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Weekly Legislative Report
April 17, 2015
It appears that last week's first ever "spring break" for the General Assembly was a
resounding success. Everyone seems to feel that the break was needed and helpful for legislators,
legislative staff and lobbyists.
The break has certainly been over this week. Numerous committees have been meeting
and the agendas have been rather heavy. The activity this week was also increased by the bill
filing deadline in the House. Over 300 House bills were filed this week, out of a total of 941
House bills filed this year.
The House and Senate adjourned on Friday and will reconvene on Monday.
Editor’s Note: A number of firearms related House bills have recently been filed. The summaries
of these bills contained in this week’s Weekly Legislative Report use terms such as “weapons,”
“firearms” and “handguns” exactly as the terms appear in the bills. It should be noted that the use
of these terms may be technically inaccurate or misleading given the context of their use.
BILLS OF INTEREST
HOUSE BILL 613, Clarify Political Sign Ordinance Authority, would clarify that a municipality
has the authority to enforce State law concerning the placement of political signs on the State
highway system within the corporate limits of the city. Introduced by Representatives
Brawley and Floyd, and assigned to the House Committee on Local Government.
HOUSE BILL 616, Local Governmental Employees' Retire. COLA, would provide cost-ofliving increases ranging from 1% to 2.8% (depending on when the employee retired) for
members of the Local Governmental Employees’ Retirement System. Introduced by
Representative McNeill, and assigned to the House Committee on Pensions and
Retirement.
HOUSE BILL 625, Brewery Law Revisions, would allow the holder of a brewery permit to sell
malt beverages in closed containers (produced either inside or outside of North Carolina under a
contract with the brewery) at the brewery itself. The containers of these malt beverages would
have to have the brewery's name clearly displayed on each bottle. Additionally, these malt
beverages would be able to be sold at affiliated retail outlets of the brewery physically located
on, or adjacent to, the brewery.
Weekly Legislative Report
North Carolina Sheriffs’ Association
April 17, 2015
The holder of a brewery permit would also be able to sell unfortified wine at the brewery, so
long as the sale is in an area where the sale of unfortified wine is lawful.
Additionally, this bill would allow “alternating brewery proprietorships,” whereby the holder of
a brewery permit would be able to lease or otherwise make its facilities available to another
holder of a brewery permit. Introduced by Representative McGrady, and assigned to the
House Committee on Alcoholic Beverage Control.
HOUSE BILL 626, Amend Prop Damage Offenses, would increase the criminal penalty for the
willful and wanton injury to personal property or real property.
Any person who willfully injures the personal property of another would continue to be guilty of
a Class 2 misdemeanor if the damage is $200 or less. This bill would increase the punishment to
a Class 1 misdemeanor if the damage is between $200 and $10,000. Personal Property damage
valued at more than $10,000 and up to $100,000 would be punishable as a Class I felony. If the
damage is more than $100,000, the person would be guilty of a Class F felony.
The willful and wanton injury to real property would be punishable as a Class 2 misdemeanor if
the damage is valued at $200 or less. Real property damage valued at more than $200 and up to
$50,000 would be punishable as a Class 1 misdemeanor. Damage valued at more than $50,000
and up to $150,000 would be punishable as a Class I felony. Damage in the amount of more than
$150,000 would be punishable as a Class F felony. Introduced by Representative Reives, and
assigned to the House Judiciary II Committee.
HOUSE BILL 627, Fight Financial Transaction Card Fraud, would provide that any person who
owns or operates a scanning device for a financial transaction card or an automated banking
device (for example, an ATM) would have to ensure that the device would not be able to accept
any financial transaction card unless the person attempting to use the card inputs the five-digit
zip code of the cardholder’s billing address.
A violation of this requirement would be an infraction and would be punishable by a fine of up to
$500 per violation, not to exceed $500 in any calendar month, or $2000 in any calendar year.
Any person issued a citation for this violation would be able to avoid this penalty if the person
could prove to the court that he/she came into compliance with these requirements within 30
days after the issuance of the citation.
This bill would also increase the punishment for financial transaction card fraud from a Class 2
misdemeanor to a Class I felony. Theft or forgery of a financial transaction card would be
punishable as a Class G felony, instead of the current Class I felony. Introduced by
Representative McNeill, and assigned to the House Committee on Banking.
HOUSE BILL 640, Outdoor Heritage Act, would make numerous changes to the State’s wildlife
laws. Among these changes:
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1. A conviction for the misdemeanor criminal offense of trespass for purposes of
hunting, would result in a suspension of the defendant’s hunting privileges for a
period of two years;
2. Any landowner (or landowner’s family) or any other person with written
permission from the landowner, would be permitted to hunt with firearms on
Sunday on the land owner’s property with the following exceptions:
a. Hunting of migratory waterfowl on Sunday is prohibited;
b. Chasing deer with dogs, or permitting dogs to run deer on Sunday is
prohibited;
c. Hunting within 300 yards of a place of worship would be prohibited.
Any person who violates this allowance for hunting on Sunday would be guilty of
a Class 3 misdemeanor. The Wildlife Resources Commission (WRC) would
retain the authority to prohibit hunting on Sundays at certain times and in certain
locations.
3. The WRC would have the authority to restrict or prohibit the use of dogs and
hunting foxes during the breeding and raising seasons of April 1st through August
1st.
4. During the execution of a warrant (the bill does not specify search or arrest
warrant) based on information gathered during an undercover operation
conducted by the WRC, the WRC law enforcement officer would be required to
wear and activate a body-worn camera. The officer would have the duty to inspect
and test the camera prior to the execution of the warrant and would not be allowed
to deactivate the camera until the conclusion of the execution of the warrant. The
officer would also be required to make a note in any incident report that a
recording was made of the execution of the warrant.
Introduced by Representatives Dixon, Malone, Lucas and Presnell, and passed the House
Committee on Wildlife Resources.
HOUSE BILL 641, Amend Bail Bondsmen Statutes, would make a number of clarifying changes
to the bail bondsman statutes. Among these changes:
1. A surety, or the surety's agent, on a bail bond may request (and a judicial official
would be required to order) the arrest of a defendant before the forfeiture of the
bond;
2. Continuing education for a bail bondsman would have to be conducted by a
“approved provider." An approved provider would be any entity which has
offered such instruction for a period of three years or more to at least 500
students, or an entity qualified to provide prelicensing instruction for bondsmen
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and has been providing this instruction for a period of three years or more to at
least 200 students; and
3. For purposes of bail bonds, a bail bond signed by a surety would be considered
the same as United States currency.
Introduced by Representatives Reives and Saine, and assigned to the House Judiciary II
Committee.
HOUSE BILL 645, Study/No Emission Testing for Hybrid Vehicle, would require the Division
of Motor Vehicles to study the feasibility and advisability of exempting all non-plug-in hybrid
motor vehicles from emissions inspections or allow a waiver for non-plug-in hybrid motor
vehicles that fail an emissions inspection due to an error that does not impact air quality.
Introduced by Representatives Floyd, Graham, Graham and Johnson, and assigned to the
House Committee on Rules, Calendar, and Operations of the House.
HOUSE BILL 650, Expunction/Boating Violation, ia identical to Senate Bill 570 summarized in
the April 2, 2015 Weekly Legislative Report. Introduced by Representatives Hardister,
Brockman, Faircloth and Fisher, and assigned to the House Judiciary I Committee.
HOUSE BILL 659, Controlled Substances/Update Precursor List, would provide that it is
unlawful for a person to possess a pseudoephedrine product if the person has a prior conviction
for: 1) possession of methamphetamine; 2) possession with the intent to sell or deliver
methamphetamine; 3) sale or deliver methamphetamine; 4) trafficking in methamphetamine; 5)
possession of an immediate precursor chemical; or 6) manufacture of methamphetamine. The
prior conviction could be from any jurisdiction within the United States.
This bill would also expand the list of immediate precursor chemicals that are unlawful for a
person to possess with intent to manufacture or deliver methamphetamine. The proposed new
prohibited precursors would include:
1. Ammonium nitrate;
2. Ammonium sulfate;
3. Ether based starting fluids;
4. Sources of lithium metal;
5. Petroleum based organic solvents, such as camping fuels and lighter fluids;
6. Sodium hydroxide; and
7. Sources of sodium metal.
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Introduced by Representatives Horn and Jackson, and assigned to the House Judiciary III
Committee.
HOUSE BILL 663, Repeal Boating Fee Increases, would repeal the increases in fees for
certificate of numbers for boats and certificate of titles for boats enacted in the 2013
Appropriations Act. Additionally, this bill would provide that no fee would be required for a
period of one year for the renewal of certificates of numbers that have been previously issued to
commercial fishing vessels. Introduced by Representative Setzer, and assigned to the House
Committee on Finance.
HOUSE BILL 664, Safer Communities, would allow any person or entity that employs or
contracts with a company police agency to enter into joint agreements with the governing board
of any city to extend the law enforcement authority of company police officers into any or all of
the city's jurisdiction. This bill would also extend the same authority to counties, with the
additional requirement that any agreement would have to be consented to by the
sheriff. Introduced by Representatives Brawley, McNeill and Saine, and assigned to the
House Judiciary I Committee.
HOUSE BILL 669, Juvenile Law Changes/Abuse/Neglect/Dependency, would make various
changes to the juvenile laws as they relate to abuse, neglect, and dependency. Among these
changes:
1. Court orders for nonsecure custody of juveniles would be allowed to be entered
ex parte (without all parties to the action being present in court). The county
department of social services (DSS) would however be required to attempt to
make telephone contact with counsel for the juvenile if the department has
information in writing that a respondent juvenile is represented by counsel.
2. When a juvenile is placed in the nonsecure custody of a county department of
social services, the DSS director would be allowed to arrange for, provide, or
consent to routine medical and dental treatment and emergency medical or mental
health care of the juvenile. Before seeking nonemergency medical or mental
health treatment, or seeking prescriptions for psychotropic (mental health)
medications, the director would be required to obtain consent from the juvenile’s
parent, guardian, or custodian.
3. If a court enters an order in an abuse, neglect, or dependency hearing to place the
juvenile in the custody of a county DSS, the DSS would not have to make efforts
to reunite the juvenile with his/her parents if the court finds the parent subjected
the child to dangerous circumstances; the parental rights of the parent had been
terminated; or the parent subjected the juvenile to various violent crimes.
4. In any hearing to determine the appropriate option for an abused, neglected, or
dependent juvenile, the court would have the authority to:
a. Dismiss the case;
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b. Require the juvenile be supervised in the juvenile’s home by the DSS;
c. Place the juvenile in the custody of a parent, relative, private agency, or
some other suitable person;
d. Appoint a guardian for the juvenile; or
e. Place the juvenile in the custody of the DSS.
