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Weekly Legislative Report
March 27, 2015
Thursday was the deadline for bills to be filed in the Senate and it was a busy day with
195 new bills introduced that day alone, for a total of 711 bills introduced in the Senate this year.
There have been 387 bills introduced so far in the House and the final deadline for introduction
of bills in the House is April 15th.
On Wednesday, a rare legislative maneuver occurred in the House Judiciary I Committee.
The committee considered House Bill 78, Enact Medical Cannabis Act, and then gave the bill an
"unfavorable" report. This means that this bill, as well as any other bill on this subject matter, is
no longer eligible for consideration by the House in 2015 or 2016.
Usually, when legislators decide not to approve legislative bills, the bills are allowed to
remain in committee without any further action. It is rare for bills to receive an "unfavorable"
report, but this is a legislative action that is used to clearly demonstrate the House’s intent to take
no further action on this issue during this two-year legislative session.
When the bill was considered in committee, people were allowed to speak in favor of the
legislation and against the legislation. However, no legislators on the committee spoke for or
against the bill during the meeting and it appeared that the vote to give the bill an "unfavorable"
report was unanimous. Two years ago, the House Rules Committee issued a similar
"unfavorable" report on a medical marijuana bill, killing discussion of that issue for the 2013 –
2014 session of the General Assembly.
The House and Senate adjourned Thursday and will reconvene on Monday evening.
BILLS OF INTEREST
HOUSE BILL 311, ABC Store Election/Town of Leland, would allow the town of Leland to
hold an ABC store election. Introduced by Representatives Hamilton and Iler, and assigned
to the House Committee on Elections.
HOUSE BILL 312, Certain Counties Sheriff/Food Purchases, would allow the counties of
Haywood, Madison, and Yancey to contract for the purchase of food and food services supplies
for the county’s detention facilities without being subject to certain State purchase and contract
laws [G.S. 143-129 and G.S. 143-131(a)] which require local governments to obtain competitive
bids before awarding certain types of contracts. Introduced by Representative Presnell, and
assigned to the House Committee on Local Government.
Weekly Legislative Report
North Carolina Sheriffs’ Association
March 27, 2015
HOUSE BILL 313, Promotion Grievances/City of Statesville, would be applicable only to the
City of Statesville, and would require that a civil service board hear grievances related to the
promotion of members of the fire and police departments in the City of Statesville. Introduced
by Representatives Turner and Fraley, and assigned to the House Committee on Local
Government.
HOUSE BILL 315, Sheriff & Landlord/Tenant-Writs of Poss. Chg, would provide that all civil
process fees would have to be collected in advance, except for suits in forma pauperis (those
civil matters initiated by individuals who are unable to pay). The law is currently the same
except those fees that are contingent on expenses or sale prices are also exempt from being
collected in advance. The bill does not address how advance fees that are contingent on expenses
or sale prices would be calculated.
This bill would also require the clerk of superior court to collect a fee from a plaintiff, not to
exceed $100, for any orders of seizure and delivery of personal property to a plaintiff (for
example, when a claim and delivery order is issued requiring a defendant's property to be seized
and delivered to a plaintiff). The amount of the fee would be determined based on the value of
the property. The fee would be given to the sheriff and would be used by the sheriff to offset the
fees and expenses for taking and caring for the seized property. If the cost to the sheriff to seize,
deliver and care for the seized property is less than the amount received from the plaintiff, the
sheriff would return the excess amount to the plaintiff. Introduced by Representative Stevens,
and assigned to the House Judiciary III Committee.
HOUSE BILL 317, Medical Marijuana for Terminally Ill Patients, would allow a person to
possess and use marijuana without being subject to criminal penalties, if the individual meets all
of the following criteria:
1. The individual has been diagnosed with a terminal or debilitating illness by a doctor;
2. The individual has been admitted to hospice or is at home under the care of hospice; and
3. The individual's use or possession of marijuana is pursuant to a valid prescription issued
by a licensed physician who is treating the individual for a terminal or debilitating illness.
A "debilitating illness" would mean a chronic and substantial inability, as a result of a physically
debilitating illness, disease, or injury, to care for one's self, a minor child, or both. Introduced
by Representatives Alexander, Carney, Harrison and Cunningham, and assigned to the
House Judiciary I Committee.
HOUSE BILL 318, Protect North Carolina Workers Act, would prohibit a county from entering
into a contract unless the contractor and subcontractors (currently, only the contractor is named
in the law) under the contract comply with the requirements of Article 2 of Chapter 64 of the
General Statutes (Verification to Work Authorization). A county would satisfy this requirement
if it includes a provision in all contracts it enters into that requires contractors and subcontractors
to use E-verify.
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This bill would also provide that the following documents are not acceptable for use in
determining a person’s actual identity or residency by a justice, judge, clerk, magistrate, law
enforcement officer, or other government official:
1. A matricula consular (embassy identification card) or other similar document, other than
a valid passport, issued by a consulate or embassy of another country; or
2. An identity document issued or created by any person, organization, county, city, or other
local authority, except where expressly authorized to be used for this purpose by the
General Assembly.
No local government or law enforcement agency would be allowed to establish the acceptability
of any of those documents as a form of identification to be used to determine the identity or
residency of any person. Introduced by Representatives Cleveland, Millis, Whitmire and
Conrad, and assigned to the House Committee on Commerce and Job Development.
HOUSE BILL 319, CDLs for Veterans Revisions, is identical to Senate Bill 43 summarized in
the February 13, 2015 Weekly Legislative Report. Introduced by Representatives Szoka,
Jeter, Adams and Pendleton, and assigned to the House Committee on Transportation.
HOUSE BILL 327, Allow Use of Pepper Spray by EMS Workers, would allow emergency
medical services personnel to carry and use pepper spray for self defense purposes. Introduced
by Representative Dobson, and assigned to the House Judiciary II Committee.
