Weekly Legislative Report
April 10, 2015
It was unusual this week to be in the middle of the legislative session and for the General
Assembly not to be in session or to have any committee meetings held. Legislators, staff and
lobbyists got a break this week during the General Assembly's “spring break.”
Although the General Assembly was on break, numerous bills were filed for introduction
and those affecting law enforcement and criminal justice are summarized below. Many
committee meetings have already been announced for next week and others are likely to be
added to the schedule later today and Monday.
The activity level at the General Assembly is expected to increase greatly in the next few
weeks as the April 30th bill crossover deadline approaches. Only time will tell whether or not the
legislature will extend the crossover deadline into May to allow more legislation to be considered
prior to the deadline.
The General Assembly has not been in session this week for a "spring break" and will
reconvene next Monday evening.
BILLS OF INTEREST
HOUSE BILL 550, Clarify Dealer Plate Requirements, creates a new circumstance when a
dealer license plate can be displayed on a motor vehicle. The bill would allow a motor vehicle
dealer license plate to be displayed on a motor vehicle that is driven by a person who is an
employee of a dealer that employs no less than fifteen sales representatives who are required to
be licensed under Article 12 of Chapter 20 of the General Statutes (Motor Vehicle Dealers and
Manufacturers Licensing Law). Introduced by Representatives Tine, Watford and Waddell,
and assigned to the House Committee on Transportation.
HOUSE BILL 552, Graffiti Vandalism, would create the criminal offense of “graffiti
vandalism.” Graffiti vandalism would be defined as unlawfully writing or scribbling on,
marking, painting, defacing, or besmearing the walls of: 1) any real property, whether public or
private, including cemetery tombstones and monuments; 2) any public building or facility; or 3)
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. A person
who engages in graffiti vandalism would be guilty of a Class 1 misdemeanor and would be fined
a minimum of $500 and required to perform 24 hours of community service. If a person causes
damage in excess of $1,000 or has two or more prior convictions for graffiti vandalism, the
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 10, 2015
person would be guilty of a Class I felony. Introduced by Representatives McGrady, Glazier,
Brown and Bell, and assigned to the House Judiciary II Committee.
HOUSE BILL 554, Protect Public from Dangerous Wild Animals, would make it unlawful for
any person to: 1) possess, sell, transfer, or breed a dangerous wild animal; 2) allow any member
of the public to come into direct physical contact with a dangerous wild animal, regardless of the
animal’s age; or 3) knowingly release a dangerous wild animal into the wild. A dangerous wild
animal would include: 1) red and gray wolves; 2) all species of felids, excluding domestic cats
but including hybrids of lions, tigers, leopards, jaguars, cheetahs, and mountain lions; 3) all
species of hyena and aardwolf; 4) all species of bears; and 5) all species of primates, excluding
humans. The bill would provide exemptions for, among others, zoos and aquariums, research
facilities, wildlife sanctuaries, circuses, and law enforcement officers for the purposes of
enforcement.
The proposed legislation also provides that the prohibitions described above would not apply to
persons who lawfully possessed a dangerous animal prior to June 1, 2015, provided that the
person meets certain specified criteria including maintaining veterinary records, no convictions
for animal abuse or neglect, allowing a law enforcement officer to enter the premises where the
wild animal is kept at any reasonable time to ensure compliance, and payment of a registration
fee to the local animal control authority.
Each violation would constitute a Class 2 misdemeanor and impose a civil penalty of no more
than $5,000. Any act of omission in the care, control, or containment of a dangerous wild animal
by an owner or custodian that results in the animal running loose or causing property damage
would be a Class A1 misdemeanor. If the act or omission leads to a person suffering serious
bodily injury, the owner would be strictly liable and the offense would be punishable as a Class I
felony. Introduced by Representatives McGrady, Hurley, Hardister and Saine, and
assigned to the House Judiciary II Committee.
HOUSE BILL 555, Probation/Parole Officers Retirement, would expand the definition of “law
enforcement officer” for purposes of the Teachers’ and State Employees’ Retirement System to
include probation/parole officers with respect to any service rendered on or after July 1,
2015. Probation/Parole Officer would be defined as a full-time paid employee of the Division of
Adult Correction and Juvenile Justice (Division) of the Department of Public Safety whose
duties include supervising, evaluating, or otherwise instructing offenders who have been placed
on probation, parole, post-release supervision, or have been assigned to any other communitybased program operated by the Division. As written, the bill would provide the special separation
allowance, but not supplemental retirement benefits (401k) to qualified probation/parole
officers. Introduced by Representatives McNeill, Faircloth, Boles and Hurley, and assigned
to the House Committee on Pensions and Retirement.
