be responsible for
providing to the North Carolina Department of JusticeDepartment of
Public Safety the fingerprints of the applicant to be checked, a form
signed by the applicant consenting to the criminal history record check, and
the use of fingerprints and other identifying information required by the State
or National Repositories of Criminal Histories and any additional information
required by the Department of Justice Department of Public Safety in
accordance with G.S. 114‑19.30.G.S. 143B‑961.
The Board shall keep all information obtained pursuant to this section
confidential. The Board shall collect any fees required by the Department of
JusticeDepartment of Public Safety and shall remit the fees to the Department
of JusticeDepartment of Public Safety for expenses associated with
conducting the criminal history record check."
SECTION 6.1.(ll) G.S. 93E‑2‑11(b) reads as rewritten:
"(b) The Board may require that an applicant for
registration as an appraisal management company or a registrant consent to a
criminal history record check. Refusal to consent to a criminal history record
check may constitute grounds for the Board to deny registration to an applicant
or registrant. The Board shall ensure that the State and national criminal
history of an applicant or registrant is checked. The Board shall be
responsible for providing to the North Carolina Department of JusticeDepartment
of Public Safety the fingerprints of the applicant or registrant to be
checked, a form signed by the applicant or registrant consenting to the
criminal record check and the use of fingerprints and other identifying
information required by the State or National Repositories of Criminal
Histories, and any additional information required by the Department of
JusticeDepartment of Public Safety in accordance with G.S. 114‑19.30.G.S. 143B‑961.
The Board shall keep all information obtained pursuant to this section
confidential. The Board shall collect any fees required by the Department of
JusticeDepartment of Public Safety and shall remit the fees to the Department
of JusticeDepartment of Public Safety for expenses associated with
conducting the criminal history record check."
SECTION 6.1.(mm) G.S. 101‑5 reads as rewritten:
"§ 101‑5. Name change application requirements; grounds for clerk to order or deny name change; certificate and record.
…
(e) The clerk shall forward the order granting the name change to:
…
(2) The Division of Criminal Information at the
State Bureau of Investigation,Department of Public Safety, which
shall update its records to show the name change.
…
(g) Upon information obtained by the clerk of fraud or
material misrepresentation in the application for a name change, the clerk on
his or her own motion may set aside the order granting the name change after
notice to the applicant and opportunity to be heard. If the clerk sets aside
the name change order, the clerk shall notify the State Registrar of Vital
Statistics and the Division of Criminal Information.Department of
Public Safety."
SECTION 6.1.(nn) G.S. 110‑90.2(g), as rewritten by subsection (n) of this section, reads as rewritten:
"(g) The child care provider shall pay the cost of
the fingerprinting and the federal criminal history record check in accordance
with G.S. 114‑19.5.G.S. 143B‑934. The
Department of Public Safety shall perform the State criminal history record
check. The Department of Health and Human Services shall pay for and conduct
the county criminal history record check. Child care providers who reside
outside the State bear the cost of the county criminal history record check and
shall provide the county criminal history record check to the Division of Child
Development as required by this section."
SECTION 6.1.(oo) G.S. 113‑172(a) reads as rewritten:
"(a) The Secretary shall designate license agents
for the Department. The Division and license agents designated by the Secretary
under this section shall issue licenses authorized under this Article in
accordance with this Article and the rules of the Commission. The Secretary may
require license agents to enter into a contract that provides for their duties
and compensation, post a bond, and submit to reasonable inspections and audits.
If a license agent violates any provision of this Article, the rules of the
Commission, or the terms of the contract, the Secretary may initiate
proceedings for the forfeiture of the license agent's bond and may summarily
suspend, revoke, or refuse to renew a designation as a license agent and may
impound or require the return of all licenses, moneys, record books, reports,
license forms and other documents, ledgers, and materials pertinent or
apparently pertinent to the license agency. The Secretary shall report evidence
or misuse of State property, including license fees, by a license agent to the
State Bureau of Investigation as provided by G.S. 114‑15.1.G.S. 143B‑920."
SECTION 6.1.(pp) G.S. 114‑2.7, recodified as G.S. 143B‑901 by subsection (f) of this section, reads as rewritten:
"§ 143B‑901. Reporting system and database on certain domestic‑violence‑related homicides; reports by law enforcement agencies required; annual report to the General Assembly.
The Attorney General's Office,Department of Public
Safety, in consultation with the North Carolina Council for Women/Domestic
Violence Commission, the North Carolina Sheriffs' Association, and the North
Carolina Association of Chiefs of Police, shall develop a reporting system and
database that reflects the number of homicides in the State where the offender
and the victim had a personal relationship, as defined by G.S. 50B‑1(b).
The information in the database shall also include the type of personal
relationship that existed between the offender and the victim, whether the
victim had obtained an order pursuant to G.S. 50B‑3, and whether
there was a pending charge for which the offender was on pretrial release
pursuant to G.S. 15A‑534.1. All State and local law enforcement
agencies shall report information to the Attorney General's OfficeDepartment
of Public Safety upon making a determination that a homicide meets the
reporting system's criteria. The report shall be made in the format adopted by
the Attorney General's Office.Department of Public Safety. The Attorney
General's Office Department of Public Safety shall report to the Joint
Legislative Committee on Domestic Violence,Joint Legislative Oversight
Committee on Justice and Public Safety, no later than February 1 of each
year, with the data collected for the previous calendar year."
SECTION 6.1.(qq) G.S. 114‑10, recodified as G.S. 143B‑902 by subsection (g) of this section, reads as rewritten:
"§ 143B‑902.
Division of Criminal Information.Powers and duties of the Department
of Public Safety with respect to criminal information.
The Attorney General shall set up in the Department of Justice a division to be designated as the Division of Criminal Information. In addition to its other duties, it shall be the duty of the Department of Public Safety to do all of the following:
…
(2) To collect, correlate, and maintain access to
information that will assist in the performance of duties required in the
administration of criminal justice throughout the State. This information may
include, but is not limited to, motor vehicle registration, drivers' licenses,
wanted and missing persons, stolen property, warrants, stolen vehicles,
firearms registration, sexual offender registration as provided under Article
27A of Chapter 14 of the General Statutes, drugs, drug users and parole and
probation histories. In performing this function, the Division Department
may arrange to use information available in other agencies and units of
State, local and federal government, but shall provide security measures to
insure that such information shall be made available only to those whose
duties, relating to the administration of justice, require such information.
…
(5) To perform such other duties as may be
from time to time prescribed by the Attorney General.
(6) To promulgate rules and regulations for the administration of this Article."
SECTION 6.1.(rr) G.S. 114‑10.01, recodified as G.S. 143B‑903 by subsection (g) of this section, reads as rewritten:
"§ 143B‑903. Collection of traffic law enforcement statistics.
(a) In addition to the duties set forth in G.S. 114‑10,
the Division of Criminal Information In addition to its other duties,
the Department of Public Safety shall collect, correlate, and maintain the
following information regarding traffic law enforcement by law enforcement
officers:
…
(b) For purposes of this section, "law enforcement officer" means any of the following:
(1) All State law enforcement officers.
(2) Law enforcement officers employed by county sheriffs or county police departments.
(3) Law enforcement officers employed by police departments in municipalities with a population of 10,000 or more persons.
(4) Law enforcement officers employed by police
departments in municipalities employing five or more full‑time sworn
officers for every 1,000 in population, as calculated by the Division Department
for the calendar year in which the stop was made.