HOUSE BILL 328, Highway Safety/Citizens Protection Act, would make a number of statutory
changes. Those of interest to criminal justice agencies are the following:
1. Would make it unlawful to knowingly sell a false or fraudulent form of identification for
the purpose of deception, fraud, or other criminal conduct;
2. Would increase the penalty for the possession, manufacture, or sale of certain fraudulent
forms of identification from a Class 1 misdemeanor to a Class G felony. Punishment
would remain a Class 1 misdemeanor in the following instances:
a. A violation based on the mere possession of a false or fraudulent form of
identification, rather than the manufacture or sale;
b. A violation by a person under the age of 21 for the purpose of the underage
purchase of alcohol; or
c. A violation by a person under the age of 18 for the purpose of the underage
purchase of tobacco products;
3. Would add restricted drivers permits and restricted identification cards to the list of
documents it is unlawful to:
a. Display or have in one’s possession, knowing the document to be fictitious or to
have been canceled, revoked, suspended, or altered;
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b. Counterfeit, sell, lend to, or knowingly permit the use of the document, by one not
entitled to do so;
c. Represent the document as one’s own;
d. Fail or refuse to surrender the document to the Division of Motor Vehicles upon
demand;
e. Use a false or fictitious name or give a false or fictitious address in any
application for the document;
f. Make a color photocopy or color reproduction of the document.
All of the above would be punishable as a Class G felony;
4. Would make it a Class G felony to possess more than one special identification card for a
fraudulent purpose;
5. Would create a rebuttable presumption that no condition of release will reasonably assure
the appearance of a person and the safety of the community if the person is unlawfully
present in the United States, and a judicial official finds probable cause to believe that the
person committed one or more sex offenses, violent felonies, drug or gang offenses or
that there is probable cause to believe that the person committed an offense not listed
above and United States Immigration and Customs Enforcement has issued a detainer for
the initiation of removal proceedings against the person or has indicated it will do so;
6. Would require a defendant who is an undocumented alien, not lawfully present in the
United States, who is charged with a felony or a Class A1 misdemeanor to execute a
secured appearance bond as a condition of pretrial release;
7. Would allow a State or local law enforcement agency to transport an alien who is in the
agency’s custody to a federal facility or point of transfer into federal custody that is
outside the jurisdiction of the law enforcement agency. The agency would however need
judicial or executive authorization before transporting an alien to a point of transfer
outside North Carolina;
8. Would provide that the following documents are not acceptable for use in determining a
person’s actual identity or residency by a justice, judge, clerk, magistrate, law
enforcement officer, or other government official:
a. A matricula consular (embassy identification card) or other similar document,
other than a valid passport, issued by a consulate or embassy of another country;
or
b. An identity document issued or created by any person, organization, county, city,
or other local authority, except where expressly authorized to be used for this
purpose by the General Assembly.
No local government or law enforcement agency would be allowed to establish the
acceptability of any of these documents as a form of identification to be used to
determine the identity or residency of any person;
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9. Would authorize undocumented aliens to obtain restricted drivers permits and restricted
identification cards if they meet certain requirements including a criminal history records
check that shows the applicant does not have a criminal history; and
10. Would authorize the seizure, impoundment, and forfeiture of a motor vehicle driven by a
person while their license was revoked, driving without a license, or driving while failing
to maintain financial responsibility. The bill would provide exceptions to forfeiture
under certain conditions.
Introduced by Representatives Warren, Brown, Collins and Jordan, and assigned to the
House Judiciary I Committee.
HOUSE BILL 331, Sheriffs' Supp. Pension Fund/Sick Leave, would allow a sheriff to apply
unused sick leave accumulated under the Local Governmental Employees Retirement System
(LGERS) to their service time to determine eligible service in the Sheriffs’ Supplemental
Pension Fund. Introduced by Representatives Saine and Setzer, and assigned to the House
Committee on Pensions and Retirement.
HOUSE BILL 338, Fail to Obtain DL/Increase Punishment, would increase the punishment from
a Class 3 misdemeanor to a Class 2 misdemeanor for a second offense of failing to obtain a
drivers license before driving a motor vehicle where, at the time of each offense, the person was
ineligible to receive a drivers license. The punishment for this Class 2 misdemeanor would
require a mandatory fine of $400. A first offense would continue to be a Class 3 misdemeanor.
A person convicted for a third or subsequent offense of failing to obtain a drivers license before
driving a motor vehicle when the person was ineligible to receive a license, could be sentenced
to an active sentence of between twenty and sixty days confinement and the vehicle would be
subject to seizure and forfeiture. Introduced by Representative Millis, and assigned to the
House Judiciary II Committee.
HOUSE BILL 341, Controlled Substances/NBOMe & Other Drugs, would add the controlled
substances of Acetyl Fentanyl and NBOMe to the list of Schedule I controlled substances.
Additionally, several synthetic cannabinoids (marijuana) would be added to the list of Schedule
VI controlled substances. Tetramethylcyclopropanoylindoles would be deleted from the list of
Schedule VI controlled substances. Introduced by Representatives Jackson, Faircloth, Horn
and Stevens, and assigned to the House Judiciary II Committee.
HOUSE BILL 345, Currituck County/Remove Abandoned Vessels, would allow Currituck
County to remove abandoned vessels from navigable waters. Currently, only Brunswick County
and Dare County have this statutory authority. Introduced by Representative Steinburg, and
assigned to the House Committee on Local Government.
HOUSE BILL 346, Counties/Public Trust Areas, would allow counties, pursuant to an
ordinance, to prohibit, regulate, or correct harmful conditions on the State's ocean beaches and
prevent any unreasonable restriction of the public's rights to use these beaches. Additionally, the
county would be able to regulate the placement, maintenance, location, or use of equipment or
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personal property on the State's ocean beaches. "Ocean beaches" means the areas adjacent to the
ocean and ocean inlets that are subject to public trust rights. Introduced by Representative
Steinburg, and assigned to the House Committee on Local Government.
HOUSE BILL 350, Restore Driving Privileges/Competency, is identical to Senate Bill 349
summarized below in this week’s Weekly Legislative Report. Introduced by Representatives
Farmer-Butterfield, Richardson, Hurley and Turner, and assigned to the House Committee
on Transportation.