5. In determining if a juvenile should be placed in out-of-home care, a court would
have the authority to order the juvenile be examined by a physician, psychiatrist,
psychologist, or other expert to determine the needs of the juvenile. After this
examination, the court would be required to conduct a hearing to determine
whether the juvenile is in need of medical, surgical, psychiatric, psychological, or
other treatment, and who should pay the cost of the treatment. The county
manager, or other person designated by the Chairman of the board of county
commissioners, would be required to be notified of the hearing and allowed to be
heard. If the court finds the parent is unable to pay for the cost of treatment, the
court would be required to order the county to arrange for treatment of the
juvenile and to pay for the cost of the treatment.
6. At a permanent planning hearing to establish a future plan for a juvenile who is 14
years of age or older and in the custody of the county DSS, the court would also
be required to inquire and make findings about:
a. Services to assist the juvenile in making a transition to adulthood; and
b. Whether the juvenile has regular opportunities to engage in age or
developmentally appropriate activities.
7. At least 90 days before the juvenile's 18th birthday, the court would be required to
inquire whether the juvenile has a copy of the juvenile's birth certificate, Social
Security card, health insurance information, drivers license or other identification
card, or any educational or medical records. The court would also be required to
determine what person or entity is appropriate to assist the juvenile in obtaining
these documents before the juvenile's 18th birthday.
Introduced by Representative Stevens, and assigned to the House Judiciary III Committee.
HOUSE BILL 671, LRC Study/Sex Offenses & Registration Laws, would authorize the
Legislative Research Commission (Commission) to study North Carolina laws regarding sex
offenses, sex offender registration requirements and other restrictions placed on convicted sex
offenders. The Commission would be allowed to consider:
1. What the main purpose of the sex offender registry is and whether the registry
accomplishes that purpose;
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2. What crimes should be considered registerable sex offenses;
3. Whether the State’s sex offender laws are tailored to target those offenders who
have the highest risk factors for reoffending;
4. What improvements are necessary, if any, regarding notification of local law
enforcement officials by federal authorities when a sex offender is released from
federal custody;
5. How the prospect of registration as a sex offender may, or may not, affect plea
bargaining in criminal cases;
6. The direct consequences that result from a requirement to register as a sex
offender;
7. What restrictions on sex offenders are effective and make people safer;
8. Whether sheriffs have sufficient resources to keep sex offender registries up to
date and to enforce verification information on sex offenders; and
9. Statewide resources required and used for the enforcement of sex offender
registration requirements and the treatment of sex offenders.
Introduced by Representatives Insko, Glazier, McGrady and Pendleton, and assigned to
the House Committee on Rules, Calendar, and Operations of the House.
HOUSE BILL 676, Amend Compensation for Erroneous Conviction, would allow any person
convicted of a felony and imprisoned in a State prison who is found to be innocent of all charges,
and the charges are dismissed under a motion for appropriate relief, to present a claim against the
State for damages as a result of his/her erroneous conviction and imprisonment. A claim for
compensation under these circumstances would have to be presented within five years of the date
that the charges were dismissed. Currently, North Carolina law only allows a person to file a
claim for compensation for erroneous conviction if either the Governor issues a pardon of
innocence to the inmate or a three-judge panel determines the individual to be innocent of the
charges. Introduced by Representatives Glazier and Daughtry, and assigned to the House
Judiciary I Committee.
HOUSE BILL 678, Amend Innocence Commission Statutes, would make various amendments
to the laws regarding the Innocence Inquiry Commission (Commission). Among these
amendments:
1. The duties of the Commission would be expanded to require an annual report be
submitted to the Director of the Administrative Office of the Courts detailing
information on the operations, expenses and needs of the Commission;
2. If a formal inquiry is granted before the Commission, the Director of the
Commission would be required to use all due diligence to contact all codefendants
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associated with the case. Each codefendant would be given an opportunity to have
his/her case simultaneously investigated with the pending claim. If a codefendant
declines the opportunity to have his/her case investigated, the codefendant would
be barred from any future investigation by the Commission;
3. At least every six months, the Director of the Commission would be required to
provide a confidential case status update, which would include a summary of the
actions taken since the last update, to the district attorney, defense counsel and
referring counsel, if any, for each case; and
4. At least 24 hours prior to any Commission proceeding, the district attorney, or
his/her designee, would be authorized to provide the Commission with a written
statement conveying his/her position on the case.
Introduced by Representatives Glazier, Daughtry, Stam and Reives, and assigned to the
House Judiciary I Committee.
HOUSE BILL 682, Civil Fines and Forfeitures/Study, would establish the Joint Legislative
Study Commission on Civil Penalties, Fines, and Forfeitures (Commission). The purpose of the
Commission would be to study issues related to the payment of civil penalty money owed to
public schools. Pursuant to a superior court order in the civil case of North Carolina School
Boards’ Association v. Moore (No. 98-CVS-14158, August 8, 2008) $748 million in civil
penalties was ordered to be paid by the State to the public schools. The Commission would
consist of 14 members (seven members of the House of Representatives appointed by the
Speaker of the House and seven members of the Senate appointed by the President Pro Tempore
of the Senate) and would study how the State would pay this judgment, and over what period of
time payments would be made. Introduced by Representative Turner, and assigned to the
House Committee on Rules, Calendar, and Operations of the House.
HOUSE BILL 685, Cap Amount Owed for Unpaid Open Road Toll, would provide that if the
total amount owed for unpaid open road tolls does not exceed $5, the amount charged for nonpayment of the bill would not be able to exceed $50. Additionally, the bill would provide that the
Turnpike Authority would have 30 days (currently 90 days) to send a bill to a driver for traveling
on the toll road. Introduced by Representatives Luebke and Avila, and assigned to the
House Committee on Finance.
HOUSE BILL 686, Repeal Death Penalty, would repeal the death penalty in North Carolina.
Under this bill all current prisoners sentenced to death would be resentenced to life imprisonment
without the possibility of parole. Introduced by Representatives Meyer and Michaux, and
assigned to the House Judiciary I Committee.
HOUSE BILL 690, Special Registration Plate & Permanent Plate, would authorize the Division
of Motor Vehicles to produce a “Don't Tread on Me" special registration plate. Introduced by
Representatives Whitmire, Presnell and Speciale, and assigned to the House Committee on
Rules, Calendar, and Operations of the House.
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HOUSE BILL 691, Assault on National Guard Member, would provide that it is a Class I felony
for any person to assault a member of the North Carolina National Guard who is discharging or
attempting to discharge his/her official duties. Introduced by Representatives Whitmire,
Pendleton and Robinson, and assigned to the House Committee on Homeland Security,
Military, and Veterans Affairs.
HOUSE BILL 696, Debts to Judgment Debtors/Pay to Sheriff, would provide that after a civil
execution against property has been issued, all persons indebted to the judgment debtor who
make payments on that debt, would be required to make the payments to the sheriff, rather than
paying the money to the judgment debtor. Currently, the payment of this debt to the sheriff is
discretionary on the part of persons indebted to the judgment debtor. Introduced by
Representative Ford, and assigned to the House Judiciary II Committee.
HOUSE BILL 697, Study/State Highway Patrol Staffing, would require the Joint Legislative
Oversight Committee on Justice and Public Safety to study staffing levels in the State Highway
Patrol. The study would focus on the number of first sergeants per district and the number of
members and officers serving under each first sergeant. Introduced by Representative
Johnson, and assigned to the House Committee on Rules, Calendar, and Operations of the
House.
HOUSE BILL 699, Gun Rights and Privacy Act, would make a number of changes to North
Carolina's firearms laws. Among these changes:
1.
It would be unlawful for a State or local government official or employee to
knowingly and willfully order another State or local government official to
enforce any executive order, agency order, law, rule or regulation of the United
States government that would be unlawful as against the Constitution of North
Carolina preserving a person's right to possess firearms and ammunition. For a
first violation, the person would be civilly liable in an amount not to exceed
$1,000. For a second or subsequent violation, the person would be guilty of a
Class 2 misdemeanor.
2.
Would repeal current State laws regulating the carrying of concealed weapons,
carrying of weapons into assemblies and establishments where alcoholic
beverages are sold and consumed, carrying of weapons in courthouses and
carrying of weapons at parades or funerals.
3.
A new concealed weapons statute would be created and would provide that any
person who is a citizen of the United States and at least 21 years old would be
able to carry a concealed weapon in the State without a permit. An individual
would not have this authority to carry a concealed weapon if he/she meets certain
criteria (the same criteria currently set out in North Carolina law that would
prohibit an individual from receiving a concealed handgun permit). Any person
unlawfully carrying a concealed handgun would be guilty of a Class 2
misdemeanor for a first offense and a Class H felony for a second or subsequent
offense.
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It would be a Class 1 misdemeanor for a person to carry a concealed weapon into
an assembly where a fee has been charged for admission, if notice is given that
carrying a concealed weapon on the premises is prohibited. It would also be a
Class 1 misdemeanor for a person to carry a concealed weapon into an
establishment where alcoholic beverages are sold and consumed, if notice is given
that carrying a concealed handgun on the premises is prohibited. This prohibition
would not apply to the following:
a. The owner or lessee of the premises;
b. A person participating in the event who is carrying a firearm with the
permission of the owner, person, or organization sponsoring the event;
c. A person hired as a security guard by the owner, person, or organization
sponsoring the event; and
d. All of the categories of individuals allowed to carry concealed weapons
under G.S. 14-269(b), such as law enforcement officers, district attorneys,
North Carolina trial court judges and magistrates, and clerks of court.
5. A new statute would be created regulating the carrying of firearms in the State
Capital, Executive Mansion, and Western Residence of the Governor. This bill
would make it unlawful for any person to possess or carry, whether openly or
concealed, any deadly weapon in the State Capital Building, the Executive
Mansion, the Western Residence of the Governor, or on the grounds of any of
these buildings. This section would not apply to:
a. Military members in the discharge of their duties;
b. Civil and law enforcement officers of the United States;
c. Members of the militia and North Carolina National Guard when called
into actual service;
d. Officers of the State, city, or county, or company police agencies charged
with the execution of the laws of the State, when acting in the discharge of
their official duties;
e. Detention personnel and correctional officers employed by the State or a
unit of local government who park a vehicle in a space authorized for their
use, provided the weapon is stored in a closed compartment or container in
the vehicle;
f. Off duty sworn law enforcement officers; and
g. Off duty State probation or parole officers.
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6. A new statute regulating weapons in courthouses would also be enacted. This bill
would provide that it is unlawful for a person to possess or carry, whether openly
or concealed, any deadly weapon in any building housing the General Court of
Justice. Those individuals currently allowed to carry concealed firearms under
G.S. 14-269(b) would not be subject to this restriction.