…
(d) Each law enforcement officer making a stop covered
by subdivision (1) of subsection (a) of this section shall be assigned an
anonymous identification number by the officer's employing agency. The
anonymous identifying number shall be public record and shall be reported to
the Division Department to be correlated along with the data
collected under subsection (a) of this section. The correlation between the
identification numbers and the names of the officers shall not be a public
record, and shall not be disclosed by the agency except when required by order
of a court of competent jurisdiction to resolve a claim or defense properly
before the court.
(d1) Any agency subject to the requirements of this
section shall submit information collected under subsection (a) of this section
to the Division Department within 60 days of the close of each
month. Any agency that does not submit the information as required by this
subsection shall be ineligible to receive any law enforcement grants available
by or through the State until the information which is reasonably available is
submitted.
(e) The Division Department shall
publish and distribute by December 1 of each year a list indicating the law
enforcement officers that will be subject to the provisions of this section
during the calendar year commencing on the following January 1."
SECTION 6.1.(ss) G.S. 114‑10.02, recodified as G.S. 143B‑904 by subsection (g) of this section, reads as rewritten:
"§ 143B‑904. Collection of statistics on the use of deadly force by law enforcement officers.
(a) In addition to the duties set forth in G.S. 114‑10,
the Division of Criminal Informationits other duties, the Department of
Public Safety shall collect, maintain, and annually publish the number of
deaths, by law enforcement agency, resulting from the use of deadly force by
law enforcement officers in the course and scope of their official duties.
(b) For purposes of this section, "law enforcement officer" means sworn law enforcement officers with the power of arrest, both State and local."
SECTION 6.1.(tt) G.S. 114‑10.1, recodified as G.S. 143B‑905 by subsection (g) of this section, reads as rewritten:
"§ 143B‑905.
Police Criminal Information Network.
(a) The Division of Criminal InformationDepartment
of Public Safety is authorized to establish, devise, maintain and operate a
system for receiving and disseminating to participating agencies information
collected, maintained and correlated under authority of G.S. 114‑10
of this Article.G.S. 143B‑902. The system shall be known
as the Division of Criminal Information Network.
(b) The Division of Criminal Information Department
of Public Safety is authorized to cooperate with the Division of Motor
Vehicles, Department of Administration, the Department of Public Safety, and
other State, local and federal agencies and organizations in carrying out the
purpose and intent of this section, and to utilize, in cooperation with other
State agencies and to the extent as may be practical, computers and related
equipment as may be operated by other State agencies.
(c) The Division of Criminal Information,Department
of Public Safety, after consultation with participating agencies, shall
adopt rules and regulations governing the organization and administration of
the Division of Criminal Information Network, including rules and
regulations governing the types of information relating to the administration
of criminal justice to be entered into the system, and who shall have access to
such information. The rules and regulations governing access to the Division
of Criminal Information Network shall not prohibit an attorney who has
entered a criminal proceeding in accordance with G.S. 15A‑141 from
obtaining information relevant to that criminal proceeding. The rules and
regulations governing access to the Division of Criminal Information
Network shall not prohibit an attorney who represents a person in adjudicatory
or dispositional proceedings for an infraction from obtaining the person's
driving record or criminal history.
(d) The Division of Criminal Information may
impose an initial set up fee of two thousand six hundred fifty dollars ($2,650)
for agencies to participate in the Division of Criminal Information Network.
This one‑time fee shall be used to offset the cost of the router and data
circuit needed to access the Network.
The Division of Criminal Information Department
may also impose monthly fees on participating agencies. The monthly
fees collected under this subsection shall be used to offset the cost of
operating and maintaining the Police Criminal Information NetworkNetwork.
(1) The Division of Criminal InformationDepartment
may impose a monthly circuit fee on agencies that access the Division of Criminal
Information Network through a circuit maintained and operated by the Department
of Justice.Department of Public Safety. The amount of the monthly
fee is three hundred dollars ($300.00) plus an additional fee amount for each
device linked to the Network. The additional fee amount varies depending upon
the type of device. For a desktop device after the first seven desktop devices,
the additional monthly fee is twenty‑five dollars ($25.00) per device.
For a mobile device, the additional monthly fee is twelve dollars ($12.00) per
device.
(2) The Division of Criminal InformationDepartment
may impose a monthly device fee on agencies that access the Police Criminal
Information Network through some other approved means. The amount of the
monthly device fee varies depending upon the type of device. For a desktop
device, the monthly fee is twenty‑five dollars ($25.00) per device. For a
mobile device, the fee is twelve dollars ($12.00) per device."
SECTION 6.1.(uu) G.S. 114‑12, recodified as G.S. 143B‑915 by subsection (i) of this section, reads as rewritten:
"§ 143B‑915. Bureau of Investigation created; powers and duties.
In order to secure a more effective administration of the
criminal laws of the State, to prevent crime, and to procure the speedy
apprehension of criminals, the Attorney GeneralSecretary of
Public Safety shall set up in the Division of Law Enforcement of the Department
of Justice Public Safety a division section to be
designated as the State Bureau of Investigation. The Division Section
shall have charge of and administer the agencies and activities herein set
up for the identification of criminals, for their apprehension, and
investigation and preparation of evidence to be used in criminal courts; and
the said Bureau shall have charge of investigation of criminal matters herein
especially mentioned, and of such other crimes and criminal procedure as the
Governor may direct.
In the personnel of the Bureau shall be included a sufficient number of persons of training and skill in the investigation of crime and in the preparation of evidence as to be of service to local enforcement officers, under the direction of the Governor, in criminal matters of major importance.
The State radio system shall be made available to the Bureau Laboratory for use in its work."
SECTION 6.1.(vv) G.S. 114‑14, recodified as G.S. 143B‑917 by subsection (i) of this section, reads as rewritten:
"§ 143B‑917.
General powers and duties of Director and assistants.law enforcement
officers of the State Bureau of Investigation.
The Director of the Bureau and his assistantsSworn
law enforcement officers of the State Bureau of Investigation are given the
same power of arrest as is now vested in the sheriffs of the several counties,
and their jurisdiction shall be statewide. The Director of the Bureau and
his assistants Sworn law enforcement officers of the Bureau shall,
at the request of the Governor, give assistance to sheriffs, police officers,
district attorneys, and judges when called upon by them and so directed. They
shall also give assistance, when requested, to the Department of Public Safety
in the investigation of cases pending before the parole office and of
complaints lodged against parolees, when so directed by the Governor."
SECTION 6.1.(ww) G.S. 114‑15, recodified as G.S. 143B‑919 by subsection (i) of this section, reads as rewritten:
"§ 143B‑919.
Investigations of lynchings, election frauds, etc.; services subject to call
of Governor; witness fees and mileage for Director and assistants.employees.