HOUSE BILL 352, Standard of Proof/Public Safety Dispatchers, would establish what level of
proof would be required to be shown in a civil lawsuit against telecommunicators and
dispatchers in order for a plaintiff to prevail in the lawsuit. This bill would provide that a person
acting in the capacity of a 911 or public safety telecommunicator or dispatcher at a Public Safety
Answering Point (PSAP) who is sued in a civil action arising from the performance of his/her
duties, would be entitled to the standard of proof of "clear and convincing evidence" in a court of
law. The standard of proof of “clear and convincing evidence” generally means the evidence is
more likely to be true than not. This standard of proof is higher than a “preponderance of the
evidence” standard used in most civil trials and less than the “beyond a reasonable doubt”
standard used in criminal trials. Introduced by Representative Torbett, and assigned to the
House Judiciary II Committee.
HOUSE BILL 355, Enhance Protection for Group Home Residents, would increase the
punishment from a Class 1 misdemeanor to a Class A1 misdemeanor for any employee or
volunteer at a group home facility that cares for people with mental illness, developmental
disabilities, or substance abuse problems to knowingly cause pain or injury to a client. It would
be a Class 1 misdemeanor for any employee or volunteer at a group home facility to take
personal property from a client.
The punishment would be increased from a Class 3 misdemeanor to a Class 1 misdemeanor for
anyone to threaten or harass an employee or volunteer at a facility who reports the intentional
injury, theft, or accidental injury of a client. Any employee or volunteer at a group home facility
who witnesses abuse or a sex offense against a client would have to report these allegations
within twenty-four hours after witnessing the situation to the Department of Social Services in
the county where the facility operates and to the District Attorney in the district where the
facility operates. A failure to do so would be a Class A1 misdemeanor. Introduced by
Representatives Reives and Stam, and assigned to the House Committee on Health.
HOUSE BILL 357, Toxicology Reports/District Court, would provide that a written toxicology
analysis that states the results of the analysis and is signed and sworn to by the person who
performed the analysis would be admissible into evidence in district court, without the testimony
of the analyst, provided all of the following criteria are met:
1. The laboratory that performed the analysis is accredited by the International Laboratory
Accreditation Cooperation (ILAC) Mutual Recognition Arrangement for Testing;
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2. The analyst who prepared the report completes an affidavit which states that the analyst is
qualified to perform the analysis, lists the name and location of the laboratory where the
analysis was performed, and states that performing the analysis was part of that person's
regular duties;
3. The district attorney serves a copy of the laboratory report and affidavit on the defendant
(or the defendant's attorney) stating that the report and affidavit would be offered as
evidence. The report and affidavit would have to be served on the defendant or his/her
attorney no later than ten days after receiving the report and affidavit and at least ten days
before trial; and
4. The defendant in the criminal prosecution has a right to appeal for a new trial in superior
court.
If a defendant wants to contest the results of the toxicology analysis, the defendant would have
the right to subpoena the analyst. Introduced by Representatives Stam, Faircloth, Glazier
and Hurley, and assigned to the House Judiciary II Committee.
HOUSE BILL 364, Clarify Laws on Exec. Orders and Appointments, would prohibit members
of the General Assembly from serving on the Domestic Violence Commission and on the
Governor's Crime Commission. Introduced by Representative Lewis, and assigned to the
House Committee on Rules, Calendar, and Operations of the House.
HOUSE BILL 385, Increase Sheriffs’ Supp. Pension Court Cost, is identical to Senate Bill 404
summarized below in this week’s Weekly Legislative Report. This bill is supported – high
priority by the North Carolina Sheriffs’ Association. Introduced by Representatives
McNeill, Presnell, Shepard and Waddell.
SENATE BILL 339, Healthy Families & Workplaces/Paid Sick Days, is identical to House Bill
270 summarized in last week's Weekly Legislative Report. Introduced by Senators Bryant,
Woodard and Foushee, and assigned to the Senate Committee on Rules and Operations of
the Senate.
SENATE BILL 343, Student Assault On Teacher/Felony Offense, would create a new felony
offense for a student assaulting a school employee under certain circumstances. It would be a
Class I felony if a student, over sixteen years of age, assaults a school employee on school
property when the employee is discharging his/her duties as an employee or as a result of having
discharged his/her duties as a school employee. It would be a Class G felony if a student is
convicted of a second or subsequent offense for assaulting a school employee. Introduced by
Senator Tillman, and assigned to the Senate Committee on Education/Higher Education.
SENATE BILL 349, Restore Driving Privileges/Competency, would require the Division of
Motor Vehicles (DMV) to restore the drivers license of a person that is determined to have been
restored to competency after receiving notice from the clerk of court in which the determination
is made. This bill would not require the DMV to restore the drivers license of a person if: (1) the
person's drivers license was revoked because of a conviction or other act requiring revocation
and (2) the person has not met the requirements for restoration of the person's drivers license.
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This bill would also direct the clerk of court to send DMV a certified copy of an order that makes
the determination that an individual has been restored to competency. Introduced by Senator
Randleman, and assigned to the Senate Committee on Transportation.
SENATE BILL 351, Collect DNA All Violent Felony Arrests, would expand the list of crimes
for which a DNA sample would be taken at the time of arrest by adding thirty-five specific
violent felonies to the list. These offenses would include crimes such as felony assaults, patient
and elder abuse, malicious injury or damage by use of explosives, common law robbery, and
cruelty to animals. Introduced by Senators Stein, Barringer and Bingham, and assigned to
the Senate Judiciary II Committee.
SENATE BILL 352, State Crime Lab Capacity Act/Funds, would assist the State Crime
Laboratory in meeting law enforcement analysis demands by appropriating funds to the
Department of Justice to provide the following:
1. A ten percent (10%) salary increase for the following positions in the State Crime
Laboratory: Forensic Scientist I, II, and III, Forensic Supervisor, and Forensic Manager;
2. Assets to analyze up to 6,030 pending cases, to address the toxicology backlog, and to
support private laboratory expert testimony costs;
3. Start-up equipment for the Western Regional Crime Laboratory;
4. The hiring of six lab technicians to complete important but nonscientific tasks to enable
forensic scientists to focus on their workload; and
5. The ability to contract for private training of new uncertified forensic DNA scientists in
order to allow existing forensic DNA scientists to focus on their workload.