HOUSE BILL 560, Assault Emergency Workers/Hospital Personnel, would make it a Class I
felony to assault hospital personnel who are discharging or attempting to discharge their official
duties. Currently, the law makes it a Class I felony to assault emergency department
personnel. Introduced by Representatives Dobson, Adcock and Stevens, and assigned to the
House Judiciary III Committee.
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April 10, 2015
HOUSE BILL 563, Strengthen Firearms Background Checks, would require that additional
information be reported to the National Instant Criminal Background Check System (NICS).
Currently, clerks of superior court are required to submit various mental health orders that would
prevent a person’s possession of firearms under federal law to the NICS system. Examples
would be orders involuntarily committing individuals to inpatient or outpatient mental health
treatment, substance abuse treatment, or findings that an individual is mentally incompetent to
proceed to criminal trial. This bill would expand this list by requiring the Administrative Office
of the Courts (AOC) to transmit any unserved felony warrants, indictments, criminal summons,
or orders for arrest to NICS. Additionally, the sheriff, not later than 48 hours after service of the
order, would be required to send domestic violence protection orders (DVPO’s) issued under
Chapter 50B of the General Statutes to NICS.
This bill would also require that applications for a concealed handgun permit and pistol purchase
permits be made available by a sheriff electronically, in addition to hard copy form.
Additionally, law enforcement agencies would be required to fingerprint individuals arrested for
the following misdemeanors:
1.
Domestic criminal trespass, offenses that involve domestic violence, or violations
of DVPO’s;
2.
Impaired driving, impaired driving in a commercial vehicle, operating a
commercial vehicle after consuming alcohol, and operating school vehicles,
childcare vehicles, EMS vehicles, firefighting vehicles, or law enforcement
vehicles after consuming alcohol; and
3.
Possession of controlled substances.
These fingerprints would be forwarded to the State Bureau of Investigation (SBI), for the
purpose of reporting these offenses to NICS.
Similarly, individuals charged with the misdemeanor crimes of assault, stalking, or
communicating a threat, where the crimes are domestic violence related, would have to be
fingerprinted by the arresting law enforcement agency for the purpose of reporting these crimes
to NICS. A copy of these fingerprints would also be required to be forwarded to the SBI.
The AOC would be required to use funds from the court technology fund to enable their
computer system to send court orders that would prohibit an individual from possessing firearms
under federal law to NICS. Additionally, the AOC would be required to provide historical
records to NICS by May 31, 2019. These records would include:
1.
Involuntary commitment orders for inpatient and outpatient mental health and
substance abuse treatment from all counties;
2.
Findings of not guilty by reason of insanity or mentally incompetent to stand trial
from all counties;
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April 10, 2015
3.
Findings that an individual lacks the capacity to manage the individual's own
affairs due to subnormal intelligence or mental illness from all counties;
4.
Convictions for misdemeanor possession of controlled substances pursuant to
G.S. 90-95(d) from all counties dating from January 1, 2009;
5.
Convictions for domestic criminal trespass, domestic violence related assaults and
DVPO violations from all counties;
6.
Convictions of all misdemeanors for driving while impaired offenses, and those
sentenced under aggravated level one punishment for more than two years for
driving while impaired; and
7.
Active and unserved felony warrants, indictments, criminal summons, and orders
for arrest from all counties.
Introduced by Representatives Schaffer, Faircloth, Burr and Cleveland, and assigned to
the House Judiciary I Committee.
HOUSE BILL 564, Exempt Motorcoach Manufacturer & Distributor, would allow
manufacturers and distributors of motorcoaches to own or operate a motor vehicle dealership in
North Carolina. Generally speaking, in order to prevent unfair competition, motor vehicle
manufacturers and distributors are prohibited from operating motor vehicle dealerships in the
State. A “motorcoach” would be defined as a commercial bus designed to transport passengers
for compensation with a gross vehicle weight of at least 26,000 pounds, which will seat 16 or
more people, and has no less than two rows of passenger seats located behind the driver.
Introduced by Representatives Faircloth, Hardister, Blust and Brockman, and assigned to
the House Committee on Commerce and Job Development.