(a) The Bureau shall, through its Director and upon
request of the Governor, investigate and prepare evidence in the event of any
lynching or mob violence in the State; shall investigate all cases arising from
frauds in connection with elections when requested to do so by the Board of
Elections, and when so directed by the Governor. Such investigation, however,
shall in nowise interfere with the power of the Attorney General to make such
investigation as the Attorney General is authorized to make under the laws of
the State. The Bureau is authorized further, at the request of the Governor, to
investigate cases of frauds arising under the Social Security Laws of the
State, of violations of the gaming laws, and lottery laws, and matters of
similar kind when called upon by the Governor so to do. In all such cases it
shall be the duty of the Department to keep such records as may be necessary
and to prepare evidence in the cases investigated, for the use of enforcement
officers and for the trial of causes. The services of the Director of the
Bureau, and of the Director's assistants,employees of the Bureau may
be required by the Governor in connection with the investigation of any crime
committed anywhere in the State when called upon by the enforcement officers of
the State, and when, in the judgment of the Governor, such services may be
rendered with advantage to the enforcement of the criminal law. The State
Bureau of Investigation is hereby authorized to investigate without request the
attempted arson of, or arson of, damage of, theft from, or theft of, or misuse
of, any State‑owned personal property, buildings, or other real property
or any assault upon or threats against any legislative officer named in G.S. 147‑2(1),
(2), or (3), any executive officer named in G.S. 147‑3(c), or any
court officer as defined in G.S. 14‑16.10(1).
(a1) The Bureau also is authorized at the request of the Governor to conduct a background investigation on a person that the Governor plans to nominate for a position that must be confirmed by the General Assembly, the Senate, or the House of Representatives. The background investigation of the proposed nominee shall be limited to an investigation of the person's criminal record, educational background, employment record, records concerning the listing and payment of taxes, and credit record, and to a requirement that the person provide the information contained in the statements of economic interest required to be filed by persons subject to Chapter 138A of the General Statutes. The Governor must give the person being investigated written notice that the Governor intends to request a background investigation at least 10 days prior to the date that the Governor requests the State Bureau of Investigation to conduct the background investigation. The written notice shall be sent by regular mail, and there is created a rebuttable presumption that the person received the notice if the Governor has a copy of the notice.
…
(c) All records and evidence collected and compiled by
the Director of the Bureau and his assistantsemployees of the Bureau
shall, upon request, be made available to the district attorney of any district
if the same concerns persons or investigations in his district.
(d) In all cases where the cost is assessed against
the defendant and paid by him, there shall be assessed in the bill of cost,
mileage and witness fees to the Director and any of his assistants any
employees of the Bureau who are witnesses in cases arising in courts of
this State. The fees so assessed, charged and collected shall be forwarded by
the clerks of the court to the Treasurer of the State of North Carolina, and
there credited to the Bureau of Identification and Investigation Fund."
SECTION 6.1.(xx) G.S. 114‑19.1(d), as recodified by subsection (l) of this section, reads as rewritten:
"(d) Nothing in this section shall be construed as
enlarging any right to receive any record of the State Bureau of Investigation.
Such rights are and shall be controlled by G.S. 114‑15, G.S. 114‑19,
G.S. 120‑19.4A, G.S. 143B‑919, 143B‑906, 120‑19.4A,
and other applicable statutes."
SECTION 6.1.(yy) G.S. 114‑19.6(b), as recodified by subsection (l) of this section and rewritten by subsection (o) of this section, reads as rewritten:
"(b) When requested by the Department of Health and Human Services or the Division of Juvenile Justice of the Department of Public Safety, the North Carolina Department of Public Safety may provide to the requesting department or division a covered person's criminal history from the State Repository of Criminal Histories. Such requests shall not be due to a person's age, sex, race, color, national origin, religion, creed, political affiliation, or handicapping condition as defined by G.S. 168A‑3. For requests for a State criminal history record check only, the requesting department or division shall provide to the Department of Public Safety a form consenting to the check signed by the covered person to be checked and any additional information required by the Department of Public Safety. National criminal record checks are authorized for covered applicants who have not resided in the State of North Carolina during the past five years. For national checks the Department of Health and Human Services or the Division of Juvenile Justice of the Department of Public Safety shall provide to the North Carolina Department of Public Safety the fingerprints of the covered person to be checked, any additional information required by the Department of Public Safety, and a form signed by the covered person to be checked consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the State or National Repositories. The fingerprints of the individual shall be forwarded to the State Bureau of Investigation for a search of the State criminal history record file and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The Department of Health and Human Services and the Division of Juvenile Justice of the Department of Public Safety shall keep all information pursuant to this section confidential. The Department of Public Safety shall charge a reasonable fee for conducting the checks of the criminal history records authorized by this section."
SECTION 6.1.(zz) G.S. 114‑20, recodified as G.S. 143B‑986 by subsection (m) of this section, reads as rewritten:
"§ 143B‑986. Authority to provide protection to certain public officials.
The North Carolina State Bureau of Investigation is
authorized to provide protection to public officials who request it, and who,
in the discretion of the Director of the Bureau with the approval of the
Attorney General, the Secretary of Public Safety, demonstrate a need
for such protection. The bureau shall not provide protection for any individual
other than the Governor for a period greater than 30 days without review and
reapproval by the Attorney General.Secretary of Public Safety.
This review and reapproval shall be required at the end of each 30‑day
period."
SECTION 6.1.(aaa) G.S. 114‑20.1, recodified as G.S. 143B‑987 by subsection (m) of this section, reads as rewritten:
"§ 143B‑987. Authority to designate areas for protection of public officials.
(a) The Attorney GeneralSecretary of Public
Safety is authorized to designate buildings and grounds which constitute
temporary residences or temporary offices of any public official being
protected under authority of G.S. 114‑20,G.S. 143B‑986,
or any area that will be visited by any such official, a public building or
facility during the time of such use.
(b) The Attorney General or the Director of the
State Bureau of InvestigationSecretary of Public Safety may, with
the consent of the official to be protected, make rules governing ingress to or
egress from such buildings, grounds or areas designated under this section."
SECTION 6.1.(bbb) G.S. 122C‑80 reads as rewritten:
"§ 122C‑80. Criminal history record check required for certain applicants for employment.
…
(b) Requirement. – An offer of employment by a
provider licensed under this Chapter to an applicant to fill a position that
does not require the applicant to have an occupational license is conditioned
on consent to a State and national criminal history record check of the
applicant. If the applicant has been a resident of this State for less than
five years, then the offer of employment is conditioned on consent to a State
and national criminal history record check of the applicant. The national
criminal history record check shall include a check of the applicant's fingerprints.
If the applicant has been a resident of this State for five years or more, then
the offer is conditioned on consent to a State criminal history record check of
the applicant. A provider shall not employ an applicant who refuses to consent
to a criminal history record check required by this section. Except as
otherwise provided in this subsection, within five business days of making the
conditional offer of employment, a provider shall submit a request to the Department
of JusticeDepartment of Public Safety under G.S. 114‑19.10G.S. 143B‑939
to conduct a criminal history record check required by this section or shall
submit a request to a private entity to conduct a State criminal history record
check required by this section. Notwithstanding G.S. 114‑19.10,G.S. 143B‑939,
the Department of JusticeDepartment of Public Safety shall return
the results of national criminal history record checks for employment positions
not covered by Public Law 105‑277 to the Department of Health and Human
Services, Criminal Records Check Unit. Within five business days of receipt of
the national criminal history of the person, the Department of Health and Human
Services, Criminal Records Check Unit, shall notify the provider as to whether
the information received may affect the employability of the applicant. In no
case shall the results of the national criminal history record check be shared
with the provider. Providers shall make available upon request verification
that a criminal history check has been completed on any staff covered by this
section. A county that has adopted an appropriate local ordinance and has
access to the Division of Criminal Information data bank may conduct on behalf
of a provider a State criminal history record check required by this section
without the provider having to submit a request to the Department of Justice.