Introduced by Senators Stein, Apodaca and Rabon, and assigned to the Senate Committee
on Appropriations/Base Budget.
SENATE BILL 356, Electronic Ads/Property Seized by Police, would clarify state law to
provide that the procedures to advertise seized or confiscated property before it is sold would
also apply when the seized or confiscated property is to be donated by a law enforcement agency
(for example, when confiscated bicycles are donated to charity).
This bill would also provide that a law enforcement agency that wants to sell or donate seized or
confiscated property would have to advertise the sale or donation in one of two ways. The
agency would either publicize the notice of the sale or donation in a newspaper (which is
currently provided for by law) or by the proposed new process of publicizing the notice
electronically on a website or social media account that is regularly updated by the sheriff’s
office, police department, or other government agency and that is accessible electronically by the
general public.
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In addition to publicizing the notice of the sale by one of the two methods set out above, the law
enforcement agency making the sale or donation would also be required to post a notice of the
sale or donation at the county courthouse door, at the sheriff's office or police department's
headquarters, and in at least one other area open to the general public. The posted notices would
have to contain a brief description of the property to be sold or donated, the time and place of the
sale if applicable, or instructions for accessing the electronic or Internet-based auction service if
that method would be used for the sale. Introduced by Senator Rabin, and assigned to the
Senate Judiciary II Committee.
SENATE BILL 361, Occupational Licensing Reform Study, would require the Legislative
Research Commission (Commission) to study the structure, organization, and operation of
occupational licensing boards. ”Occupational licensing boards” would include boards and
commissions such as the North Carolina Sheriffs’ Education and Training Standards
Commission (Sheriffs’ Commission) and the North Carolina Criminal Justice Education and
Training Standards Commission (Criminal Justice Commission).
The Commission would study:
1. The feasibility of establishing a single state agency to oversee the administration of some
or all of the occupational licensing boards;
2. The feasibility of combining administrative functions of some or all of the occupational
licensing boards;
3. The feasibility of combining occupational licensing boards with similar regulatory
functions; and
4. The feasibility of eliminating some occupational licensing boards, including an
assessment of the impact upon the health, safety and welfare of the public from any board
eliminations.
Introduced by Senator Hartsell, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 362, Amend Certain Expunction Laws, would reduce the amount of time a
person would have to wait in order to file for an expunction of a non-violent felony or nonviolent misdemeanor conviction. A person convicted of a non-violent felony would be able to
petition to have the conviction expunged ten years after the date of the conviction or the
completion of the sentence, whichever is later. A petition to have a conviction for a non-violent
misdemeanor expunged would be able to be filed five years after the date of the conviction or
completion of the sentence, whichever is later. Currently, a person must wait fifteen years after
the date of the conviction or the completion of the sentence, whichever is later, before filing a
petition for an expungement of a conviction for a non-violent felony or non-violent
misdemeanor.
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This bill would also modify the law to allow an individual to file for an expungement of a
criminal charge where the charge was dismissed or there was a finding of not guilty, even if the
person previously received an expunction. Currently, an individual applying for an expunction
where charges were dismissed or there was a finding of not guilty would be ineligible for the
expunction if the person had previously received an expungement. This bill would also provide
that a person who files a petition for a second or subsequent expungement based on the criminal
charges being dismissed or a finding of not guilty would have to pay the clerk of superior court a
fee of $175 at the time the petition is filed.
Confidential records of expunctions maintained by the Administrative Office of the Courts
pertaining to second or subsequent expungements where charges were dismissed or there was a
finding of not guilty, would be available for inspection by local law enforcement agencies and
the offices of the district attorney. Introduced by Senator Hartsell, and assigned to the Senate
Judiciary II Committee.
SENATE BILL 370, E-Signatures/Vehicle Title and Registration, would allow an application for
a certificate of title, a registration plate, a registration card, and any other document required by
the Division of Motor Vehicles (DMV) to be submitted with an electronic signature. Any
required notarization of an electronic signature would be able to be performed electronically in
accordance with the procedures established for a notary public by the Secretary of State’s
office. Introduced by Senator Barefoot, and assigned to the Senate Committee on
Information Technology.
SENATE BILL 377, Appropriate Funds for Drug Overdose Meds., would appropriate $50,000 to
the Department of Health and Human Services for the purchase and distribution of opioid
antagonists for the treatment of opioid related drug overdoses. Half of those funds would be used
to purchase and distribute opioid antagonists to North Carolina law enforcement agenices at no
charge. Introduced by Senator Bingham, and assigned to the Senate Committee on Health
Care.
SENATE BILL 378, Increase Punishment/Misd. Death by Vehicle, would create a new crime of
Aggravated Misdemeanor Death by Vehicle. A person would commit this crime if:
1. The person unintentionally caused the death of another person;
2. The person was engaged in the violation of any State law or local ordinance applying to
the operation or use of a motor vehicle (other than impaired driving);
3. The violation of State law or local ordinance is the proximate cause of the death; and
4. The person has three or more previous convictions for a violation of State law or a local
ordinance applying to the operation or use of a motor vehicle (other than impaired
driving) within seven years of the date of the offense.
Aggravated Misdemeanor Death by Vehicle would be a Class A1 misdemeanor and a person
convicted of this offense would be able to be sentenced to an active sentence of not more than
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one year imprisonment. Introduced by Senator Bingham, and assigned to the Senate
Judiciary II Committee.
SENATE BILL 391, Enjoin Street Gang/Expires in Three Years, would provide that a civil
injunction prohibiting street gang activity as a public nuisance would expire three years after the
entry of the order enjoining that activity. Currently, these orders expire one year after the order is
entered by the court. Introduced by Senator Tarte, and assigned to the Senate Judiciary I
Committee.
SENATE BILL 392, Left Turn on Red/DDI, would allow a driver to make a left-hand turn at a
red light if the vehicle is either exiting an interstate and entering a diverging diamond
interchange with traffic traveling from right to left or the vehicle is entering an interstate and
exiting a diverging diamond interchange with traffic traveling from right to left. Introduced by
Senator Tarte, and assigned to the Senate Committee on Transportation.