HOUSE BILL 565, Threaten LEO or Correctional Officer, would make it a Class I felony for
any person to knowingly and willfully make a threat to inflict serious bodily injury upon or kill
any law enforcement or correctional officer or any other person as retaliation against any law
enforcement or correctional officer due to the exercise of that officer’s duties. Additionally, the
bill would make it a Class I felony for any person to knowingly and willfully deposit in the mail
any letter, writing, or other document containing a threat to commit such acts. Prosecutions of
these crimes would not require that the law enforcement or correctional officer actually receive
or believe the threat. Introduced by Representatives Faircloth, McNeill, Hurley and
Graham, and assigned to the House Judiciary II Committee.
HOUSE BILL 566, Amend Eyewitness ID/Show-Up, would make several changes to the
Eyewitness Identification Reform Act, to include:
1.
Would amend the definition of eyewitness to include a law enforcement officer
who is an eyewitness and whose identification by sight of another person may be
relevant in a criminal proceeding;
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2.
Would clarify that a photo lineup is different from a “show-up.” A show-up
would be defined as a procedure in which an eyewitness is presented with a single
live suspect for the purpose of determining whether the eyewitness is able to
identify the perpetrator of the crime. A show-up would only be conducted when a
suspect matching the description of the perpetrator is located in close proximity in
time and place to the crime, and only if there are exigent circumstances that
require the immediate display of a suspect to an eyewitness; and
3.
Would provide that prior to a lineup, and as soon as possible after a crime, law
enforcement must obtain a complete description of the perpetrator from the
eyewitness, in the eyewitness’s own words. The statement would include
information such as the conditions under which the eyewitness observed the
perpetrator including location, time, distance, obstructions, lighting, weather
conditions, and if the eyewitness wears glasses or contact lenses.
Introduced by Representatives Glazier, Reives, Baskerville and Michaux, and assigned to
the House Judiciary I Committee.
HOUSE BILL 570, Facilitate Successful Reentry, would direct the Division of Adult Correction
and Juvenile Justice to facilitate successful reentry of inmates into society and improve judicial
efficiency by: 1) establishing a policy that requires checking the electronic warrant repository
(NCAWARE), both at intake and release, for each inmate in order to identify all outstanding
warrants on the inmate; and 2) developing a plan, in consultation with district attorneys’ offices,
to resolve inmates’ outstanding warrants while the inmates are in custody, whenever
feasible. Introduced by Representatives Graham, Pierce, Baskerville and Glazier, and
assigned to the House Judiciary I Committee.
HOUSE BILL 574, Opossum Exclusion From Wildlife Laws, would apply statewide and would
provide that State wildlife laws do not apply to opossums between the dates of December 29th
and January 2nd. Introduced by Representatives West, Hager, McElraft and Lucas, and
assigned to the House Committee on Wildlife Resources.
HOUSE BILL 578, Families' Economic Security Act, would provide that no employer (including
State, county and city units of government) could pay wages to a person at rates less than those
paid to employees of the opposite sex in the same establishment doing the same quantity and
quality of work. Employers would be able to make variations of pay rates based on certain
classifications of work such as seniority, length of service, ability, skill, etc. The bill also
provides that an employee who believes he/she has been improperly paid would be able to file a
complaint with the North Carolina Department of Labor. Introduced by Representatives
Cunningham, Fisher, Meyer and Reives, and assigned to the House Committee on Finance.
HOUSE BILL 585, Use of Deadly Force/SBI Investigations, would expand the list of incidents
in which a district attorney would be required to request an investigation by the State Bureau of
Investigation (SBI). Currently, a district attorney is required, upon the request of a surviving
spouse or next of kin within 180 days of the death, to request the SBI conduct an investigation
into an incident where a private citizen is killed as a result of the use of a firearm by a law
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enforcement officer. This bill would also require the district attorney to request an investigation
(if asked to do so by a spouse or next of kin within 180 days) in cases where a private citizen
dies immediately following an incident involving the use of an electronic control device, a
chemical spray, or physical force by a law enforcement officer in the line of duty.
An executive summary of the SBI report prepared for the district attorney would be required to
be released to the deceased’s surviving spouse, next of kin, head of the law enforcement agency
of the affected officer, or to all three of these entities upon request. The executive summary
would also be allowed (but not required) to be released to any other person upon the request of
the deceased’s surviving spouse or next of kin. Introduced by Representatives Alexander,
Hanes and Horn, and assigned to the House Judiciary I Committee.