In such a case, the county shall commence with the State criminal history
record check required by this section within five business days of the
conditional offer of employment by the provider. All criminal history
information received by the provider is confidential and may not be disclosed,
except to the applicant as provided in subsection (c) of this section. For
purposes of this subsection, the term "private entity" means a
business regularly engaged in conducting criminal history record checks
utilizing public records obtained from a State agency.
…
(g) Conditional Employment. – A provider may employ an applicant conditionally prior to obtaining the results of a criminal history record check regarding the applicant if both of the following requirements are met:
(1) The provider shall not employ an applicant prior to
obtaining the applicant's consent for criminal history record check as required
in subsection (b) of this section or the completed fingerprint cards as
required in G.S. 114‑19.10.G.S. 143B‑939.
(2) The provider shall submit the request for a criminal history record check not later than five business days after the individual begins conditional employment."
SECTION 6.1.(ccc) G.S. 122C‑205(c) reads as rewritten:
"(c) Upon receipt of notice of an escape or breach
of a condition of release as described in subsections (a) and (b) of this
section, an appropriate law enforcement officer shall take the client into
custody and have the client returned to the 24‑hour facility from which
the client has escaped or has been conditionally released. Transportation of
the client back to the 24‑hour facility shall be provided in the same
manner as described in G.S. 122C‑251 and G.S. 122C‑408(b).
Law enforcement agencies who are notified of a client's escape or breach of
conditional release shall be notified of the client's return by the responsible
24‑hour facility. Under the circumstances described in this section, the
initial notification by the 24‑hour facility of the client's escape or
breach of conditional release shall be given by telephone communication to the
appropriate law enforcement agency or agencies and, if available and
appropriate, by Division of Criminal Information (DCI)Department of
Public Safety message to any law enforcement agency in or out of state and
by entry into the National Crime Information Center (NCIC) telecommunications
system. As soon as reasonably possible following notification, written
authorization to take the client into custody shall also be issued by the 24‑hour
facility. Under this section, law enforcement officers shall have the authority
to take a client into custody upon receipt of the telephone notification or Division
of Criminal InformationDepartment of Public Safety message prior to
receiving written authorization. The notification of a law enforcement agency
does not, in and of itself, render this information public information within
the purview of Chapter 132 of the General Statutes. However, the responsible
law enforcement agency shall determine the extent of disclosure of personal
identifying and background information reasonably necessary, under the
circumstances, in order to assure the expeditious return of a client to the 24‑hour
facility involved and to protect the general public and is authorized to make
such disclosure. The responsible law enforcement agency may also place any
appropriate message or entry into either the Division of Criminal
Information SystemDepartment of Public Safety's Criminal Information
System or National Crime Information System, or both, as appropriate."
SECTION 6.1.(ddd) G.S. 131D‑10.3A reads as rewritten:
"§ 131D‑10.3A. Mandatory criminal checks.
…
(d) The Department of JusticeDepartment of
Public Safety shall provide to the Department the criminal history of the
individuals specified in subsection (a) of this section obtained from the State
and National Repositories of Criminal Histories as requested by the Department.
The Department shall provide to the Department of Justice,Department
of Public Safety, along with the request, the fingerprints of the
individual to be checked, any additional information required by the Department
of Justice,Department of Public Safety, and a form consenting to the
check of the criminal record and to the use of fingerprints and other
identifying information required by the State or National Repositories signed
by the individual to be checked. The fingerprints of the individual to be
checked shall be forwarded to the State Bureau of Investigation for a search of
the State's criminal history record file, and the State Bureau of Investigation
shall forward a set of fingerprints to the Federal Bureau of Investigation for
a national criminal history record check.
…
(i) The Department of JusticeDepartment of
Public Safety shall perform the State and national criminal history checks
on individuals required by this section and shall charge the Department a
reasonable fee only for conducting the checks of the national criminal history
records authorized by this section. The Division of Social Services, Department
of Health and Human Services, shall bear the costs of implementing this
section."
SECTION 6.1.(eee) G.S. 131D‑40 reads as rewritten:
"§ 131D‑40. Criminal history record checks required for certain applicants for employment.
(a) Requirement; Adult Care Home. – An offer of
employment by an adult care home licensed under this Chapter to an applicant to
fill a position that does not require the applicant to have an occupational
license is conditioned on consent to a criminal history record check of the
applicant. If the applicant has been a resident of this State for less than
five years, then the offer of employment is conditioned on consent to a State
and national criminal history record check of the applicant. The national
criminal history record check shall include a check of the applicant's
fingerprints. If the applicant has been a resident of this State for five years
or more, then the offer is conditioned on consent to a State criminal history
record check of the applicant. An adult care home shall not employ an applicant
who refuses to consent to a criminal history record check required by this
section. Within five business days of making the conditional offer of
employment, an adult care home shall submit a request to the Department of
JusticeDepartment of Public Safety under G.S. 114‑19.10G.S. 143B‑939
to conduct a State or national criminal history record check required by this
section, or shall submit a request to a private entity to conduct a State
criminal history record check required by this section. Notwithstanding G.S. 114‑19.10,G.S. 143B‑939,
the Department of Justice Department of Public Safety shall
return the results of national criminal history record checks for employment
positions not covered by Public Law 105‑277 to the Department of Health
and Human Services, Criminal Records Check Unit. Within five business days of
receipt of the national criminal history of the person, the Department of
Health and Human Services, Criminal Records Check Unit, shall notify the adult
care home as to whether the information received may affect the employability
of the applicant. In no case shall the results of the national criminal history
record check be shared with the adult care home. Adult care homes shall make
available upon request verification that a criminal history check has been
completed on any staff covered by this section. All criminal history
information received by the home is confidential and may not be disclosed,
except to the applicant as provided in subsection (b) of this section.
(a1) Requirement; Contract Agency of Adult Care Home. –
An offer of employment by a contract agency of an adult care home licensed
under this Chapter to an applicant to fill a position that does not require the
applicant to have an occupational license is conditioned upon consent to a
criminal history record check of the applicant. If the applicant has been a
resident of this State for less than five years, then the offer of employment
is conditioned on consent to a State and national criminal history record check
of the applicant. The national criminal history record check shall include a
check of the applicant's fingerprints. If the applicant has been a resident of
this State for five years or more, then the offer is conditioned on consent to
a State criminal history record check of the applicant. A contract agency of an
adult care home shall not employ an applicant who refuses to consent to a
criminal history record check required by this section. Within five business
days of making the conditional offer of employment, a contract agency of an
adult care home shall submit a request to the Department of JusticeDepartment
of Public Safety under G.S. 114‑19.10G.S. 143B‑939
to conduct a State or national criminal history record check required by this
section, or shall submit a request to a private entity to conduct a State
criminal history record check required by this section. Notwithstanding G.S. 114‑19.10,G.S. 143B‑939,
the Department of Justice Department of Public Safety shall
return the results of national criminal history record checks for employment
positions not covered by Public Law 105‑277 to the Department of Health
and Human Services, Criminal Records Check Unit. Within five business days of
receipt of the national criminal history of the person, the Department of
Health and Human Services, Criminal Records Check Unit, shall notify the
contract agency of the adult care home as to whether the information received
may affect the employability of the applicant. In no case shall the results of
the national criminal history record check be shared with the contract agency
of the adult care home. Contract agencies of adult care homes shall make
available upon request verification that a criminal history check has been
completed on any staff covered by this section. All criminal history
information received by the contract agency is confidential and may not be
disclosed, except to the applicant as provided by subsection (b) of this
section.