7. A new statute would be enacted regulating weapons at parades and funerals. This
bill would make it unlawful for any person participating in, affiliated with, or
present as a spectator at any parade or funeral procession to carry a concealed
weapon when the person in control of the premises has posted a sign prohibiting
the carrying of concealed weapons. Possession of a rifle or shotgun carried on a
rack in a pickup truck at a holiday parade or in a funeral procession would not
violate this prohibition. Again, those individuals currently allowed to carry a
concealed firearm under G.S. 14-269(b) would not be subject to this restriction.
Additionally, a person could seek a permit to carry a dangerous weapon at a
parade or funeral procession from the sheriff or police chief of the locality where
the parade or funeral procession is to take place.
8. It would also be unlawful to carry a concealed weapon into any area of the
General Assembly prohibited by General Assembly rules, any area prohibited by
federal law, any law enforcement or correctional facility, or on private premises
where notice that carrying a concealed handgun is prohibited has been posted.
Those individuals authorized to carry concealed firearms under G.S. 14-269(b)
would be exempt from these prohibitions.
9. This bill would also expand our current statutes that prohibit weapons on
educational property to allow the following categories of people to carry weapons
on educational property:
a.
Members of the armed forces in the discharge of their duties to carry
firearms;
b.
Civil or law enforcement officers of the United States;
c.
Members of the militia National Guard who are called into service;
d.
Officers of the State, city, county or company police agencies charged
with the execution of the laws of the State;
e.
A qualified retired law enforcement officer;
f.
Detention personnel and correctional officers so long as the firearm is
secured in the vehicle; and
g.
Off duty sworn law enforcement officers and off duty State probation and
parole officers.
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10. The bill would also expand the list of individuals who could possess weapons of
mass death and destruction (such as explosives, suppressors, short barreled rifles
and short barreled shotguns). Those individuals currently allowed to carry
concealed weapons under G.S. 14-269(b) would be allowed to possess weapons
of mass death and destruction.
11. This bill would also modify the State’s concealed handgun permit statutes to
provide that:
While G.S. 14-415.35 makes it lawful to carry a concealed
weapon in this State without obtaining a concealed handgun
permit, it is often convenient to have a concealed handgun permit
for the purpose of reciprocity when traveling in another state, to
make the purchase of a firearm more efficient, or for various other
reasons. Therefore the State of North Carolina shall continue to
make a concealed handgun permit available to any person who
applies for and is eligible to receive a concealed handgun permit
pursuant to this article.
12. All company police officers would have the authority, if authorized by their
superior officer, to carry a concealed weapon statewide.
13. Campus police officers would have the authority to carry concealed weapons
statewide, if authorized by their campus police agency and by the sheriff of the
county where the campus police agency is located.
14. A healthcare provider would be prohibited from asking a patient, or the patient's
parent, guardian, or custodian, about the patient's lawful ownership or possession
of firearms and ammunition. A healthcare provider would be prohibited from
disclosing to any government official or agency information about a patient’s
possession of firearms and ammunition. A violation of this restriction would be
grounds for disciplinary action against a healthcare provider by his/her licensing
board or other regulatory authority.
Introduced by Representatives Pittman and Speciale, and assigned to the House Judiciary I
Committee.
HOUSE BILL 700, The I. Beverly Lake, Jr., Fair Trial Act, would provide that no defendant
could be convicted of any offense or receive any aggravated sentence based solely on the
testimony of an “in-custody informant" unless the testimony is corroborated by some other
evidence independently linking the defendant with the crime committed. An in-custody
informant would be any person, other than the codefendant, co-conspirator, or witness, whose
testimony is based on statements allegedly made by the defendant while both the defendant and
the informant were incarcerated together. In any case where the testimony of an in-custody
informant is to be used, the prosecution must give timely notice of its intent to use the testimony
prior to any trial or entry of a guilty plea.
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In any case where an in-custody informant's statement is to be used, there would exist a
presumption that the statement is inadmissible unless the prosecution can show that the
informant is sufficiently reliable. All interviews of in-custody informants would be required to be
recorded using a visual recording device that provides an authentic unaltered uninterrupted
record of the interview that clearly shows both the interviewer and the in-custody informant.
The court would look at several factors, such as the following, to determine if the statement of
the in-custody informant is sufficiently reliable to be introduced into evidence:
1. The source of the information that the informant is providing;
2. The specifics of the statement surrounding the circumstances of the crime;
3. The time and place of the disclosure to law enforcement or other officials;
4. Relevant medical, psychological or substance abuse histories of the informant;
5. The person's relationship or history with the defendant;
6. Prior recantations by the informant;
7. Whether the informant was intentionally placed by law enforcement or
prosecution in the confinement facility with the defendant; and
8. Any other evidence that may support or diminish the reliability of the witness.
Introduced by Representatives Daughtry, Zachary and Glazier, and assigned to the House
Judiciary I Committee.
HOUSE BILL 702, Preemption Affirmation Act, would expressly provide that any person
adversely affected by any ordinance or rule of a city or county that infringes on the person’s
ability to possess firearms and ammunition contrary to State law would be able to bring a civil
lawsuit against the city or county seeking damages and injunctive relief for the violation. The
court would be able to award a prevailing plaintiff in a civil lawsuit reasonable attorney’s fees
and court costs.
This bill would also extend the lifespan of the concealed handgun permit from 5 to 10 years.
Along with the extension of the lifespan of the concealed handgun permit, the corresponding fees
would also be increased as follows:
1. An application fee would be increased from $80 to $160;
2. A renewal fee would be increased from $75 to $150;
3. The county finance officer would send the North Carolina Department of Public
Safety $90 instead of $45 for new application fees and $80 instead of $40 for
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renewal fees. The Sheriff would receive $70 instead of $35 of these fees to cover
his/her cost in administering the concealed handgun program.
Introduced by Representative Speciale, and assigned to the House Judiciary I Committee.
HOUSE BILL 703, Cont. Task Force/Fraud Against Older Adults, would extend the lifespan of
the Task Force on Fraud Against Older Adults, established in 2011 and coordinated through the
Consumer Protection Division of the North Carolina Department of Justice. This bill would
extend the Task Force until June 30, 2017. Introduced by Representatives Blackwell, Hurley
and Earle, and assigned to the House Committee on Aging.
HOUSE BILL 707, Prohibit Powdered Alcohol, would provide that it would be unlawful for any
person to manufacture, sell, transport, import, deliver, furnish, purchase, consume, or possess
powdered alcohol, except for the purpose of conducting scientific or educational research.
“Powdered alcohol” would mean any powder or crystalline substance capable of being converted
into a liquid alcoholic beverage fit for human consumption. This term would include powdered
alcohol in block, tablet, or capsule form. Introduced by Representatives Cotham and Horn,
and assigned to the House Committee on Health.
HOUSE BILL 711, Prohibit Counterfeit/Nonfunctional Air Bags, would provide that it would be
unlawful for any person, firm, or corporation to knowingly import, manufacture, sell, offer for
sale, install, or reinstall any counterfeit airbag or nonfunctional airbag. A violation of this law
would be a Class H felony. Introduced by Representatives Faircloth, Blust and Hardister,
and assigned to the House Judiciary II Committee.
HOUSE BILL 712, Pilot Project/Used Needle Disposal, would require the State Bureau of
Investigation (SBI), in consultation with the North Carolina Harm Reduction Coalition, to
establish and implement a used needle and hypodermic syringe disposal pilot program. This
program would offer the free disposal of used needles and hypodermic syringes to reduce the
spread of HIV, AIDS, viral hepatitis and other blood-borne diseases. The SBI would be required
to select two counties to operate this pilot program. The SBI would be required to collaborate
with the local health departments and local law enforcement agencies of the two counties when
operating this program. Any person participating in this pilot program would not be able to be
charged with, or prosecuted for, possession of drug paraphernalia for any used needle or
hypodermic syringes disposed of, or for residual amounts of controlled substances in the needles.
Introduced by Representatives Faircloth, Horn, Avila and Harrison, and assigned to the
House Committee on Health.
HOUSE BILL 713, Body & Dash Cam Recording/Public Access, would provide that “records of
criminal investigations,” which are defined to not be public records under North Carolina's
public records law (G.S. 132-1.4), would include body-worn and in-car camera images. A law
enforcement agency would be allowed (but not required) to release recordings captured by a law
enforcement officer’s body-worn camera or in-car camera without the consent of the law
enforcement officer whose actions are captured on the recording. Introduced by
Representatives Faircloth, Daughtry, Boles and Hurley, and assigned to the House
Judiciary I Committee.
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HOUSE BILL 719, Fortified Flavored Malt Beverages Act, would provide that “fortified
flavored malt beverages" would only be allowed to be sold in Alcoholic Beverage Control
(ABC) Commission stores operated by local ABC boards. “Fortified flavored malt beverage”
would mean a malt beverage that:
1. Contains between 9% and 15% alcohol by volume;
2. Is treated by processing, filtration, or another method of manufacture that is not
generally recognized as a traditional process in the production of beer;
3. Contains an added flavor or other ingredient containing alcohol other than a hop
extract;
4. The manufacturer is required to file a formula for approval with the United
States Alcohol and Tobacco Trade and Tax Bureau; and
5. The manufacturer is not a craft brewery or microbrewery (a brewery that sells
fewer than 25,000 barrels of malt beverages produced by it per year).
Introduced by Representatives Luebke, Jordan and Jones, and assigned to the House
Committee on Alcoholic Beverage Control.
HOUSE BILL 720, Judicial Appointment/Retention Elections, would submit to the voters a
proposed Constitutional amendment to alter how judges of the superior court and the district
court are selected. Under this bill, vacancies in the offices of superior court judge and district
court judge would be filled by nomination of five candidates by the Judicial Nominating
Commission. The General Assembly would then select one of the nominees, or another qualified
person, to fill the vacancy. The Judicial Nominating Commission would be composed of 12
voting members representing various categories of persons authorized to practice law in North
Carolina.
If a judge of the superior court or a judge of the district court was appointed to that office, then
the next election for that office would be a “retention election" for that individual for a term of
eight years. Introduced by Representatives Bryan and Daughtry, and assigned to the House
Judiciary I Committee.
HOUSE BILL 722, Allison's Law/GPS Tracking Pilot Prog/Dom Vio, would require the North
Carolina Department of Public Safety, in consultation with local law enforcement agencies, the
courts, and any other appropriate local entities, to conduct a pilot program for the use of global
positioning system (GPS) tracking devices on domestic violence offenders. This pilot program
would be conducted in Forsyth County. The Department of Public Safety would be required to
report to the Joint Legislative Oversight Committee on Justice and Public Safety on the
effectiveness of the pilot program by April 1, 2018. The report would be required to include any
recommendations regarding the continuation, expansion, or elimination of the pilot program.