SENATE BILL 393, Brian Garlock Act, would prohibit a person from operating a motor vehicle
while using a mobile telephone or other electronic communication device unless the use of that
device is accomplished by hands-free equipment. Persons under eighteen years of age and
persons driving a school bus would not be able to operate a motor vehicle at all while using a
mobile telephone or electronic communication device, unless the use was for communicating
with an emergency response operator, ambulance or hospital, or a fire or law enforcement
agency in an emergency situation. Similarly, commercial motor vehicle operators would be
prohibited from using a mobile telephone or electronic communication device while driving a
commercial motor vehicle.
Other than persons driving school buses, commercial motor vehicles, or persons under eighteen
years of age, drivers would be able to use electronic communication devices under the following
conditions:
1. The driver presses a single button to activate or deactivate hands-free equipment;
2. The driver uses a global positioning system, navigation system, or portable music player
installed in a motor vehicle;
3. The driver uses a smart watch for the purpose of determining the time of day;
4. The driver uses a mobile telephone or other electronic communication device for
communicating an emergency situation; or
5. The device is used by a law enforcement officer, member of a fire department, first
responder, or operator of a public or private ambulance while in the performance of, and
for a purpose related to, his/her official duties.
A violation for operating a motor vehicle or commercial motor vehicle while using a mobile
telephone or electronic communication device would be an infraction and the operator would
have to pay a fine of $100. A person under eighteen years of age operating a motor vehicle while
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using a mobile telephone or electronic communication device would be responsible for an
infraction and would pay a fine of $25. A person operating a school bus while using a mobile
telephone or electronic communication device would be guilty of a Class 2 misdemeanor. This
bill is supported by the North Carolina Sheriffs’ Association. Introduced by Senators
Tarte and Bingham, and assigned to the Senate Committee on Rules and Operations of the
Senate.
SENATE BILL 394, Preemption Affirmation Act, would add language to State law to emphasize
that cities and counties are prohibited from regulating in any manner the taxation, manufacture,
or transportation of firearms, ammunition, components of firearms, or firearms dealers. Current
law specifically prohibits cities or counties from regulating the possession, ownership, storage,
transfer, sale, purchase, licensing and registration of firearms.
A violation of this law by a city or county would require a court to declare the rule or ordinance
invalid and the court would issue a permanent injunction against the local government.
Additionally, the elected official or head of any governmental entity who knowingly and
willfully violated these laws would be fined up to $5,000 and would be subject to losing his/her
job or contract, or being removed from office by the Governor. Introduced by Senator Tarte,
and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 395, Reform Medical Examiner System, would make numerous changes to the
North Carolina medical examiner system which would impact the criminal justice community.
Among these changes:
1. Five regional medical examiner offices would be established to provide postmortem and
medico-legal examinations and services in all regions of the State;
2. The Chief Medical Examiner (CME) would be required to ensure that the Office of the
CME maintains accreditation by the National Association of Medical Examiners, or an
alternative national entity;
3. The CME would be required to employ board certified forensic pathologists, medical
examiners, medico–legal death investigators, and administrative personnel to serve as
staff in each of the regional offices;
4. The Department of Health and Human Services would be required to establish continuing
education requirements for medical examiners employed by the Office of the CME;
5. Would clarify the circumstances under which a death occurs that would require
notification be made to the nearest regional medical examiner's office. For example,
notification would be made if the death resulted from violence, poisoning, accident,
suicide, was unattended by a physician, or occurred while in confinement or police
custody.
Introduced by Senator Tarte, and assigned to the Senate Committee on Health Care.
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SENATE BILL 404, Increase Sheriffs' Supp. Pension Court Cost, would increase court costs in a
criminal action that are used for the Sheriffs’ Supplemental Pension Fund from $1.25 to
$2.50. This bill is supported – high priority by the North Carolina Sheriffs’
Association. Introduced by Senator Gunn, and assigned to the Senate Committee on
Pensions and Retirement and Aging.
SENATE BILL 408, Firearms on School Grounds/Security Guards, would provide that the
prohibition on carrying a concealed weapon on educational property would not apply to an
armed security guard registered under Chapter 74C of the General Statutes (Private Protective
Services) when acting in the discharge of the guard’s duties with the permission of the college,
university, or superintendent of the local school administrative unit.
This bill would also allow any local law enforcement agency to request a list of the armed
security guards employed by the college, university, or local school administrative unit.
Introduced by Senator Davis, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 411, Additional Expunction/Dismiss or Not Guilty, would allow a person who
was charged with a nonviolent crime when the person was less than 26 years old that later had
the charge expunged, and who is charged with a subsequent nonviolent crime that was dismissed
or for which a finding of not guilty was entered, to expunge the subsequent criminal charge if the
person meets certain requirements.
The bill would however require persons pursuing certification through the North Carolina
Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs’
Education and Training Standards Commission to disclose any and all charges to the certifying
commission regardless of whether or not the charges were expunged. Introduced by Senators
McKissick, Bingham and Daniel, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 417, Habitual Impaired Driving/10-Year Period, would require when calculating
the ten year period for determining whether a person committed the offense of habitual impaired
driving to exclude any period of time during which the person was incarcerated. Introduced by
Senators Jackson, Davis and Hartsell, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 418, Amend Statutory Rape/15 Yrs. Old or Younger, would amend the criminal
offense of statutory rape or sexual offense of a person who is thirteen, fourteen, or fifteen years
old to apply to any victim who is fifteen years of age or younger. Introduced by Senators
Jackson, Daniel and Bingham, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 432, Electronic Pawn & Metals Database, would require pawnbrokers, currency
converters, precious metals dealers, and secondary metals recyclers to report information about
transactions and purchases to an electronic database that is accessible to North Carolina law
enforcement officers and agencies. The bill would direct the Office of Information Technology
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Services to contract with a third party for the operation of the electronic database and any
information contained in the database would not be considered a public record under Chapter
132 of the General Statutes.