…
(f) Conditional Employment. – An adult care home may employ an applicant conditionally prior to obtaining the results of a criminal history record check regarding the applicant if both of the following requirements are met:
(1) The adult care home shall not employ an applicant
prior to obtaining the applicant's consent for a criminal history record check
as required in subsection (a) of this section or the completed fingerprint
cards as required in G.S. 114‑19.10.G.S. 143B‑939.
(2) The adult care home shall submit the request for a criminal history record check not later than five business days after the individual begins conditional employment.
…."
SECTION 6.1.(fff) G.S. 131E‑159(g) reads as rewritten:
"(g) An individual who applies for EMS
credentials, seeks to renew EMS credentials, or holds EMS credentials is
subject to a criminal background review by the Department. At the request of
the Department, the Emergency Medical Services Disciplinary Committee,
established by G.S. 143‑519, shall review criminal background
information and make a recommendation regarding the eligibility of an
individual to obtain initial EMS credentials, renew EMS credentials, or
maintain EMS credentials. The Department and the Emergency Medical Services
Disciplinary Committee shall keep all information obtained pursuant to this
subsection confidential. The Medical Care Commission shall adopt rules to
implement the provisions of this subsection, including rules to establish a
reasonable fee to offset the actual costs of criminal history information
obtained pursuant to G.S. 114‑19.21.G.S. 143B‑952."
SECTION 6.1.(ggg) G.S. 131E‑265 reads as rewritten:
"§ 131E‑265. Criminal history record checks required for certain applicants for employment.
(a) Requirement; Nursing Home or Home Care Agency. –
An offer of employment by a nursing home licensed under this Chapter to an
applicant to fill a position that does not require the applicant to have an
occupational license is conditioned on consent to a criminal history record
check of the applicant. If the applicant has been a resident of this State for
less than five years, then the offer of employment is conditioned on consent to
a State and national criminal history record check of the applicant. The
national criminal history record check shall include a check of the applicant's
fingerprints. If the applicant has been a resident of this State for five years
or more, then the offer is conditioned on consent to a State criminal history
record check of the applicant. An offer of employment by a home care agency
licensed under this Chapter to an applicant to fill a position that requires
entering the patient's home is conditioned on consent to a criminal history
record check of the applicant. In addition, employment status change of a
current employee of a home care agency licensed under this Chapter from a
position that does not require entering the patient's home to a position that
requires entering the patient's home shall be conditioned on consent to a
criminal history record check of that current employee. If the applicant for
employment or if the current employee who is changing employment status has
been a resident of this State for less than five years, then the offer of
employment or change in employment status is conditioned on consent to a State
and national criminal history record check. The national criminal history
record check shall include a check of the applicant's or current employee's
fingerprints. If the applicant or current employee has been a resident of this
State for five years or more, then the offer is conditioned on consent to a
State criminal history record check of the applicant or current employee
applying for a change in employment status. A nursing home or a home care
agency shall not employ an applicant who refuses to consent to a criminal
history record check required by this section. In addition, a home care agency
shall not change a current employee's employment status from a position that
does not require entering the patient's home to a position that requires
entering the patient's home who refuses to consent to a criminal history record
check required by this section. Within five business days of making the
conditional offer of employment, a nursing home or home care agency shall
submit a request to the Department of JusticeDepartment of Public
Safety under G.S. 114.19.10G.S. 143B‑939 to
conduct a State or national criminal history record check required by this
section, or shall submit a request to a private entity to conduct a State
criminal history record check required by this section. Notwithstanding G.S. 114‑19.10,G.S. 143B‑939,
the Department of Justice Department of Public Safety shall
return the results of national criminal history record checks for employment
positions not covered by Public Law 105‑277 to the Department of Health
and Human Services, Criminal Records Check Unit. Within five business days of
receipt of the national criminal history of the person, the Department of
Health and Human Services, Criminal Records Check Unit, shall notify the
nursing home or home care agency as to whether the information received may
affect the employability of the applicant. In no case shall the results of the
national criminal history record check be shared with the nursing home or home
care agency. Nursing homes and home care agencies shall make available upon
request verification that a criminal history check has been completed on any
staff covered by this section. All criminal history information received by the
home or agency is confidential and may not be disclosed, except to the
applicant as provided in subsection (b) of this section.
(a1) Requirement; Contract Agency of Nursing Home or
Home Care Agency. – An offer of employment by a contract agency of a nursing
home or home care agency licensed under this Chapter to an applicant to fill a
position that does not require the applicant to have an occupational license is
conditioned upon consent to a criminal history record check of the applicant.
If the applicant has been a resident of this State for less than five years,
then the offer of employment is conditioned on consent to a State and national
criminal history record check of the applicant. The national criminal history
record check shall include a check of the applicant's fingerprints. If the
applicant has been a resident of this State for five years or more, then the
offer is conditioned on consent to a State criminal history record check of the
applicant. A contract agency of a nursing home or home care agency shall not
employ an applicant who refuses to consent to a criminal history record check
required by this section. Within five business days of making the conditional
offer of employment, a contract agency of a nursing home or home care agency
shall submit a request to the Department of JusticeDepartment of Public
Safety under G.S. 114‑19.10G.S. 143B‑939
to conduct a State or national criminal history record check required by this
section, or shall submit a request to a private entity to conduct a State
criminal history record check required by this section. Notwithstanding G.S. 114‑19.10,G.S. 143B‑939,
the Department of Justice Department of Public Safety shall
return the results of national criminal history record checks for employment
positions not covered by Public Law 105‑277 to the Department of Health
and Human Services, Criminal Records Check Unit. Within five business days of
receipt of the national criminal history of the person, the Department of
Health and Human Services, Criminal Records Check Unit, shall notify the
contract agency of the nursing home or home care agency as to whether the
information received may affect the employability of the applicant. In no case
shall the results of the national criminal history record check be shared with
the contract agency of the nursing home or home care agency. Contract agencies
of nursing homes and home care agencies shall make available upon request
verification that a criminal history check has been completed on any staff
covered by this section. All criminal history information received by the
contract agency is confidential and may not be disclosed, except to the
applicant as provided by subsection (b) of this section.
…
(f) Conditional Employment. – A nursing home or home care agency may employ an applicant conditionally prior to obtaining the results of a criminal history record check regarding the applicant if both of the following requirements are met:
(1) The nursing home or home care agency shall not
employ an applicant prior to obtaining the applicant's consent for a criminal
history record check as required in subsection (a) of this section or the
completed fingerprint cards as required in G.S. 114‑19.10.G.S. 143B‑939.
(2) The nursing home or home care agency shall submit the request for a criminal history record check not later than five business days after the individual begins conditional employment.
…."
SECTION 6.1.(hhh) G.S. 143‑143.10(b)(6) reads as rewritten:
"(6) To request that the Department of Justice Department
of Public Safety conduct criminal history checks of applicants for
licensure pursuant to G.S. 114‑19.13.G.S. 143B‑944."
SECTION 6.1.(iii) G.S. 148‑37.3(c) reads as rewritten:
"(c) Any private corporation described in subsection (a) of this section shall reimburse the State and any county or other law enforcement agency for the full cost of any additional expenses incurred by the State or the county or other law enforcement agency in connection with the pursuit and apprehension of an escaped inmate from the facility.