HOUSE BILL 588, Carolina Panthers Special Registration Plate, would authorize the Division of
Motor Vehicles to issue a special registration plate for the Carolina Panthers. Introduced by
Representatives Earle, Jeter, Cunningham and Bishop, and assigned to the House
Committee on Rules, Calendar, and Operations of the House.
HOUSE BILL 594, Clarify Sale of Antique & Specialty Vehicles, would expand the
requirements that have to be met before a licensed motor vehicle dealer would be able to obtain a
“temporary supplemental license” for the off-premises sale of antique motor vehicles and
specialty motor vehicles. The motor vehicle dealer would be required to have a surety bond in
the amount of $50,000, notify the Division of Motor Vehicles at least 60 days in advance of
when the temporary supplemental license would be needed, have a minimum of three
salespersons at the site of the off-premises sale and advertise the event as an “antique" or
“collector’s" vehicle sale. Introduced by Representatives Hurley and Boles, and assigned to
the House Committee on Commerce and Job Development.
HOUSE BILL 595, Military Experience/LEO Cert. Requirements, would require the North
Carolina Criminal Justice Education and Training Standards Commission (Commission) to
waive an applicant's completion of Basic Law Enforcement Training (BLET) and issue
probationary law enforcement officer certification to a current or former military police officer
when the Commission determines that the applicant's training and experience is substantially
equivalent to or exceeds the minimum expectations for employment as a law enforcement
officer. The Commission would also have to find that the applicant completed a military police
training program, was awarded a military police occupational specialty rating, and had
performed military police duties for any of the branches of service (active duty, reserve, or
National Guard) for not less than two of the five years preceding the date of the application.
Any person certified as a probationary law enforcement officer based on his/her military police
experience as set out above would have to successfully complete the employing agency’s inservice firearms training program prior to employment and successfully complete the legal unit
of instruction in BLET within his/her one year probationary period. The probationary officer
would also have to successfully pass the State comprehensive BLET examination in its entirety.
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This bill would also require the Commission to issue certification to a former or current military
police officer whose training and experience is not substantially equivalent to the minimum
expectations for employment as a law enforcement officer if the applicant has:
1.
Successfully completed a formal military basic training program and has been
awarded a military police occupational specialty rating;
2.
Engaged in the active practice of military police officer duties for not less than
two of the five years preceding the date of the application;
3.
Met the minimum standards for being a law enforcement officer (age,
background, etc.);
4.
Successfully completed the legal unit in BLET and any supplemental high
liability training (as determined by the Commission) not to exceed an additional
180 hours; and
Passed the State comprehensive BLET examination.
5.
Additionally, this bill would expand the membership of the Commission from 31 to 34 members
to include the Director of the State Bureau of Investigation, the Commander of the State
Highway Patrol, and a juvenile justice officer employed by the Section of Juvenile Justice.
Introduced by Representatives Whitmire, McNeill, Cleveland and Martin, and assigned to
the House Committee on Homeland Security, Military, and Veterans Affairs.
HOUSE BILL 599, Impounding Vehicles with Lapsed/No Insurance, would establish a process
that would require any vehicle being operated by a driver who has failed to maintain financial
responsibility on the vehicle to be seized and forfeited to the State. Introduced by
Representative Cleveland, and assigned to the House Committee on Insurance.
HOUSE BILL 605, Reduce Unfair Barriers to Public Employment, would prevent any public
employer (State, county, or city) from inquiring into or considering the criminal history record of
an applicant for public employment until the applicant has been selected for an interview by the
employer. This requirement would not apply to custody staff of the Division of Adult Correction
and Juvenile Justice of the Department of Public Safety or to public employers (such as law
enforcement agencies) who have a statutory duty to conduct a criminal history records check for
a position or otherwise take into consideration a potential employee’s criminal history during the
hiring process. Introduced by Representative Johnson.
HOUSE BILL 611, Enact Death With Dignity Act, would create a process whereby a resident of
North Carolina suffering from a terminal disease would be able to make a written request for
medication to a physician that will allow the person to end his/her life.