The bill would also provide that information is not required to be entered into the electronic
database when the database is offline or otherwise inaccessible or an entity lacks the technology
needed to access the database. Introduced by Senator Randleman, and assigned to the Senate
Committee on Rules and Operations of the Senate.
SENATE BILL 441, Public Records - E-Mail Disclosure, would encourage North Carolina state
agencies to include a statement on outgoing email that discloses that the email may be a public
record and may be subject to inspection and copying. The bill also provides that if it is
appropriate, emails sent by or on behalf of a legislator should include a disclosure that the
document is confidential and not a public record. Introduced by Senator Clark, and assigned
to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 445, Burt's Law, is identical to House Bill 355 summarized above in this week's
Weekly Legislative Report. Introduced by Senators Krawiec, Newton and Wells, and
assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 453, Regulatory Reform Act of 2015, would make various administrative and
regulatory changes of interest to criminal justice agencies, including the following:
1. Would repeal obsolete statutes that make it a crime to use profane or indecent language
on public highways or to refuse to relinquish a party telephone line in an emergency;
2. Would direct State agency heads to develop a policy to limit the issuance and use of
mobile electronic devices to employees to the minimum required to carry out the
agency’s mission;
3. Would increase the penalty for parking in a handicapped parking space without the
required placard to at least two hundred fifty dollars ($250.00) but not more than five
hundred dollars ($500.00);
4. Would provide that any person who enters or attempts to enter any railroad car, motor
vehicle, trailer, aircraft, boat, or other watercraft of any kind would not be criminally or
civilly liable for doing so if one or more of the following circumstances exist:
a. The person acts in good faith to access a person inside to provide first aid or
emergency health care treatment, or because the person inside is, or is in
imminent danger of becoming, unconscious, ill, or injured;
b. It is reasonably apparent that the circumstances require prompt decisions and
actions in medical care, other health care, or other assistance; or
c. The necessity of immediate health care treatment or removal of the person is so
reasonably apparent that any delay in the rendering of treatment or removal would
seriously worsen the physical condition or endanger the life of the person;
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5. Would provide that a petition for expunction would not be denied solely based on a
boating violation;
6. Would authorize the Division of Motor Vehicles to issue permanent plates for trailers
attached to motorcycles;
7. Would increase the penalty for having an unsecured child in a motor vehicle from twenty
five dollars ($25.00) to one hundred dollars ($100.00); and
8. Would provide that failure to secure a child in a motor vehicle that appears to be less than
eight years of age and less than 80 pounds would be justification for the stop of a vehicle.
Introduced by Senators Wade, Brock and Jackson, and assigned to the Senate Committee
on Rules and Operations of the Senate.
SENATE BILL 469, Occupational Lic. Bd. Reporting Requirements, would amend the annual
reporting requirements for occupational licensing boards to include new information in the
annual report each board must file electronically with the Joint Legislative Administrative
Procedure Oversight Committee, the Department of Commerce, the State Auditor, the Office of
State Budget and Management, and the State Controller. The reports would include, among other
things, the certification of a proper system of internal control and the statute or rule authorizing
each fee collected, the amount of the fee, the date the fee was last changed, the number of times
the fee was collected during the prior reporting period, and the total receipts stemming from the
fee. This report would be open to public inspection and would be required to be posted on the
website of the occupational licensing board.
This bill includes a lengthy list of specifically named commissions and boards including the
North Carolina Criminal Justice Education and Training Standards Commission and the Private
Protective Services Board. The list does not include the North Carolina Sheriffs’ Education and
Training Standards Commission.
The bill would also allow board members to receive up to $200.00 (currently, $100.00) per day
for each day they are engaged in official business of the board. Introduced by Senator Hartsell,
and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 470, Ignition Interlock Req'd/All DWIs, would require persons convicted of
driving after consuming alcohol that are less than 21 years of age, and certain persons who refuse
a chemical analysis or are convicted of driving while impaired or any other impaired driving
offense, to have an ignition interlock system installed on every vehicle that person may drive
before that person can get a limited driving privilege. The bill would also remove the waiting
period before a person could apply for a limited driving privilege and provide for the payment of
an administrative fee that would create an Ignition Interlock Device Fund to assist indigent
individuals with the installation of an ignition interlock system. Introduced by Senator
Hartsell, and assigned to the Senate Committee on Rules and Operations of the Senate.
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SENATE BILL 477, Protection of State Monuments, would make it a Class 1 misdemeanor to
relocate, disturb, alter, or deface any monument, memorial, plaque, or work of art
commemorating events, veterans, or persons of North Carolina history located on public property
of the State or any of its political subdivisions. Introduced by Senator Brown, and assigned to
the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 479, Local Governments in State Health Plan, would allow units of local
government to enroll their employees and dependents in the State Health Plan for Teachers and
State Employees (Plan). In order to participate, a unit of local government would be required to
pass a valid resolution expressing the local government’s desire to participate in the Plan, enter
into a memorandum of understanding with the Plan, and provide at least 90 days notice to the
Plan prior to entry. The Plan would be required to admit any local government unit that meets
the administrative and legal requirements necessary, regardless of the financial impact on the
Plan. Local governments would be allowed to participate until the number of employees and
dependents enrolled in the Plan reaches 10,000, after which time no additional local governments
may join the plan. Introduced by Senators Brown, Rabon and Daniel, and assigned to the
Senate Committee on Rules and Operations of the Senate.