In the event of an escape from the facility, any private
corporation described in subsection (a) of this section shall immediately
notify the sheriff in the county in which the facility is located, who shall
cause an immediate entry into the State Bureau of Investigation Division of
Criminal Information network. Department of Public Safety's Criminal
Information Network. The sheriff of the county in which the facility is
located shall be the lead law enforcement officer in connection with the
pursuit and apprehension of an escaped inmate from the facility."
SECTION 6.1.(jjj) G.S. 153A‑94.2 reads as rewritten:
"§ 153A‑94.2. Criminal history record checks of employees permitted.
The board of commissioners may adopt or provide for rules and
regulations or ordinances concerning a requirement that any applicant for
employment be subject to a criminal history record check of State and National
Repositories of Criminal Histories conducted by the Department of Justice Department
of Public Safety in accordance with G.S. 114‑19.14.G.S. 143B‑945.
The local or regional public employer may consider the results of these
criminal history record checks in its hiring decisions."
SECTION 6.1.(kkk) G.S. 160A‑164.2 reads as rewritten:
"§ 160A‑164.2. Criminal history record check of employees permitted.
The council may adopt or provide for rules and regulations or
ordinances concerning a requirement that any applicant for employment be
subject to a criminal history record check of State and National Repositories
of Criminal Histories conducted by the Department of Justice Department
of Public Safety in accordance with G.S. 114‑19.14.G.S. 143B‑945.
The city may consider the results of these criminal history record checks in
its hiring decisions."
SECTION 6.1.(lll) G.S. 164‑44(a) reads as rewritten:
"(a) The Commission shall have the secondary duty
of collecting, developing, and maintaining statistical data relating to
sentencing, corrections, and juvenile justice so that the primary duties of the
Commission will be formulated using data that is valid, accurate, and relevant
to this State. All State agencies shall provide data as it is requested by the
Commission. For the purposes of G.S. 114‑19.1,G.S. 143B‑930,
the Commission shall be considered to be engaged in the administration of
criminal justice. All meetings of the Commission shall be open to the public
and the information presented to the Commission shall be available to any State
agency or member of the General Assembly."
SECTION 6.1.(mmm) Subpart C of Part 2 of Article 4 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B‑926. Appointment and term of the Director of the State Bureau of Investigation.
(a) The Director of the State Bureau of Investigation shall be appointed by the Governor for a term of eight years subject to confirmation by the General Assembly by joint resolution. The name of the person to be appointed by the Governor shall be submitted by the Governor to the General Assembly for confirmation by the General Assembly on or before May 1 of the year in which the term for which the appointment is to be made expires. Upon failure of the Governor to submit a name as herein provided, the President Pro Tempore of the Senate and the Speaker of the House of Representatives jointly shall submit a name of an appointee to the General Assembly on or before May 15 of the same year. The appointment shall then be made by enactment of a bill. The bill shall state the name of the person being appointed, the office to which the appointment is being made, the effective date of the appointment, the date of expiration of the term, the residence of the appointee, and that the appointment is made upon the joint recommendation of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Nothing precludes any member of the General Assembly from proposing an amendment to any bill making such an appointment.
(b) The Director may be removed from office by the Governor for any of the grounds set forth in G.S. 143B‑13(b), (c), and (d). In case of a vacancy in the office of the Director of the State Bureau of Investigation for any reason prior to the expiration of the Director's term of office, the name of the Director's successor shall be submitted by the Governor to the General Assembly not later than 60 days after the vacancy arises. If a vacancy arises in the office when the General Assembly is not in session, the Director shall be appointed by the Governor to serve on an interim basis pending confirmation by the General Assembly."
SECTION 6.1.(nnn) Notwithstanding anything in G.S. 143B‑926, as enacted by subsection (mmm) of this section, to the contrary, the Governor shall appoint an acting Director of the State Bureau of Investigation who shall serve until a new Director is appointed pursuant to G.S. 143B‑926. A Director shall be appointed pursuant to G.S. 143B‑926 no later than June 1, 2015, for a term that shall end on June 30, 2023.
SECTION 6.1.(ooo) Notwithstanding any other provision of law, there shall be no transfer of positions to or from the State Bureau of Investigation and no changes to the total authorized budget of the State Bureau of Investigation, as it existed on March 1, 2014, prior to the transfer of the State Bureau of Investigation to the Department of Public Safety. Under no circumstances shall funds be expended from Budget Code 23606 – Justice Seized and Forfeited Assets, unless those expenditures were reported to the NC General Assembly on or before February 4, 2014. This subsection shall not apply to the following positions, which are hereby transferred to the North Carolina State Crime Laboratory, along with the sum of two hundred sixty‑seven thousand six hundred sixty‑one dollars ($267,661) to support those positions:
Position Number: Position Title:
60011076 Processing Asst IV
60011060 Purchasing Agent II
60011091 Administrative Officer I
60010606 HVAC Technician
60011062 Program Asst V
SECTION 6.1.(ppp) Subpart C of Part 2 of Article 4 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B‑927. Personnel of the State Bureau of Investigation.
The Director of the State Bureau of Investigation may appoint a sufficient number of assistants who shall be competent and qualified to do the work of the Bureau. The Director shall be responsible for making all hiring and personnel decisions of the Bureau."
ALCOHOL LAW ENFORCEMENT SECTION TRANSFER
SECTION 6.1.(qqq) The Alcohol Law Enforcement Section shall be relocated as a branch under the State Bureau of Investigation.
SECTION 6.1.(rrr) G.S. 18B‑500 reads as rewritten:
"§ 18B‑500. Alcohol law‑enforcement agents.
(a) Appointment. – The Secretary of Public SafetyDirector
of the State Bureau of Investigation shall appoint alcohol law‑enforcement
agents and other enforcement personnel. The Secretary of Public SafetyDirector
may also appoint regular employees of the Commission as alcohol law‑enforcement
agents. Alcohol law‑enforcement agents shall be designated as "alcohol
law‑enforcement agents". Persons serving as reserve alcohol law‑enforcement
agents are considered employees of the Alcohol Law Enforcement Section Branch
for workers' compensation purposes while performing duties assigned or
approved by the Director Head of the Alcohol Law
Enforcement Section Branch or the Director's Head's designee.
(b) Subject Matter Jurisdiction. – After taking the
oath prescribed for a peace officer, an alcohol law‑enforcement agent
shall have authority to arrest and take other investigatory and enforcement
actions for any criminal offense. The primary responsibility of an agent shall
be enforcement of the ABC laws, lottery laws, and Article 5 of Chapter 90
(The Controlled Substances Act); however, an agent may perform any law‑enforcement
duty assigned by the Secretary of Public Safety or the Governor.ABC and
lottery laws.
…
(g) Shifting of Personnel From One District to
Another. – The Director Head of the Alcohol Law Enforcement Section,Branch,
under rules adopted by the Department of Public Safety may, from time to time,
shift the forces from one district to another or consolidate more than one
district force at any point for special purposes. Whenever an agent of the
Alcohol Law Enforcement Section is transferred from one district to another for
the convenience of the State or for reasons other than the request of the
agent, the Department shall be responsible for transporting the household
goods, furniture, and personal apparel of the agent and members of the agent's
household."
SECTION 6.1.(sss) The following statutes are amended by deleting the word "Section" wherever it appears in uppercase and substituting "Branch": G.S. 18B‑101(5), 18B‑201, 18B‑202, 18B‑203, 18B‑504, 18B‑805, 18B‑902, 18B‑903, 18B‑904, 19‑2.1, 105‑259(b)(15), and 143‑652.1 through 143‑658.