Introduced by Representatives Lambeth, Conrad, Hanes and Terry, and assigned to the
House Committee on Rules, Calendar, and Operations of the House.
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HOUSE BILL 725, Gun Safety Act, would make numerous changes to the State’s firearms laws.
Among these changes:
1. Would repeal the current State statutes regulating the authority of homeowners to
use force (including deadly force) to repel intruders, regulating the storage of
firearms and homes, and regulating concealed handgun reciprocity.
2. A new statute addressing a homeowner’s ability to use physical force against an
intruder would be created and would provide that a lawful occupant in a home
would be justified in using any degree of force (including deadly force) when the
occupant of the home reasonably believes it is necessary to prevent an intruder’s
forcible entry into the home, so long as the occupant reasonably believes the
intruder may kill or harm someone in the home or the occupant reasonably
believes the intruder intends to commit a felony in the home. The occupant of the
home would not have a duty to retreat.
3. A new statute addressing the safe storage of firearms in homes would be created.
This law would provide that any person who resides in the same premises as a
minor (anyone less than 18 years old) or as a person unauthorized to possess
firearms (for example, a felon) would have a duty to securely lock the firearm in a
safe or render it incapable of being fired by the use of a safety locking device.
Failure to do so would be a Class 1 misdemeanor.
4. Any firearms owner would have a duty to report the loss or theft of that firearm
within 48 hours of discovering the loss or theft of the weapon. The owner would
have to report the loss or theft to the local law enforcement agency having
jurisdiction over the location where the loss or theft took place or to the State
Bureau of Investigation (SBI). Failure to do so would be a Class 3 misdemeanor,
however a second or subsequent violation would be a Class I felony.
5. This bill would make it unlawful for any person who is not a federally licensed
firearms dealer to transfer a firearm unless the transfer was coordinated through a
federally licensed firearms dealer and the SBI. A firearm would be defined as a
pistol, revolver, or other weapon which has a barrel length of 12 inches or less.
a. A prospective firearms transferor, who was not a licensed firearms dealer,
would be required to arrange for a licensed firearms dealer to obtain a
background check of the prospective transferee. The licensed firearms
dealer would be required to give a copy of the background check to the
transferor and transferee. A licensed firearms dealer would be able to
charge a fee not to exceed $10 for this service;
b. A prospective firearms transferee would not be able to lawfully accept
possession of the firearm unless the transferor has first obtained the
approval of the transfer from the SBI after a background check has been
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requested by a licensed firearms dealer. The SBI approval would be valid
for 30 calendar days;
c. These provisions regulating the transfer of firearms would not apply to
antique firearms; gifts or loans of firearms between immediate family
members; transfer of firearms due to wills; temporary possession of
firearms at shooting ranges or while hunting; transfers of a firearm for
repair; or the transfer of a firearm from a military member who is about to
deploy outside of the United States; and
d. Any person who violates these provisions regulating the transfer of a
firearm would be guilty of a Class 1 misdemeanor. Additionally, the
person would be prohibited from possessing a firearm for two years.
6. The Secretary of the Department of Public Safety would be required to adopt
rules to establish a process for the SBI to carry out its duties as the State point of
contact for firearms sales. The SBI would be required to be open for business 12
hours per day every calendar day, except Christmas and Thanksgiving in order to
transmit requests for background checks to the National Instant Criminal
Background Check System.
7. It would be a Class 1 misdemeanor for any person to give false information for or
to request a criminal history record check under false pretenses in the attempted
acquisition of firearms.
8. The SBI would be required to impose a fee for performing an instant criminal
background check. The amount of the fee would not be able to exceed the total
amount of direct and indirect cost incurred by the SBI in performing the check.
9. All firearms dealers in North Carolina would be required to keep a record of each
pistol or revolver sold, rented, or exchanged at retail. That record would include
the name of the person to whom the firearm was sold or rented, the person's age,
occupation, residence, and a detailed description of the firearm. This record would
be open at all times to the inspection of any duly authorized “police officer.”
Failure to keep this record would be a Class 3 misdemeanor.
10. This bill would also require that any person in North Carolina who owns a firearm
to maintain a policy of liability insurance in an amount not less than $100,000,
which would specifically cover any damages resulting from any negligent or
willful acts involving the use of the firearm. Law enforcement officers authorized
to carry a firearm would be exempt from this requirement.
11. Additionally, it would be unlawful for a person to sell, transfer, or possess a
“large capacity magazine.” A first violation would be a Class 2 misdemeanor and
a second or subsequent violation would be a Class 1 misdemeanor. If a person
possesses a large capacity magazine during the commission of a felony, this act
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would be a Class I felony. A large capacity magazine would include all of the
following:
a. A fixed or detachable box magazine, feed strip, or other device that would
accept more than 15 rounds of ammunition;
b. A fixed or detachable magazine capable of accepting more than eight
shotgun shells; and
c. A detachable magazine, tube, box, feed strip, or similar device capable of
accepting more than eight shotgun shells when combined with a fixed
magazine.
This term would not include devices to hold .22 caliber rimfire ammunition or
tubular magazines contained in a lever-action firearm. Also, possession of large
capacity magazines would not apply to:
a. Branches of the armed forces;
b. State and local governments;
c. A firearms retailer for the purpose of firearms sales conducted outside the
State;
d. A foreign national government that has been approved for such transfers
by the United States government; or
e. An out-of-state transferee who may legally possess large capacity
magazine.
12. No later than December 1, 2015, every law enforcement agency in North Carolina
would be required to have a written policy regarding the investigation of officerinvolved deaths (the death of an individual that results directly from an action or
omission of a law enforcement officer). The policy would have to require at least
two investigators, neither of whom is employed by the law enforcement agency
that employs the officer involved in the officer-involved death. If the death
resulted from a traffic-related incident, the policy would have to require the use of
a crash reconstruction unit from a different law enforcement agency. The policy
would also require the law enforcement agency conducting the investigation to
inform the spouse or next of kin of the deceased that he/she may request the
district attorney request that the SBI investigate the incident.
Introduced by Representatives Luebke, Harrison, Insko and Moore, and assigned to the
House Judiciary I Committee.
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HOUSE BILL 730, County Provide 911 Dispatch Services, would provide that if a county
operates a 911 Public Safety Answering Point (PSAP) that is funded, in whole or in part, by
county taxes, the county would be required to provide 911 dispatch services without additional
charges to any city located within the county, if the governing body of the city adopts a
resolution requesting the dispatch services. Introduced by Representative Saine, and assigned
to the House Committee on Local Government.
HOUSE BILL 735, Reinstatement of Driving Privileges, would require the Division of Adult
Correction and Juvenile Justice of the Department of Public Safety to develop a process whereby
an inmate, whose driving privileges have been suspended or revoked for a conviction of driving
while impaired, could complete the requirements necessary for reinstatement of the inmate’s
driving privileges prior to the inmate’s release. Introduced by Representatives Graham and
Pierce, and assigned to the House Committee on Transportation.
HOUSE BILL 736, NC Am. Indian Hunting/Fishing Rights, would provide that any resident of
North Carolina who is a member of a recognized American Indian tribe would not be required to
have a hunting, trapping, or fishing license while engaging in these activities off tribal land in
North Carolina. A person taking advantage of this allowance would be required to possess, and
produce, proper verification showing the individual's membership in a State recognized tribe
upon request by a wildlife enforcement officer. The person would however be required to
comply with all reporting requirements for harvested wildlife, hunter education requirements and
requirements for federal migratory waterfowl stamps. Introduced by Representatives Graham
and Lucas, and assigned to the House Committee on Wildlife Resources.
HOUSE BILL 737, Reinstate NC Public Campaign Fund, would establish the North Carolina
Public Campaign Fund as an additional source of campaign financing for candidates for justice
of the Supreme Court and judge of the Court of Appeals. North Carolina taxpayers would be
given an option each year to give $3 through their income taxes to the fund. Introduced by
Representatives Martin and Glazier, and assigned to the House Committee on Elections.
HOUSE BILL 740, Allison's Law/GPS Tracking Pilot Prog/Dom Vio, is identical to House Bill
722 summarized in this week's Weekly Legislative Report. Introduced by Representatives
Lambeth, Conrad, Hanes and Terry, and assigned to the House Judiciary II Committee.
HOUSE BILL 749, Voters' Right to Know, would provide that any written complaint alleging
that, prior to or during any term of elected office, an elected official of any county, city, or local
Board of Education harassed, sexually harassed, physically assaulted, threatened to physically
assault, or committed any other unlawful act against an employee, would be public record. The
name of the employee making the allegation would not be public record and would be
confidential. Introduced by Representative Cotham, and assigned to the House Committee
on Rules, Calendar, and Operations of the House.
HOUSE BILL 751, No Breed-Specific Dog Laws, would provide that no city or county would be
able to adopt any ordinance regulating, restricting, or prohibiting the possession of dogs based on
the breed of the dog or upon presumptions about the behavior inherent to a particular breed of
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dog. Introduced by Representative Wray, and assigned to the House Committee on Local
Government.
HOUSE BILL 753, Prohibit Counterfeit/Nonfunctional Air Bags, is identical to House Bill 711
summarized in this week's Weekly Legislative Report. Introduced by Representative Blust,
and assigned to the House Judiciary II Committee.
HOUSE BILL 759, Retirement System COLAs, would provide cost-of-living increases ranging
from .1% to 2.8% (depending on when the employee retired) to members of the Teachers’ and
State Employees’ Retirement System, the Local Governmental Employees’ Retirement System,
the Legislative Retirement System, and the Consolidated Judicial Retirement System.
Introduced by Representative Bell, and assigned to the House Committee on Pensions and
Retirement.
HOUSE BILL 760, Regulatory Reform Act of 2015, would, among other regulatory changes,
provide that it is unlawful to refuse to allow inspectors, protectors, or other law enforcement
officers to inspect weapons, equipment, fish, or wildlife if the officer reasonably believes any of
those items are possessed incident to an activity regulated by law (for example, hunting and
fishing activities) and the officer has a reasonable suspicion that a violation has been committed.
A law enforcement officer would be required to have subject matter and territorial jurisdiction
over the suspected violation. However, an inspector, protector, or other law enforcement officer
would not have the authority to inspect weapons, equipment, fish, or wildlife in the absence of a
person in apparent control of the item.
The Wildlife Resources Commission (WRC) would also be required to report to the Joint
Legislative Oversight Committee on Justice and Public Safety by March 1, 2017, and annually
thereafter, on the number of complaints received against WRC law enforcement officers, the
subject matter of complaints and geographic areas where the complaints were filed. Introduced
by Representatives Millis, Bell and Riddell, and assigned to the House Committee on
Environment.