SENATE BILL 485, Law Enforcement Privacy/Public Web Sites, would direct the North
Carolina Courts Commission to study the development of a process whereby cities and counties
would remove personal information from records available on websites maintained by cities and
counties when requested to do so by nonelected officials, including law enforcement personnel,
prosecutors, and judicial officers. The Commission would report its findings and
recommendations to the 2016 Regular Session of the 2015 General Assembly. Introduced by
Senators Woodard and McKissick, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 492, Limited Driving Privilege/Church, would authorize the holder of a limited
driving privilege to drive to and from his/her place of religious worship. Introduced by
Senators Davis, Soucek and Daniel, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 496, Protect MH/DD/SA Clients From Abuse, would establish higher penalties
for repeated failures to report abuse, exploitation, or accidental injuries to those in facilities for
treatment for mental illness, developmental disabilities and substance abuse. A first violation for
an employee who witnesses, or has knowledge of, an accidental injury or abuse to a person
receiving treatment for mental illness, developmental disabilities and substance abuse would be a
Class 3 misdemeanor punishable only by a fine not to exceed $500. A repeated violation for
failure to report injury or abuse would be a Class 1 misdemeanor. Introduced by Senator
Davis, and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 497, Allow Change of Office Within Filing Deadline, would allow a person who
has filed a notice of candidacy for a public office to withdraw candidacy for that office after the
third business day and before the close of the filing period if the person is seeking a different
office. Introduced by Senator Davis, and assigned to the Senate Committee on Rules and
Operations of the Senate.
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SENATE BILL 499, Prevent Repeat Crime Act, would establish the North Carolina Statewide
Reentry Advisory Council (Council) within the Department of Public Safety. The purpose of the
Council would be to identify reentry and transition barriers faced by juvenile and adult offenders
and to establish partnerships to help promote job creation and development for people with
criminal backgrounds.
The Council would include:
1. Three members appointed by the General Assembly upon recommendation of the
Speaker of the House of Representatives;
2. Three members appointed by the General Assembly upon the recommendation of the
President Pro Tempore of the Senate;
3. Three members appointed by the Secretary of Public Safety;
4. A district attorney selected by the Conference of District Attorneys;
5. A public defender selected by the North Carolina Association of Public Defenders;
6. The Secretary of Correction [Note: The correct term is the Commissioner of the Division
of Adult Correction and Juvenile Justice] or the Secretary's designee; and
7. The Attorney General or the Attorney General's designee.
Introduced by Senator Stein, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 502, Prohibit Employment Disc./Poor Credit History, would prohibit an
employer from refusing employment to any person on account of the person’s credit history or
credit rating. An employer would however be able to request that a prospective employee submit
to a credit history background check if creditworthiness or credit standing is directly related to
the ability to perform essential functions of their employment. Introduced by Senators
McKissick and Bingham, and assigned to the Senate Committee on Rules and Operations
of the Senate.
SENATE BILL 503, Sex Offense With Student/Charter Schools, would clarify State law to
provide that the crimes of taking indecent liberties with a student and intercourse and sexual
offenses with a student would also be applicable to employees of charter schools and non-public
schools. Introduced by Senators Jackson, Tillman and Soucek, and assigned to the Senate
Committee on Rules and Operations of the Senate.
SENATE BILL 505, Revoke Consent for Intercourse, would provide that a person who
continues to engage in vaginal intercourse after consent is withdrawn is deemed to have
committed the act of intercourse by force and against the will of the other person. The
withdrawal of consent would have to be clearly communicated in a way that a reasonable person
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would understand consent was withdrawn. Introduced by Senators Jackson, Krawiec and
Randleman, and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 508, Amend Bail Bond Laws, would require any judicial official authorizing
pretrial release to file a copy of the release order with the clerk of superior court and to give a
copy of the pretrial release order to the defendant and any surety, including bond runners, who
provided a bond to the defendant. Additionally, this bill would provide that a bond surety would
no longer be obligated on the bond if the defendant is declared incapable to proceed to trial by
the court or the defendant entered into a deferred prosecution agreement. Introduced by
Senators Lee and Randleman, and assigned to the Senate Committee on Rules and
Operations of the Senate.
SENATE BILL 509, Public Authority/Weight & Perm. Plates, would exempt public utility
vehicles from light-traffic road limitations (roads determined by the Department of
Transportation to be subject to damage from excessively heavy motor vehicles). This bill would
also authorize the Division of Motor Vehicles to issue permanent registration plates for motor
vehicles owned and operated by public authorities. Introduced by Senator Lee, and assigned
to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 513, North Carolina Farm Act of 2015, would allow the Department of
Transportation (DOT) to issue permits to transport oversized hay bales. The DOT would issue
annual permits to allow a vehicle carrying these hay bales to transport them from place to place
on the same farm, from one farm to another, or to or from market. These permits would not
require escorts on State highways where the over-sized vehicle does not exceed posted bridge
and load limits. These permits however would restrict the transportation of hay bales to daylight
hours only.
This bill would also increase the highway speed limit from 35 to 45 miles per hour for any
agricultural spreader vehicle (any vehicle designed for off-highway use on a farm to spread
agricultural products on a field).
The penalty for failing to guard a fire by a watchman would be reduced from a Class 3
misdemeanor to an infraction and would carry a fine of not more than $50.
State law enforcement officers with powers of arrest who work for the Department of
Agriculture and Consumer Services would be added to the list of officials that would be entitled
to benefits under the State salary continuation plan, allowing for the officer's salary to be paid in
the event of an incapacitating injury. Introduced by Senators Brock and Jackson, and
assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 514, Clarify Laws on Exec. Orders and Appointments, is identical to House Bill
364 summarized above in this week’s Weekly Legislative Report. Introduced by Senator
Apodaca, and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 516, LEO Privacy Protection, would require cities and counties to remove
personal information from government records available on internet websites when requested by
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certain law enforcement personnel, prosecutors and judicial officers. Personal information that
would be removed upon request would include the official’s address and telephone number. The
removal of this information would be able to be requested by:
1. A federal, State, or local law enforcement officer;
2. A State criminal magistrate;
3. An assistant district attorney;
4. A prosecutor employed by the North Carolina Department of Justice;
5. A United States Attorney or Assistant United States Attorney; or
6. A federal judge.
The request to remove public information would not be a public record. Introduced by Senator
Tucker, and assigned to the Senate Committee on Rules and Operations of the Senate.