SECTION 6.1.(ttt) G.S. 143‑651 reads as rewritten:
"§ 143‑651. Definitions.
The following definitions apply in this Article:
…
(4a) Branch. – The Alcohol Law Enforcement Branch of the State Bureau of Investigation.
...
(23b) Sanctioned amateur match. – Any match regulated by an
amateur sports organization that has been recognized and approved by the Section.Branch.
…
(24a) Section. – The Alcohol Law Enforcement
Section of the Department of Public Safety.
…."
SECTION 6.1.(uuu) G.S. 114‑19(a), recodified as G.S. 143B‑906 by subsection (j) of this section, reads as rewritten:
"(a) It shall be the duty of the State Bureau of
Investigation to receive and collect police criminal information,
to assist in locating, identifying, and keeping records of criminals in this
State, and from other states, and to compare, classify, compile, publish, make
available and disseminate any and all such information to the sheriffs,
constables, police authorities, courts or any other officials of the State
requiring such criminal identification, crime statistics and other information
respecting crimes local and national, and to conduct surveys and studies for
the purpose of determining so far as is possible the source of any criminal
conspiracy, crime wave, movement or cooperative action on the part of the
criminals, reporting such conditions, and to cooperate with all officials in
detecting and preventing."
MISCELLANEOUS PROVISIONS
SECTION 6.1.(vvv) The Department of Public Safety shall consolidate ALE and SBI Regions and Regional Offices. These regional offices shall be operational by October 1, 2014.
SECTION 6.1.(www) The Department of Public Safety shall make the following reports on progress implementing this section to the Joint Legislative Oversight Committee on Justice and Public Safety, to the chairs of the Senate Appropriations Committee on Justice and Public Safety, and to the chairs of the House Appropriations Subcommittee on Justice and Public Safety:
(1) An interim report on or before January 1, 2015.
(2) A second interim report on or before April 1, 2015.
(3) A final report on or before October 1, 2015. This report may include any recommendations for changes to applicable statutes.
SECTION 6.1.(xxx) The Department of Public Safety may use funds available to the Division of Law Enforcement in the 2014‑2015 fiscal year to create two sworn SBI agent positions and one non‑sworn intelligence analyst position in the SBI's Computer Crimes Unit to investigate reports of Internet crimes against children.
SECTION 6.1.(yyy) Subsection (ooo) of this section is effective when this act becomes law. The remainder of this section becomes effective July 1, 2014.
SECTION 6.2. G.S. 18B-904(e) is amended by adding a new subdivision to read:
"(4) Notwithstanding G.S. 18B-906, the Commission shall immediately suspend permits issued by it for a period of 30 days, if both of the following apply:
a. Alcohol Law Enforcement agents or local ABC Board officers provide advance notice to the Commission Legal Division staff of the ongoing undercover operation.
b. Upon execution of the search warrant resulting from said undercover operation, five or more persons are criminally charged with violations of the gambling, disorderly conduct, prostitution, controlled substance, or felony criminal counterfeit trademark laws."
PART VII. ADD RETIRED QUALIFIED CORRECTIONAL OFFICERS/COURSE EXEMPTION
SECTION 7.1. G.S. 14‑415.10 is amended by adding a new subdivision to read:
"(4c) Qualified retired correctional officer. – An individual who retired from service as a State correctional officer, other than for reasons of mental disability, who has been retired as a correctional officer two years or less from the date of the permit application and who meets all of the following criteria:
a. Immediately before retirement, the individual met firearms training standards of the Division of Adult Correction of the Department of Public Safety and was authorized by the Division of Adult Correction of the Department of Public Safety to carry a handgun in the course of assigned duties.
b. The individual retired in good standing and was never a subject of a disciplinary action by the Division of Adult Correction of the Department of Public Safety that would have prevented the individual from carrying a handgun.
c. The individual has a vested right to benefits under the Teachers' and State Employees' Retirement System of North Carolina established under Article 1 of Chapter 135 of the General Statutes.
d. The individual is not prohibited by State or federal law from receiving a firearm."
SECTION 7.2. G.S. 14‑415.12A(a) reads as rewritten:
"(a) A person who is a qualified sworn law enforcement officer, a qualified former sworn law enforcement officer, a qualified retired correctional officer, or a qualified retired probation or parole certified officer is deemed to have satisfied the requirement under G.S. 14 415.12(a)(4) that an applicant successfully complete an approved firearms safety and training course."
SECTION 7.3. This Part is effective when this act becomes law.
PART VIII. CONFORM STATE LAW/HALL V. FLORIDA
SECTION 8.1. G.S. 15A‑2005 reads as rewritten:
"§ 15A‑2005.
Mentally retarded defendants; Intellectual disability; death
sentence prohibited.
(a) (1) The following definitions apply in this section:
a. Mentally retarded. Intellectual
disability. – A condition marked by Significantly significantly
subaverage general intellectual functioning, existing concurrently with
significant limitations in adaptive functioning, both of which were manifested
before the age of 18.
b. Significant limitations in adaptive functioning. – Significant limitations in two or more of the following adaptive skill areas: communication, self‑care, home living, social skills, community use, self‑direction, health and safety, functional academics, leisure skills and work skills.
c. Significantly subaverage general intellectual functioning. – An intelligence quotient of 70 or below.
(2) The defendant has the burden of proving
significantly subaverage general intellectual functioning, significant
limitations in adaptive functioning, and that mental retardation intellectual
disability was manifested before the age of 18. An intelligence quotient of
70 or below on an individually administered, scientifically recognized
standardized intelligence quotient test administered by a licensed psychiatrist
or psychologist is evidence of significantly subaverage general intellectual
functioning; however, it is not sufficient, without evidence of significant
limitations in adaptive functioning and without evidence of manifestation
before the age of 18, to establish that the defendant is mentally retarded.has
an intellectual disability. An intelligence quotient of 70, as described in
this subdivision, is approximate and a higher score resulting from the
application of the standard error of measurement to an intelligence quotient of
70 shall not preclude the defendant from being able to present additional
evidence of intellectual disability, including testimony regarding adaptive
deficits. Accepted clinical standards for diagnosing significant limitations in
intellectual functioning and adaptive behavior shall be applied in the
determination of intellectual disability.
(b) Notwithstanding any provision of law to the
contrary, no defendant who is mentally retarded with an intellectual
disability shall be sentenced to death.
(c) Upon motion of the defendant, supported by
appropriate affidavits, the court may order a pretrial hearing to determine if
the defendant is mentally retarded. has an intellectual disability. The
court shall order such a hearing with the consent of the State. The defendant
has the burden of production and persuasion to demonstrate mental
retardation intellectual disability by clear and convincing
evidence. If the court determines that the defendant to be mentally
retarded, has an intellectual disability, the court shall declare
the case noncapital, and the State may not seek the death penalty against the
defendant.
(d) The pretrial determination of the court shall not preclude the defendant from raising any legal defense during the trial.
(e) If the court does not find that the
defendant to be mentally retarded has an intellectual disability in
the pretrial proceeding, upon the introduction of evidence of the defendant's
mental retardation raising the issue of intellectual disability during
the sentencing hearing, the court shall submit a special issue to the jury as
to whether the defendant is mentally retarded has an intellectual
disability as defined in this section. This special issue shall be
considered and answered by the jury prior to the consideration of aggravating
or mitigating factors and the determination of sentence. If the jury determines
that the defendant to be mentally retarded, has an
intellectual disability, the court shall declare the case noncapital and
the defendant shall be sentenced to life imprisonment.