HOUSE BILL 766, Amend CBD Oil Statute, would alter current North Carolina law which
allows the use of hemp extract oil to treat patients with unmanageable epilepsy. This bill would
remove the current requirement that the neurologist using the hemp extract oil to treat
unmanageable epilepsy be part of a pilot study affiliated with a university hospital. Introduced
by Representatives McElraft, Avila and Carney, and assigned to the House Committee on
Rules, Calendar, and Operations of the House.
HOUSE BILL 770, Sheriffs' Association Special Plate, is identical to Senate Bill 659
summarized in the March 27, 2015 Weekly Legislative Report. This bill is supported by the
North Carolina Sheriffs’ Association. Introduced by Representatives Shepard, Faircloth
and McNeill, and assigned to the House Committee on Rules, Calendar, and Operations of
the House.
HOUSE BILL 774, Restoring Proper Justice Act, would provide that certain individuals could
substitute for physicians and be present at the scene of an execution. This bill would provide that
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either a physician or a “medical professional other than a physician” could be present at the
scene of an execution to monitor the injection of the required lethal substances and certify the
fact of the execution. If a licensed physician is not present at the execution, then a licensed
physician would be required to be present on the premises and available to examine the body
after the execution and pronounce the person dead. A medical professional other than a physician
would mean a physician’s assistant, an advanced degree nurse, a registered nurse, or an
emergency medical technician. Introduced by Representative Daughtry, and assigned to the
House Judiciary I Committee.
HOUSE BILL 782, Study/Autonomous Vehicles, would require the Division of Motor Vehicles
to study how to implement autonomous vehicle technology on the roads of North Carolina.
“Autonomous vehicle technology” would mean technology that is installed on a motor vehicle
and that has the capability to drive the motor vehicle without the active control or monitoring of
a human operator. Introduced by Representative Hall, and assigned to the House Committee
on Rules, Calendar, and Operations of the House.
HOUSE BILL 792, Privacy/Protection From Revenge Postings, would provide that it would be a
Class H felony for a person to knowingly disclose an image of another identifiable person whose
intimate parts are exposed or who is engaged in a sexual act, when the person knows or should
have known that the depicted person had not consented to the disclosure. This crime would not
apply to images involving voluntary exposure in a public or commercial setting or to disclosures
made in the public interest, such as reporting unlawful conduct or legal proceedings.
Additionally, this bill would allow any person whose image was wrongfully disclosed to have a
civil cause of action against the person who disclosed the image. The actual damages would be
computed at the rate of $1,000 per day for each day of the violation or $10,000, whichever is
higher. The person whose image was disclosed would also be entitled to punitive damages and
reasonable attorney’s fees. Introduced by Representatives Bryan, Bishop and Faircloth, and
assigned to the House Judiciary IV Committee.
HOUSE BILL 793, Privacy/Up Secret Peeping Punishment, would expand the prohibition on
secretly peeping into a room occupied by another person by making it a Class I felony to:
1. Use a device to create a photographic image of another person while secretly
peeping into that person’s room for the purpose of harming, intimidating,
extorting, threatening, or defrauding another person; or
2. Secretly use or install in a room any device to create a photographic image of
another person without that person's consent for the purpose of harming,
intimidating, extorting, threatening, or defrauding another person.
Introduced by Representatives Bryan and Faircloth, and assigned to the House Judiciary
IV Committee.
HOUSE BILL 794, Protection from Online Impersonation, would make it a Class H felony for
any person to knowingly, and without consent, engage in a creditable impersonation of another
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person through or on an Internet website or by other electronic means for the purpose of
harming, intimidating, threatening, or defrauding another person. This crime would be
punishable by a fine not to exceed $1,000 or by imprisonment, or both. The victim of this
impersonation would also be able to maintain a civil action against the person who did the act.
This prohibition would not apply to:
1. A law enforcement officer discharging his/her duties; or
2. A person licensed under the Private Protective Services Board or the Alarm
Systems Licensing Board while engaged in the discharge of his/her duties.
Introduced by Representatives Bryan, Bishop, Faircloth and Martin, and assigned to the
House Judiciary IV Committee.
HOUSE BILL 797, Alarm Registration Info Not Public Record, would provide that registration
and sensitive security information received or compiled by a city pursuant to an “alarm
registration ordinance” would not be a public record. The term alarm registration ordinance
would mean an ordinance adopted by a city that requires owners of security, burglar, fire, or
similar alarm systems to register with the city. Introduced by Representatives Martin,
Farmer-Butterfield, Stam and Jones, and assigned to the House Judiciary II Committee.
HOUSE BILL 798, Concealed Handgun Permit/Other Weapons, would provide that a person
who has a valid concealed handgun permit (North Carolina-issued or out-of-state issued) would
be able to carry a Taser, mace, or a knife (provided the knife is not a spring-loaded projectile
knife or a ballistic knife) concealed pursuant to the concealed handgun permit. Introduced by
Representatives Cleveland, Whitmire and Faircloth, and assigned to the House Judiciary I
Committee.
HOUSE BILL 801, Same Firearm Protections for 50C as 50B Order, would provide that a court
would have the authority when issuing civil no-contact orders under Chapter 50C of the General
Statutes to be able to prohibit a respondent from purchasing a firearm for a time fixed in the
order. Additionally, this bill would require a court, when it issues a no-contact order, to order the
respondent to surrender to the sheriff all firearms, machine guns, ammunition, permits to
purchase firearms, and permits to carry concealed firearms that are in the custody or control of
the respondent if the court finds the respondent is a threat to the plaintiff. The weapons and
ammunition would be retrieved, stored, and disposed of in the same manner that is currently used
for firearms and ammunition surrendered under domestic violence protective orders. Introduced
by Representatives Meyer, Jackson and Stevens, and assigned to the House Judiciary III
Committee.
HOUSE BILL 802, Ignition Interlock/Expand Scope, would expand the scope of persons subject
to an ignition interlock device requirement. This bill would subject an individual to the use of an
ignition interlock device requirement if the person applies for restoration of a drivers license and
the license was revoked as a result of a conviction for driving while impaired and the person had
an alcohol concentration of .13 or more. Currently, the alcohol concentration level is .15 or more.
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Introduced by Representatives Jackson, Jordan and Faircloth, and assigned to the House
Judiciary II Committee.
HOUSE BILL 804, Kelsey Smith Act, would require a wireless service provider, upon request of
a law enforcement agency or Public Safety Answering Point (PSAP), to provide call location
information concerning a telecommunications device to the requesting law enforcement agency
or PSAP. A law enforcement agency or PSAP would be able to request this information only in
an emergency situation that involves an immediate risk of death or serious physical harm.
The State Bureau of Investigation would be required to maintain a database containing
emergency contact information for all wireless telecommunication’s carriers registered to do
business in North Carolina and to make this information readily available to all law enforcement
agencies and PSAPs in the State.
Additionally, this bill would allow a law enforcement officer to use a pen register or trap and
trace device without a court order if the law enforcement officer determines:
1. An emergency situation exists that involves immediate danger of death or serious
bodily harm to a person before an order authorizing the use of a pen register or
trap and trace device could be obtained; and
2. There are grounds upon which an order could be entered to authorize the use of
such device.
A law enforcement officer would be required to seek an order approving of the installation or use
of the device within 48 hours after the installation has occurred. If an authorizing order is not
issued, the use of the pen register or trap and trace device would have to immediately stop when
the information sought is obtained, when the application for the order is denied, or when 48
hours has lapsed since the installation of the device, whichever occurs first. Introduced by
Representatives Hurley, Glazier, Schaffer and Lambeth, and assigned to the House
Judiciary IV Committee.
HOUSE BILL 811, Law Enforcement Body-Worn Camera/Study, would require the North
Carolina Criminal Justice Education and Training Standards Commission and the North Carolina
Sheriffs’ Education and Training Standards Commission (in consultation with numerous
organizations such as The School of Government at The University of North Carolina at Chapel
Hill and the North Carolina Conference of District Attorneys) to jointly study the
implementation and use of body-worn cameras by local and State law enforcement officers. This
study would consider the feasibility of equipping all law enforcement officers in the State with
body-worn cameras, the type of training necessary to use a body-worn camera, best practices and
procedures for recording law enforcement encounters, best practices and procedures for retaining
information gathered by a body-worn camera, and the appropriate level of public access to this
information. Introduced by Representatives Floyd, Faircloth, Brockman and McNeill, and
assigned to the House Committee on Rules, Calendar, and Operations of the House.
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HOUSE BILL 815, Sexual Assault/Sexual Consent, would require the State Board of
Community Colleges, in order to continue to receive State funds for student financial assistance,
to adopt a policy concerning sexual assault, domestic violence, dating violence, or stalking
involving a student.
The policy would have to include the following elements regarding the evaluation of complaints
of sexual assault:
1. An “affirmative consent” standard would have to be applied in the determination
of whether consent was given by all parties to the sexual activity. Affirmative
consent would mean an affirmative, conscious and voluntary agreement to enter
into sexual activity;
2. It would not be a valid excuse if the act occurred from the intoxication or
recklessness of the accused, or the accused did not take reasonable steps to
ascertain whether the complainant affirmatively consented; and
3. It would not be a valid excuse that the accused believed the complainant
consented to the sexual activity if the complainant was asleep or otherwise
incapacitated due to drugs or alcohol.
Similar standards would be imposed on the Board of Governors of The University of North
Carolina in order to continue to receive State funds for student financial assistance. The
governing board of any nonprofit post-secondary institution of higher education would have to
adopt similar policies to continue to receive student financial assistance funds. Introduced by
Representatives Meyer, Turner, Saine and Hardister, and assigned to the House
Committee on Education - Universities.
HOUSE BILL 816, Labor/Provide Relief for Caregivers, would require employers to give,
within a 12-month period, four hours of unpaid leave for short-term caregiving responsibilities
for immediate family members. The purpose of the leave would be to accompany an employee's
immediate family member to routine medical appointments, to care for an immediate family
member due to illness or injury, or to respond to a medical emergency involving the immediate
family member. The leave would have to be at a time mutually agreed upon by the employer and
employee. The employer would be able to request the employee give at least 48-hours’ notice
before the expected leave. Immediate family member would mean an employee’s spouse, parent,
child, brother, sister, grandparent, or grandchild. It would also include step, half, and in-law
relationships. Introduced by Representatives Turner and Meyer, and assigned to the House
Committee on Commerce and Job Development.
HOUSE BILL 818, Enact ELECT Act/Caregiver Relief, would provide that an employee would
be able to use personal sick leave for absences due to an illness, injury, or a medical appointment
of the employee's immediate family member. An immediate family member would include a
spouse, parent, child, brother, sister, grandparent, or grandchild. The term would also include
step, half, and in-law relationships. An employer would be able to limit the use of personal sick
leave for these purposes to an amount not less than the personal sick leave that would be accrued
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during six months at the employee’s then current rate of entitlement. Introduced by
Representatives Turner and Meyer, and assigned to the House Committee on Commerce
and Job Development.