SENATE BILL 641, Concealed Handgun Permit Standardization Act, would make a number of
changes to North Carolina's concealed handgun permit program. Among these changes:
1. A concealed handgun permit would be able to be issued to a permanent resident alien.
Currently, a concealed handgun permit can only be issued to a citizen of the United
States;
2. Currently, the sheriff must evaluate a concealed handgun permit applicant to determine if
the applicant suffers from a "physical or mental infirmity that prevents the safe handling
of a handgun." This provision of the law would be deleted and the sheriff would instead
evaluate an applicant to determine if he/she suffers from a currently diagnosed and
ongoing mental disorder, which a reasonable person would expect to present a danger to
the applicant or others;
3. A concealed handgun permit would be denied for a felony conviction only if the felony
was a violent felony. A violent felony is defined as any felony not listed as a nonviolent
felony in G.S. 14-415.4(a)(2);
4. Currently, a concealed handgun permit is required to be denied if the applicant was
discharged from the armed forces "under conditions other than honorable." This bill
would alter the standard to only disqualify an applicant if he/she received a “dishonorable
discharge.” As a consequence, applicants who received a discharge "under other than
honorable conditions" or a "bad conduct discharge" would be eligible to receive a
concealed handgun permit;
5. An applicant for a concealed handgun permit would be eligible to receive a concealed
handgun permit even though he/she was adjudicated guilty of crimes such as
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communicating threats, carrying weapons at parades, throwing objects at sporting events,
and disorderly conduct by fighting, so long as the conviction occurred more than six
months prior to the date of the application. Also, convictions for violations of city and
county state of emergency ordinances would no longer be bars to receiving a concealed
handgun permit.
6. The sheriff would be prohibited from requesting employment information, character
affidavits, additional background checks, photographs, or other information about a
concealed handgun permit applicant, unless it is specifically authorized under the
concealed handgun permit statutes;
7. The sheriff would be required to issue or deny the permit within 90 calendar days from
the date the application was submitted, regardless of whether the required records
concerning the mental health of the applicant had been received; and
8. No person, company, mental health provider, or governmental entity would be able to
charge additional fees to the applicant for providing required mental health records.
Introduced by Senator Tarte.
SENATE BILL 648, NC Firearms Freedom Act, would exempt firearms, firearm accessories and
ammunition that is manufactured and retained in North Carolina from federal regulations under
the Commerce Clause of the Constitution of the United States. This bill would further provide
that public employees at the local, State and federal level (to include agents and officers from the
Federal Bureau of Investigation, Department of Homeland Security, Federal Bureau of Alcohol,
Tobacco, and Firearms, State Bureau of Investigation, State Highway Patrol and local law
enforcement agencies) would not be able to enforce federal laws or regulations governing
firearms and firearms accessories or ammunition manufactured and retained in North Carolina.
Officers and employees violating this prohibition would be guilty of a Class A1 misdemeanor.
Introduced by Senator Sanderson.
SENATE BILL 659, Sheriffs' Association Special Plate, would authorize the Division of Motor
Vehicles to issue a special registration plate for the North Carolina Sheriffs' Association. This
bill is supported by the North Carolina Sheriffs’ Association. Introduced by Senator
Newton.
BILL STATUS
HOUSE BILL 6, Autocycle Definition and Regulation, has passed the House and has been sent
to the Senate for their consideration.
HOUSE BILL 50, Amend Mand. Retire. Age/Judges & Magistrates, has passed the House, and
has been assigned to the Senate Committee on Rules and Operations of the Senate.
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HOUSE BILL 82, Execution/Nonsecure Custody Order/Child Abuse, has passed the House, and
has been assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 130, Davie County/Food for Detention Facilities, has passed the House, and has
been assigned to the Senate Committee on Rules and Operations of the Senate.
HOUSE BILL 148, Insurance Required for Mopeds, has passed the House Committee on
Transportation with amendments, and has been reassigned to the House Committee on Insurance.
This bill was amended to remove the language that provided that mopeds are subject to safety
inspection requirements.
HOUSE BILL 156, Legal Notices/Require Internet Publication, has passed the House Judiciary
III Committee with amendments, and is scheduled to be considered by the House on Monday,
March 30, 2015.
HOUSE BILL 173, Omnibus Criminal Law Bill, has passed the House and has been sent to the
Senate for their consideration.
HOUSE BILL 199, Raleigh/Donate Service Animals to Officers, has passed the House
Committee on Local Government, and is scheduled to be considered by the House on Monday,
March 30, 2015.
HOUSE BILL 211, Expand Use of Toxicology Funds, has passed the House and has been sent to
the Senate for their consideration.
HOUSE BILL 242, White Collar Investigation, has passed the House and has been sent to the
Senate for their consideration. This bill was amended to remove G.S. 14-230 (willfully failing to
discharge duties) from the list of violations for which an investigative grand jury can be
convened.
HOUSE BILL 244, Community Corr./Interstate Compact/Fund.-AB, has passed the House
Judiciary III Committee, and is scheduled to be considered by the House on Monday, March 30,
2015.
HOUSE BILL 281, Records to Medical Examiner, has passed the House and has been sent to the
Senate for their consideration. This bill was amended to clarify that records sent to the Chief
Medical Examiner after the death of an inmate that dies in the custody of the Division of Adult
Correction and Juvenile Justice (DAC) are used for the purpose of determining the cause and
manner of death. The bill was also amended to provide that the Chief Medical Examiner must
request a copy of the State Bureau of Investigation (SBI) report regarding any investigation of
the death of an inmate and that any records provided to the Chief Medical Examiner would not
be considered public records under Chapter 132 of the General Statutes if the records would not
be considered public records in the custody of DAC or the SBI.
HOUSE BILL 294, Prohibit Cell Phone/Delinquent Juvenile.-AB, has passed the House, and has
been assigned to the Senate Committee on Rules and Operations of the Senate.
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HOUSE BILL 295, Juvenile Media Release.-AB, has passed the House, and has been assigned to
the Senate Committee on Rules and Operations of the Senate. This bill was amended to remove
the proposed language which required the Division of Adult Correction and Juvenile Justice
(DAC) to first determine the level of threat posed to the community by an escaped juvenile, and
if deemed appropriate, then to release identifying information about the juvenile to the public.
The bill was also amended to require the release of a statement by DAC as to the juvenile's threat
to their self or to others only when deemed appropriate by DAC.
The Weekly Legislative Report is provided at no charge as a service to the sheriffs,
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