(f) The defendant has the burden of production and
persuasion to demonstrate mental retardation intellectual disability to
the jury by a preponderance of the evidence.
(g) If the jury determines that the defendant is
not mentally retarded does not have an intellectual disability as
defined by this section, the jury may consider any evidence of mental
retardation intellectual disability presented during the sentencing
hearing when determining aggravating or mitigating factors and the defendant's
sentence.
(h) The provisions of this section do not preclude the
sentencing of a mentally retarded an offender with an
intellectual disability to any other sentence authorized by G.S. 14‑17
for the crime of murder in the first degree."
SECTION 8.2. This Part is effective when this act becomes law.
PART IX. INCREASE PENALTY FOR GRAFFITI VANDALISM
SECTION 9.1. Article 22 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑127.1. Graffiti vandalism.
(a) Except as otherwise provided in this section, any person who engages in graffiti vandalism of (i) any real property, whether public or private or (ii) any public building or facility, or any statue or monument situated in any public place, shall be guilty of a Class 1 misdemeanor. A person convicted of a Class 1 misdemeanor under this subsection shall be fined a minimum of five hundred dollars ($500.00) and required to perform 24 hours of community service.
(b) Any person who violates subsection (a) of this section shall be guilty of a Class I felony if either of the following apply:
(1) The cost to repair damage caused by the violation is in excess of one thousand dollars ($1,000).
(2) The person has two or more prior convictions for violation of this section.
(c) If a person is convicted of five or more violations of this section in a single session of district court or in a single week of superior court, and at least five of the offenses occurred within a 60‑day period, the court shall consolidate the offenses for judgment and the consolidated offenses shall be punishable as a Class I felony.
(d) As used in this section, "graffiti vandalism" means to unlawfully write or scribble on, mark, paint, deface, besmear, or injure the walls of (i) any real property, whether public or private, including cemetery tombstones and monuments, (ii) any public building or facility as defined in G.S. 14‑132, or (iii) any statue or monument situated in any public place, by any type of pen, paint, or marker regardless of whether the pen or marker contains permanent ink, paint, or spray paint."
SECTION 9.2. This Part becomes effective December 1, 2014, and applies to offenses committed on or after that date.
PART X. UNFAIR USE OF CRIMINAL RECORD INFORMATION
SECTION 10.1. Chapter 75 of the General Statutes is amended by adding a new section to read:
"§ 75‑43. Unfair use of criminal record information.
(a) The violation of any provision of this section shall be considered an unfair trade practice, as prohibited by G.S. 75‑1.1.
(b) A person commits a violation under this section if the person does both of the following:
(1) Engages in publishing or otherwise disseminating, in print or over the Internet, photographs of an individual taken pursuant to G.S. 15A‑502(a)(1) or G.S. 15A‑502(a2) or authorized by G.S. 15A‑502(b).
(2) Solicits or accepts the payment of a fee or other consideration to remove the individual's photograph."
SECTION 10.2. This Part becomes effective December 1, 2014, and applies to violations occurring on or after that date.
PART XI. REMOTE VIDEO TESTIMONY BY FORENSIC AND CHEMICAL ANALYSTS
SECTION 11.1. Article 73 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑1225.3. Forensic analyst remote testimony.
(a) Definitions. – The following definitions apply to this section:
(1) Criminal proceeding. – Any hearing or trial in a prosecution of a person charged with violating a criminal law of this State and any hearing or proceeding conducted under Subchapter II of Chapter 7B of the General Statutes where a juvenile is alleged to have committed an offense that would be a criminal offense if committed by an adult.
(2) Remote testimony. – A method by which a forensic analyst testifies from a location other than the location where the hearing or trial is being conducted and outside the physical presence of a party or parties.
(b) Remote Testimony Authorized. – In any criminal proceeding, the testimony of an analyst regarding the results of forensic testing admissible pursuant to G.S. 8‑58.20, and reported by that analyst, shall be permitted by remote testimony if all of the following occur:
(1) The State has provided a copy of the report to the attorney of record for the defendant, or to the defendant if that person has no attorney, as required by G.S. 8‑58.20(d). For purposes of this subdivision, "report" means the full laboratory report package provided to the district attorney.
(2) The State notifies the attorney of record for the defendant, or the defendant if that person has no attorney, at least 15 business days before the proceeding at which the evidence would be used of its intention to introduce the testimony regarding the results of forensic testing into evidence using remote testimony.
(3) The defendant's attorney of record, or the defendant if that person has no attorney, fails to file a written objection with the court, with a copy to the State, at least five business days before the proceeding at which the testimony will be presented that the defendant objects to the introduction of the remote testimony.
If the defendant's attorney of record, or the defendant if that person has no attorney, fails to file a written objection as provided in this subsection, then the analyst shall be allowed to testify by remote testimony.
(c) Testimony. – The method used for remote testimony authorized by this section shall allow the trier of fact and all parties to observe the demeanor of the analyst as the analyst testifies in a similar manner as if the analyst were testifying in the location where the hearing or trial is being conducted. The court shall ensure that the defendant's attorney, or the defendant if that person has no attorney, has a full and fair opportunity for examination and cross‑examination of the analyst.
(d) Nothing in this section shall preclude the right of any party to call any witness."
SECTION 11.2. G.S. 20‑139.1 is amended by adding a new subsection to read:
"(c5) The testimony of an analyst regarding the results of a chemical analysis of blood or urine admissible pursuant to subsection (c1) of this section, and reported by that analyst, shall be permitted by remote testimony, as defined in G.S. 15A‑1225.3, in all administrative hearings, and in any court, if all of the following occur:
(1) The State has provided a copy of the report to the attorney of record for the defendant, or to the defendant if that person has no attorney, as required by subsections (c1) and (c3) of this section.
(2) The State notifies the attorney of record for the defendant, or the defendant if that person has no attorney, at least 15 business days before the proceeding at which the evidence would be used of its intention to introduce the testimony regarding the chemical analysis into evidence using remote testimony.
(3) The defendant's attorney of record, or the defendant if that person has no attorney, fails to file a written objection with the court, with a copy to the State, at least five business days before the proceeding at which the testimony will be presented that the defendant objects to the introduction of the remote testimony.
If the defendant's attorney of record, or the defendant if that person has no attorney, fails to file a written objection as provided in this subsection, then the analyst shall be allowed to testify by remote testimony.
The method used for remote testimony authorized by this subsection shall allow the trier of fact and all parties to observe the demeanor of the analyst as the analyst testifies in a similar manner as if the analyst were testifying in the location where the hearing or trial is being conducted. The court shall ensure that the defendant's attorney, or the defendant if that person has no attorney, has a full and fair opportunity for examination and cross‑examination of the analyst.
Nothing in this section shall preclude the right of any party to call any witness. Nothing in this subsection shall obligate the Administrative Office of the Courts or the State Crime Laboratory to incur expenses related to remote testimony absent an appropriation of funds for that purpose."
SECTION 11.3. This Part becomes effective September 1, 2014, and applies to testimony admitted on or after that date.
PART XII. EFFECTIVE DATE
SECTION 12. Except as otherwise provided, this act is effective when it becomes law.