HOUSE BILL 824, Concealed Handgun Permit/Admin. Law Judge, would provide that a North
Carolina administrative law judge with a valid concealed handgun permit would be exempt from
the prohibitions on carrying concealed weapons just as law enforcement officers are. Introduced
by Representative McNeill, and assigned to the House Judiciary I Committee.
HOUSE BILL 825, School-to-Prison Pipeline/Study, would create the Legislative Task Force on
the Prevention of a School to Prison Pipeline in North Carolina (Task Force). The Task Force
would be required to study the relationship between school discipline, dropout rates and
involvement of students in the juvenile justice system that may result in a school to prison
pipeline. Among other issues, the Task Force would study the role of school resource officers
and law enforcement agencies in disciplinary referrals that could lead to the entry of students
into the juvenile justice system and examine school disciplinary practices that remove students
from the mainstream classroom. The Task Force would consist of 15 members as follows:
1. 6 members appointed by the President Pro Tempore of the Senate:
a. Two members of the Senate;
b. A school counselor;
c. A representative from a juvenile court;
d. The superintendent of the local school administrative unit; and
e. A school principal.
2. 6 members appointed by the Speaker of the House of Representatives:
a. 2 members of the House of Representatives;
b. A representative of an organization representing law enforcement;
c. A school resource officer;
d. A public school teacher; and
e. A representative of an organization serving at risk youth.
3. The Executive Director of the Center for Safer Schools of the Department of
Public Safety; the Chairperson of the State Board of Education; and the
Superintendent of Public Instruction, or their designees.
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Introduced by Representatives Pierce, Graham and Boles, and assigned to the House
Committee on Rules, Calendar, and Operations of the House.
HOUSE BILL 826, Study Repeal of Second Primaries, would require the Joint Legislative
Elections Oversight Committee to study the current laws related to second primaries and
recommend any legislation it deems advisable concerning the continued need for second
primaries. Introduced by Representatives Floyd, Graham and Jordan, and assigned to the
House Committee on Rules, Calendar, and Operations of the House.
HOUSE BILL 827, Alcohol Consumption & Overcrowding/Clubs, would clarify State law and
provide that the consumption of alcoholic beverages would be prohibited during certain hours
(between 2:00 A.M. and 7:00 A.M.) in any licensed alcohol establishments used primarily for
commercial purposes. Additionally, the Alcoholic Beverage Control Commission would be
required to immediately suspend any alcoholic beverage permits issued to an establishment for a
period of 30 days upon notice from law enforcement that a permittee has received two or more
citations within a 12-month period for exceeding the posted occupancy limits of the
premises. Introduced by Representatives Faircloth, Blust, Brockman and Johnson, and
assigned to the House Committee on Alcoholic Beverage Control.
HOUSE BILL 829, Automatic License Plate Readers, would allow an “automatic license plate
reader system” to be used:
1. By a city, county, or State law enforcement agency for the comparison of captured
plate data with data held by the Division of Motor Vehicles, the State Criminal
Justice Information Network, the National Crime Information Center, the FBI's
Kidnappings And Missing Persons list, and the North Carolina Center for Missing
Persons. The comparison would have to be made for the purpose of identifying
outstanding parking or traffic violations, a violation of vehicle registration
requirements, a stolen license plate, a vehicle registered to a person who has an
outstanding warrant for arrest for a felony, or for a vehicle associated with a
missing person;
2. For the purpose of enforcing parking laws and ordinances;
3. For the purpose of controlling access to secured areas; and
4. For the purpose of electronic toll collection.
An automatic license plate reader system would be a system of one or more mobile fixed
automated high-speed cameras used in combination with computer algorithms to convert images
of license plates into computer-readable data.
License plate data gathered through an automatic license plate reader system could be used:
1. For the issuance of a State or federal search warrant; and
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2. For a law enforcement officer to request a court order compelling disclosure of
captured plate data. The court would issue the order if the court found the data
was relevant and material to an ongoing criminal or missing person’s
investigation.
Unless the data is used for one of the above purposes, it would not be able to be preserved for
more than 60 days. Any person who willfully and knowingly violated any of the above
restrictions would be guilty of a Class 1 misdemeanor. Introduced by Representatives Turner,
Speciale, Hardister and Glazier, and assigned to the House Committee on Transportation.
HOUSE BILL 831, Remove Raffle Value Restrictions, would remove the maximum value limits
(currently $125,000 for cash, $125,000 for merchandise, and $500,000 for real property) for
prizes raffled by nonprofit organizations. Introduced by Representative Queen, and assigned
to the House Committee on Regulatory Reform.
HOUSE BILL 834, NC/SC Original Border Confirmation, is identical to Senate Bill 575
summarized in the April 2, 2015 Weekly Legislative Report. Introduced by Representative
Davis, and assigned to the House Committee on Rules, Calendar, and Operations of the
House.
HOUSE BILL 838, Increase Dropout Age to 18, would, over the 2017-2018 school year and the
2018-2019 school year, raise the high school dropout age from 16 years of age to 18 years of
age. Introduced by Representatives Graham, Lambeth and Graham, and assigned to the
House Committee on Education - K-12.
HOUSE BILL 847, Amend Laws Re: Medical Treatment for Minors, would provide that no
person or institution would be able to file a report of abuse or neglect against a parent or legal
guardian based solely on the parent or guardian’s decision to follow treatment recommended by
a licensed health care provider or provider of mental health services.
No person, corporation, association, organization, State-supported institution, or individual
employed by these entities, would be able to perform any of the following acts on a minor (a
person under the age of 18) without the notarized written consent of the minor’s parent or legal
guardian:
1. Solicit or perform a surgical procedure on a minor;
2. Perform a physical examination of a minor; and
3. Prescribe any drug for the treatment of a minor.
This requirement would not apply if a doctor treats a minor in a medical emergency, the minor is
in need of treatment for substance abuse, or the treatment is necessary to save the life of the
minor and attempts to contact the parent or guardian have been unsuccessful. Any person who
violates these requirements would be guilty of an unclassified misdemeanor, punishable by a fine
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of not more than $1,000, or imprisonment for not more than one year, or both. Introduced by
Representative Jordan, and assigned to the House Committee on Health.
HOUSE BILL 849, Create Debtor Exemption for Firearms, would allow a debtor to claim an
interest in any lawfully possessed firearms (not to exceed a total of $5,000 in value) to be free
from the enforcement of claims of creditors. This exemption would apply to a total of no more
than two handguns and four rifles or shotguns. Introduced by Representatives Salmon,
Turner and Hardister, and assigned to the House Judiciary II Committee.
HOUSE BILL 850, Eastern Band of Cherokees/Law Enforcement, would grant authority to the
Eastern Band of Cherokee Indians to establish the Cherokee Police Department, the Cherokee
Marshals Service, the Tribal Alcohol Law Enforcement Division of the Eastern Band of
Cherokee Indians, and the Natural Resources Enforcement Agency of the Eastern Band of
Cherokee Indians. All law enforcement officers employed by any of these agencies would be
required to meet all of the certification requirements and standards set out by the North Carolina
Criminal Justice Education and Training Standards Commission.
The courts of North Carolina would have the jurisdiction to enjoin any of these agencies that fail
to meet the required standards of the Commission. The jurisdiction of these officers would be on
all property owned by or leased to the Eastern Band of Cherokee Indians located within the trust
lands of the Eastern Band of Cherokee Indians and during the immediate and continuous flight of
offenders from these lands. The marshals of the Cherokee Marshals Service would be given
access to all probation and parole records of the North Carolina Department of Public Safety to
the same extent as a probation or parole officer of the Department of Public Safety. Introduced
by Representatives West, Hager and Presnell, and assigned to the House Judiciary I
Committee.
HOUSE BILL 853, Consumer Fireworks Safety, would allow the possession and use of
“consumer fireworks” in North Carolina by any person holding a fireworks license. Consumer
fireworks would be any small fireworks device designed to produce visible effects by
combustion or deflagration that is categorized as a 1.4G firework device under standard 87.1 of
the American Pyrotechnics Association and that complies with the construction, chemical
composition, and labeling regulations of the United States Consumer Product Safety
Commission, as set forth in Volume 16, Parts 1500 and 1507 of the Code of Federal Regulations.
A fireworks license would be issued to any person over the age of 18 who pays $25 and who has
completed the fireworks safety course as administered through the office of the State Fire
Marshal.
The possession and use of consumer fireworks by the holder of the license would be subject to
the following conditions:
1. The fireworks can only be used between 8:00 A.M. and 10:00 P.M., except on
July 4th, fireworks could be used until 12:00 AM; and
2. On December 31st and the following January 1st, fireworks could be used from
8:00 A.M. on December 31st until 12:30 A.M. on January 1st.
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Consumer fireworks could not be used:
1. In or on the premises of a public or private primary or secondary school;
2. On the campus of a college or university, unless the person has received written
authorization from the college or university; or
3. Within 300 feet of a hospital, veterinary hospital, licensed day care center,
fireworks retailer, fireworks distributor, gas station, or bulk storage facility for
petroleum products or other explosive or flammable substances.
No person would be able to sell consumer fireworks in North Carolina unless the person holds a
retail permit issued through the office of the State Fire Marshal.
A violation of these standards would be a Class 2 misdemeanor, except that the violation would
be a Class 1 misdemeanor if the fireworks exhibition occurs indoors. Introduced by
Representatives Brockman and Hardister, and assigned to the House Committee on
Regulatory Reform.
HOUSE BILL 856, Expunctions/Boating Violations, is identical to Senate Bill 570 summarized
in the April 2, 2015 Weekly Legislative Report. Introduced by Representatives Fisher,
Hardister, Harrison and Turner, and assigned to the House Judiciary I Committee.
HOUSE BILL 862, State Emps./No Payroll Dues Deductions, would eliminate the option for
public employee payroll deductions to go towards dues for employee associations. Introduced
by Representative Lewis, and assigned to the House Committee on Rules, Calendar, and
Operations of the House.
HOUSE BILL 863, Allow Employee to Solicit Donations/State PAC, would allow employees of
local divisions of statewide organizations to solicit donations on behalf of the statewide political
action committee (PAC). Introduced by Representative Brawley, and assigned to the House
Committee on Regulatory Reform.
HOUSE BILL 865, LRC Study/Sexual Battery Registration, would allow the Legislative
Research Commission (Commission) to study the current law that requires a person convicted of
sexual battery to register as a sex offender. The Commission would consider any restrictions or
prohibitions that apply to a person convicted of sexual battery as a result of any registration
requirement, consequences resulting from the registration requirement, and the culpability and
harm caused by other sex offenses that require registration and how those compare to the crime
of sexual battery. Introduced by Representatives Harrison, Pendleton, Fisher and Luebke,
and assigned to the House Committee on Rules, Calendar, and Operations of the House.