Any person who, without authorization of the patient, willfully alters or forges a request for
medication or conceals or destroys a rescission of that request with the intent or effect of causing
the patient's death would be guilty of a Class A felony. Any person who coerces or exerts undue
influence on a patient to request medication to end the patient's life or to destroy a rescission of
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the request would also be guilty of a Class A felony. Introduced by Representatives Harrison
and Fisher.
HOUSE BILL 612, "Ban the Box", would prevent a public agency (State, county, or city) from
inquiring about an applicant's criminal history until the agency has made a conditional offer of
employment to the applicant. This restriction would not apply to positions (such as law
enforcement) where the hiring entity is required by law to consider the criminal record of the
applicant.
This bill further provides that no person would be considered disqualified from public
employment (again with the exception of certain positions like law enforcement) because of a
prior conviction, unless it can be shown that the conviction is substantially related to the
qualifications and functions of the position. In making this determination, the hiring entity would
have to consider factors such as, the level and seriousness of the crime, when the crime occurred,
the circumstances surrounding the crime, and the connection between the applicant’s criminal
conduct and the duties of the job. Introduced by Representatives Pierce, Graham,
Willingham and Floyd.
HOUSE BILL 614, JPS Study/Crim Rules of Discovery, would require the Joint Legislative
Oversight Committee on Justice and Public Safety (Committee) to study the various rules of
discovery in felony criminal cases and recommend how they should be revised, if at all, to
protect victims and potential witnesses from intimidation and to ensure their safety prior to the
trial of a defendant. The Committee would consider whether State prosecutors should be
authorized to request sentencing courts to reduce or suspend the sentence for an inmate in a
county jail or State prison who provides substantial assistance to law enforcement regarding
criminal activity. Additionally, the Committee would consider whether law enforcement officers
or an agency should be required under the rules of criminal discovery to provide prosecutors
with the names of confidential criminal informants for inclusion on bills of
indictment. Introduced by Representative McNeill.
HOUSE BILL 615, Probation Violation Court Costs, would provide that probationers be
assessed court costs of $50, after they have been found in a probation hearing to have violated
the conditions of probation. The probation violation court costs would be remitted to the State
Treasurer for support of the General Courts of Justice. Introduced by Representative McNeill.
HOUSE BILL 618, Drivers License/Concealed Carry, would direct the Division of Motor
Vehicles, in consultation with the North Carolina Sheriffs’ Association and the Administrative
Office of the Courts, to develop a process whereby a concealed handgun permit endorsement
could be included on a person’s drivers license upon request of the driver. The driver would be
able to present the endorsed drivers license to a law enforcement officer upon request in order to
comply with the concealed handgun permit laws. Introduced by Representatives Hager and
Elmore.
HOUSE BILL 622, End Ovarian Cancer/License Plate, would authorize the Division of Motor
Vehicles to issue an “End Ovarian Cancer" special registration plate. Introduced by
Representative Insko.
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BILL STATUS
HOUSE BILL 184, Change DCR Process for Unclaimed Property.-AB, has passed the House
and has been sent to the Senate for their consideration.
HOUSE BILL 215, Procedure for Waiver of Jury Trial, has passed the House and has been sent
to the Senate for their consideration.
SENATE BILL 43, CDLs for Veterans Revisions, has passed the Senate and has been assigned
to the House Committee on Transportation.
SENATE BILL 90, Required Number of Operating Brake Lights, has passed the Senate and has
been assigned to the House Committee on Transportation. This bill is supported by the North
Carolina Sheriffs’ Association.
SENATE BILL 116, Handicapped Parking Windshield Placard, has passed the Senate and has
been assigned to the House Committee on Transportation.
SENATE BILL 154, Clarifying the Good Samaritan Law, has passed the Senate Judiciary II
Committee with amendments, and is scheduled to be considered by the Senate on Tuesday, April
14, 2015. This bill was amended to remove the language which would have given immunity
from civil liability to any prosecuting attorney who acted in good faith to prosecute an individual
who is later determined to be entitled to immunity under this law. The language which gives
immunity from civil liability to a law enforcement officer who acted in good faith to arrest or
charge an individual under this law remains in the bill. This bill is supported by the North
Carolina Sheriffs’ Association.
SENATE BILL 247, Raleigh/Donate Service Animals to Officers, has passed the Senate and has
been assigned to the House Committee on Rules, Calendar, and Operations of the House.
SENATE BILL 258, Party Exec. Comm./Fill Vacancy/Washington Cty, has passed the Senate
and has been assigned to the House Committee on Elections.
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