HOUSE BILL 867, No One-Yr Separation Req/Domestic Violence, would eliminate the
requirement of a one-year period of separation in order for a victim of domestic violence to seek
a divorce from the person committing the acts of domestic violence. In order to seek a divorce,
the victim would have to show evidence of the domestic violence, such as law enforcement,
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court, or agency records or files. Introduced by Representatives Cunningham and Jeter, and
assigned to the House Judiciary III Committee.
HOUSE BILL 871, Private Parking/Immobilization Device, would make it unlawful for any
person, other than the owner or lessee of a privately owned or leased parking space, to park any
vehicle in the private parking space without the express permission of the owner or lessee of the
space, if the private parking lot is clearly designated by a sign designating the lot was private. A
vehicle illegally parked in a privately owned parking space would be able to be immobilized
(attaching a device to the wheel of the vehicle for the purpose of preventing the vehicle from
being moved) in the space upon the written request of the parking space owner or lessee. The
registered owner of the vehicle would be liable for removal of the immobilization device. It
would be unlawful for anybody other than the immobilization company that attached the device
to remove or tamper with the device attached to the vehicle.
A violation would be an infraction punishable by a fine of not more than $100. Tampering or
removing the immobilization device that causes damage to the device would be a Class 1
misdemeanor. Introduced by Representative Jordan, and assigned to the House Committee
on Regulatory Reform.
HOUSE BILL 873, Hospital Police Officers/Powers, would create the category of “hospital
police officers” and make this category of officers distinct from campus, railroad, or special
police officers. A hospital police officer would be company police officers employed by, or
contracted with, a local hospital or hospital authority. Hospital police officers would have
jurisdiction on the real property owned by or in the possession and control of their employer, and
also have the powers of a law enforcement officer on that portion of the public road or highway
passing through or immediately adjoining the property of the hospital.
Additionally, this bill would allow the chief executive officer of any local hospital that has
hospital police officers to enter into joint agreements with the governing board of any
municipality to extend the law enforcement authority of hospital police officers into any or all of
the municipality’s jurisdiction. Similarly, the chief executive officer of a hospital would have the
authority to enter into joint agreements with the governing board of the county, with the consent
of the sheriff, to extend the law enforcement authority of hospital police officers into any or all
of the county’s jurisdiction. Introduced by Representative Jordan, and assigned to the House
Judiciary II Committee.
HOUSE BILL 876, Cell Phone Location Tracking, would make it unlawful for a person, or
investigative or law enforcement officer, to be able to obtain cellular telephone location
information without first obtaining a search warrant. An investigative or law enforcement officer
would not have to obtain a search warrant for cellular telephone location information only if:
1. The user of the service has consented;
2. The request is in response to a missing persons report;
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3. The request is in response to a report by a parent or legal guardian of a minor and
that minor is missing;
4. The request is in active pursuit of a fleeing fugitive; or
5. The request is in response to the user's call for emergency services or a
notification that a user may be at risk for suicide.
Any person who willfully and knowingly violated these requirements would be guilty of a Class
1 misdemeanor. An investigative or law enforcement officer as used in this bill would mean any
law enforcement officer of the State, city, or county empowered to make arrests and any attorney
authorized by the laws of the State to prosecute offenses under G.S. 15A-290 (such as crimes
against minors, continuing criminal enterprises, offenses involving the manufacture or
possession of weapons of mass death and destruction), including the Attorney General of North
Carolina. Introduced by Representatives Jordan, Glazier, Jeter and Brockman, and
assigned to the House Judiciary II Committee.
HOUSE BILL 877, Ignition Interlock Req'd/All DWIs, would require all persons convicted of
driving after consuming alcohol who are less than 21 years of age, persons convicted of driving
while impaired with an alcohol concentration of .08 or more, or persons who refuse to submit to
a chemical analysis, to have an ignition interlock system installed on every vehicle that person
may drive before that person would be able to get a limited driving privilege.
The cost incurred for the installation of an ignition interlock system would be paid by the person
ordered to install the system. The person would also be required to pay an ignition interlock
administrative fee of no less than $30 and no more than $60. This administrative fee would be
collected at the time of the installation by the vendor installing the ignition interlock system. The
vendor, in turn, would remit these fees to the Division of Motor Vehicles. Introduced by
Representatives Jordan, Faircloth and Jackson, and assigned to the House Judiciary II
Committee.
HOUSE BILL 879, Juvenile Code Reform, would make numerous changes to the juvenile code
in North Carolina. Among these changes:
1. The requirements to have a juvenile’s parent, guardian, custodian, or attorney
present during an in-custody interrogation would be changed to apply to any
juvenile less than 16 years of age. Currently, these requirements only apply to
juveniles less than 14 years of age.
2. In making a preliminary inquiry into a juvenile complaint, if the juvenile court
counselor finds that no complaint has previously been filed against the juvenile,
the counselor would be required to make reasonable efforts to meet with the
juvenile and the juvenile’s parent, guardian, or custodian if the offense is
divertible.
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3. When issuing an order disposing of a juvenile case, the court would be required to
include information at the time of the order about the expungement of juvenile
records.
4. Any person adjudicated delinquent for a minor offense (Class 1, 2, or 3
misdemeanor or contempt by juvenile) who is 16 years of age would be able to
file a petition for an expunction of all juvenile records. In order to receive the
expunction, the person must not have been subsequently adjudicated delinquent or
convicted as an adult of any felony or misdemeanor.
Introduced by Representatives Jordan, Glazier, McGrady and Avila, and assigned to the
House Judiciary II Committee.
HOUSE BILL 880, Detain Respondents for First Examinations, would authorize commissioned
company police officers employed by a hospital to use appropriate and reasonable force to keep
a person subject to an involuntary commitment order at the facility where the person is being
detained, or to return the person to the facility if the company police officer is in continuous and
immediate pursuit of the person leaving the facility. This authority would only exist if the law
enforcement officer who delivered the person to the facility left the facility after finding, in
collaboration with the facility, that the person was safe to be temporarily detained by the
facility. Introduced by Representatives Jordan, Elmore, Faircloth and Floyd, and assigned
to the House Judiciary II Committee.
HOUSE BILL 881, Landlord/Tenant-Alias & Pluries Summary Eject, would allow a plaintiff in
any small claims action who is demanding both summary ejectment and monetary damages (and
where service of process was achieved solely by first-class mail and affixing the summons and
complaint to the premises) to request that the claim for summary judgment be separated from the
claim for monetary damages. If the magistrate finds that personal service was not achieved on
one or more of the defendants, the magistrate would be required to sever the claim for monetary
damages and proceed solely with the claim for summary ejectment.
If a proper person (for example, a deputy sheriff) returns a summons or other process for a
summary ejectment proceeding unexecuted, the plaintiff would be able to have the process
served by anyone who is not less than 21 years of age, who was not a party to the action, and
who is not related by blood or marriage to a party to the action or to a person upon whom
services are to be made.
Service of the summary ejectment summons in counties with 100,000 or more residents could be
accomplished either by any person over the age of 21 who is not a party to the action and who is
hired by the plaintiff for the purpose of serving the summons, or by the Sheriff of the county
where the subject premises is situated. Introduced by Representatives Jordan, Bryan,
Bradford and Earle, and assigned to the House Judiciary II Committee.
HOUSE BILL 883, LRC/Study Uniform Law on Adult Guardianship, would require the
Legislative Research Commission to examine the Uniform Adult Guardianship and Protective
Proceedings Jurisdiction Act of 2007, and the guardianship laws of the General Statutes, and
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make recommendations about whether North Carolina's guardianship laws should be amended.
Introduced by Representatives Farmer-Butterfield, Meyer, Hurley and Turner, and
assigned to the House Committee on Rules, Calendar, and Operations of the House.
HOUSE BILL 886, Second Amendment Preservation Act, would declare any federal law,
including any executive order, that would infringe on a citizen’s right to keep and bear arms
would be invalid in North Carolina. An invalid federal law would be any of the following:
1. A law that imposes a tax, fee, or stamp on a firearm or firearm accessory or
ammunition that is not common to all other goods and services;
2. A law that requires registration or tracking of a firearm, firearm accessory or
ammunition;
3. A law that prohibits the possession, ownership, use, or transfer of a firearm,
firearm accessory or ammunition; or
4. A law that orders the confiscation of a firearm, firearm accessory or ammunition
from a law-abiding citizen.
No government agency or employee in North Carolina would be able to enforce such a federal
law. A citizen, whose firearms rights are violated under this law, would be able to bring a civil
lawsuit against that agency or individual and seek compensatory damages for losses and
reasonable attorney’s fees. Introduced by Representatives Setzer and Adams, and assigned
to the House Judiciary I Committee.
HOUSE BILL 887, Amend Criminal Contempt, would increase the penalty for a second or
subsequent act of criminal contempt by subjecting the person to censure, imprisonment up to 90
days, fine not to exceed $1,000, or any combination of the three. Introduced by Representative
Setzer, and assigned to the House Judiciary II Committee.
HOUSE BILL 891, Handgun Permit Standardization, would change several aspects of North
Carolina's concealed handgun permit statutes. Among these changes:
1. Either a citizen or a permanent resident alien would be able to apply for a
concealed handgun permit;
2. Would remove the current requirement that a sheriff confirm that an applicant for
a concealed handgun permit does not suffer from a physical or mental infirmity
that prevents to safe handling of a handgun. The law would be reworded to state
that the sheriff would deny the permit only if the person suffers from a “currently
diagnosed and ongoing mental disorder as defined by the most recent edition of
the Diagnostic and Statistical Manual of mental disorders (DSM) which a
reasonable person would expect to present a danger to the applicant or others.
Previous treatments for transient disorders shall not be disqualifying;”
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3. A concealed handgun permit would only be able to be denied for a felony
conviction if the felony conviction was for a violent felony. A violent felony is
defined as any felony not listed as a nonviolent felony as set forth in G.S. 14415.4(a)(2);
4. The sheriff would not be able to request employment information, character
affidavits, additional background checks, photographs, or other information about
an applicant unless specifically allowed by the concealed handgun statutes;
5. The sheriff would be required to issue or deny a concealed handgun permit within
90 calendar days from the date on which the application was submitted regardless
of the receipt of required records concerning the mental health for capacity of the
applicant. Currently, the sheriff has 45 days after all documentation is submitted
in which to decide on the issuance or denial of a permit;
6. This bill would also provide that no person, company, mental health provider, or
governmental entity could charge additional fees to the applicant for providing
required records concerning the mental health or capacity of the applicant.
Introduced by Representatives Adams, Cleveland, Szoka and Pendleton, and assigned to
the House Judiciary I Committee.
HOUSE BILL 894, Game Nights/Nonprofit Fund-Raiser, would allow nonprofit organizations
that have been in existence in the county of operation for at least five years to conduct a “game
night.” A game night would be a specific event at which games of chance are played and prizes
are awarded and that is sponsored by, or on behalf of, a nonprofit organization for the primary
purpose of raising funds for the organization.
Before conducting a game night, the nonprofit organization would have to receive a permit from
the Alcohol Law Enforcement Branch of the State Bureau of Investigation of the Department of
Public Safety.
The permit would limit the hours of operation and number of game nights that a nonprofit
organization could conduct. No games at a game night event would be able to be played for cash
or cash prizes. Prizes would have to be awarded only through a raffle. Participants would be
allowed to exchange chips, markers, or tokens from the game night event for raffle tickets.
Only the following games would be able to be played at a game night event:
1. Roulette;
2. Blackjack;
3. Poker;
4. Craps;
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5. Keno; and
6. Merchandise Wheel of Fortune.
This allowance would only be applicable in areas of the State located East of I-26. Any nonprofit
organization that conducts a game night in violation of this law would be guilty of a Class 2
misdemeanor. Introduced by Representatives Boles, Floyd, Lucas and Saine, and assigned
to the House Committee on Regulatory Reform.
HOUSE BILL 895, ABC Stores/Lottery Ticket Vending Machine, would allow local Alcoholic
Beverage Control (ABC) Boards to contract with the North Carolina State Lottery Commission
to sell draw games and instant scratch-off games through the use of self-service lottery ticket
vending machines in its ABC stores. Introduced by Representatives Bell and Dollar, and
assigned to the House Committee on Alcoholic Beverage Control.
HOUSE BILL 896, Forcible Entry Into Car/Child Trapped Inside, would provide immunity from
civil liability for any damages resulting from the forcible entry into a motor vehicle for the
purpose of removing a minor from the vehicle if the person does all the following:
1. Determines the vehicle is locked or there is otherwise no reasonable method for
the minor to get out of the vehicle;
2. Has a good-faith belief that forcible entry into the vehicle is necessary to protect
the minor from harm;
3. Has contacted either the local law enforcement agency, the fire department, or the
911 operator prior to forcibly entering the vehicle;
4. Places a note on the vehicle's windshield with the person's contact information,
the reason the entry was made, the location of the minor, and state that authorities
have been notified;
5. Remains with the minor in a safe location until emergency responders arrive; and
6. Uses no more force than necessary to enter the vehicle and remove the child.
Introduced by Representatives Hanes, Tine, McNeill and Reives, and assigned to the House
Judiciary I Committee.
SENATE BILL 545, Workforce Enrichment/Veterans, would require occupational licensing
boards (for example, the North Carolina Criminal Justice Education and Training Standards
Commission and the North Carolina Sheriffs’ Education and Training Standards Commission),
to issue a license or certification to a military trained applicant to allow the applicant to practice
the applicant's occupation in North Carolina. To do so, the applicant would have to submit
documentation showing the applicant's military occupational specialty certification and
experience in the field (for example, a Department of Defense form 214, DD-214) and the
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applicant would have to pass a proficiency examination offered by the board. If the applicant
fails to pass the proficiency examination, then the board could require additional requirements be
met by the applicant. Introduced by Senators Rabin, Sanderson and Jackson, and passed the
Senate Committee on Workforce and Economic Development, and reassigned to the Senate
Judiciary I Committee.
BILL STATUS
HOUSE BILL 4, Clarify Unmanned Aircraft System Law, has passed the House Committee on
Local Government with amendments, and has been reassigned to the House Judiciary IV
Committee. This bill was amended to delete the requirement that the test developed by the
Division of Aviation of the Department of Transportation for the operation of an unmanned
aircraft system (UAS) include a skills portion. The test would be limited to a knowledge test
only and would require that the operator of a UAS be knowledgeable of state statutes and
regulations related to the operation of a UAS. The amended bill also provides that prior to the
implementation of the knowledge test and permitting process, any person authorized by the
Federal Aviation Administration for commercial operation of a UAS will not be in violation of
the proposed State law if they apply for a State permit for commercial operation within 60 days
of the implementation of the permitting process.
HOUSE BILL 8, Restore Partisan Statewide Judicial Elections, has passed the House Committee
on Elections, and has passed a second vote in the House.
HOUSE BILL 192, Compliance Court Costs, has passed the House Judiciary II Committee with
amendments, and has been reassigned to the House Committee on Finance.
HOUSE BILL 235, Godwin/Repeal Spirituous Liquors Ban, has passed the House and has been
sent to the Senate for their consideration.
HOUSE BILL 241, Destroy Firearm/Crime of Assault or Murder, was considered by the House
on Thursday, April 16, 2015, but failed to pass a second reading.
HOUSE BILL 253, Justice Reinvestment Act Changes.-AB, has passed the House and has been
sent to the Senate for their consideration. This bill was amended to provide that, as a regular
condition of probation, a defendant would wave all rights related to extradition proceedings if the
defendant is taken into custody outside of this State for failing to comply with the conditions
imposed by the court upon a felony conviction.
HOUSE BILL 287, Amend Insurance Laws.-AB, has passed the House Committee on Insurance
with amendments, and has been reassigned to the House Committee on Appropriations.
HOUSE BILL 290, Prohibit Powdered Alcohol, has passed the House Committee on Alcoholic
Beverage Control with amendments, and has been reassigned to the House Committee on Health.
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HOUSE BILL 311, ABC Store Election/Town of Leland, has passed the House and has been
sent to the Senate for their consideration. This bill was amended to include the repeal of Session
Law 1991-372, as amended, which prohibited locating new ABC stores in Brunswick County
within seven miles of municipalities with existing ABC stores.
HOUSE BILL 318, Protect North Carolina Workers Act, has passed the House Committee on
Commerce and Job Development with amendments, and has been reassigned to the House
Judiciary IV Committee.
HOUSE BILL 328, Highway Safety/Citizens Protection Act, has passed the House Judiciary I
Committee with amendments, and has been reassigned to the House Committee on Finance.
HOUSE BILL 355, Enhance Protection for Group Home Residents, has passed the House
Committee on Health with amendments, and has been reassigned to the House Judiciary II
Committee.
HOUSE BILL 357, Toxicology Reports/District Court, has passed the House and has been sent
to the Senate for their consideration. This bill was amended to provide that if the defendant
wants the analyst who performed the toxicology analysis present to testify and the analyst is
employed out of state, the defendant would have to give the State written notice within five days
of being notified by the District Attorney that the report would be offered as evidence, upon
which the State would be required to produce the analyst witness. The amended bill also
provides that the State retains the burden of proof beyond a reasonable doubt and that an analyst
may be declared a hostile witness for direct examination purposes if the analyst testifies pursuant
to a subpoena issued by a defendant.
HOUSE BILL 374, IDS Efficiency Act, has passed the House Judiciary II Committee with
amendments. This bill was amended to allow authorized third parties at separate locations to
utilize kiosks in local confinement facilities to consult with attorneys representing indigent
defendants and their clients. The previous version of the bill only allowed for use of the kiosks
by attorneys representing indigent defendants to consult with their clients. The amended bill also
provides that during the first two years of operation, attorneys assigned to represent indigent
clients will not pay direct costs of using the kiosks.
HOUSE BILL 434, Handicap Placard/Med. Recertification, has passed the House and has been
sent to the Senate for their consideration.
HOUSE BILL 529, NC Drivers License Restoration Act, has passed the House Judiciary IV
Committee with amendments and has been scheduled for a vote in the House on Monday, April
20, 2015.
HOUSE BILL 550, Clarify Dealer Plate Requirements, has passed the House Committee on
Transportation with amendments. This bill was amended to remove the language which would
have allowed a motor vehicle dealer license plate to be displayed on a motor vehicle driven by a
person who is an employee of a dealer that employs no less than fifteen licensed sales
representatives, and to provide that specified employees of an independent motor vehicle dealer
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and their immediate family can use motor vehicle dealer license plates. Currently, the law only
allows the use of these plates for franchised motor vehicle dealers and their immediate family.
HOUSE BILL 552, Graffiti Vandalism, has passed the House and has been sent to the Senate for
their consideration. This bill was amended to remove the language that would make it a Class I
felony if a person caused damage in excess of $1,000 and to provide that the aggravated offense
of graffiti vandalism would be a Class H felony instead of a Class I felony. The amended bill
also provides that a person who has committed five or more graffiti vandalism offenses within a
60 day period would be guilty of a Class H felony.
HOUSE BILL 574, Opossum Exclusion From Wildlife Laws, has passed the House and has been
sent to the Senate for their consideration.
SENATE BILL 154, Clarifying the Good Samaritan Law, has passed the Senate, has been
assigned to the House Judiciary II Committee.
SENATE BILL 183, Eliminate CRVs for Misdemeanants, has passed the Senate, has been
assigned to the House Judiciary II Committee.
SENATE BILL 233, Automatic Expunction/Mistaken Identity, has passed the Senate, has been
assigned to the House Judiciary II Committee.
SENATE BILL 238, Stalking by GPS/Criminal Offense, has passed the Senate and has been sent
to the House for their consideration. This bill was amended to remove the language which would
have granted private investigators an exemption to the criminal offense of knowingly installing,
or causing to be installed, an electronic tracking device without consent to track the location of
an individual. The bill also removed the language granting an exemption to a parent or guardian
tracking a minor and replaced it with language that provides an exemption to the owner of, or
person leasing, any vehicle on which the owner or lessor installs, places, or uses an electronic
tracking device, unless the owner or lessor is subject to (i) a domestic violence protective order
under Chapter 50B of the General Statutes, or (ii) any court order that orders the owner or lessor
not to assault, threaten, harass, follow, or contact a driver or occupant of the vehicle.
SENATE BILL 269, Landlord/Tenant-Alias & Pluries Summary Eject, has passed the Senate,
has been assigned to the House Judiciary III Committee.
SENATE BILL 343, Student Assault on Teacher/Felony Offense, has passed the Senate
Committee on Education/Higher Education with amendments. This bill was amended to exempt
certain students with disabilities from being subject to punishment under this proposed
legislation.
SENATE BILL 675, Limit Parole Review Frequency, has passed the Senate, has been assigned
to the House Committee on Rules, Calendar, and Operations of the House.
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Weekly Legislative Report
North Carolina Sheriffs’ Association
April 17, 2015
The Weekly Legislative Report is provided at no charge as a service to the sheriffs,
criminal justice community and citizens of North Carolina.
North Carolina Sheriffs’ Association, Inc.
Proudly Serving the Sheriffs and Citizens of North Carolina Since 1922
www.ncsheriffs.org
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