weekly legislative report march 27, 2015 · 2018-05-25 · house bill 319, cdls for veterans...

Weekly Legislative Report March 27, 2015

Thursday was the deadline for bills to be filed in the Senate and it was a busy day with

195 new bills introduced that day alone, for a total of 711 bills introduced in the Senate this year.

There have been 387 bills introduced so far in the House and the final deadline for introduction

of bills in the House is April 15th

.

On Wednesday, a rare legislative maneuver occurred in the House Judiciary I Committee.

The committee considered House Bill 78, Enact Medical Cannabis Act, and then gave the bill an

"unfavorable" report. This means that this bill, as well as any other bill on this subject matter, is

no longer eligible for consideration by the House in 2015 or 2016.

Usually, when legislators decide not to approve legislative bills, the bills are allowed to

remain in committee without any further action. It is rare for bills to receive an "unfavorable"

report, but this is a legislative action that is used to clearly demonstrate the House’s intent to take

no further action on this issue during this two-year legislative session.

When the bill was considered in committee, people were allowed to speak in favor of the

legislation and against the legislation. However, no legislators on the committee spoke for or

against the bill during the meeting and it appeared that the vote to give the bill an "unfavorable"

report was unanimous. Two years ago, the House Rules Committee issued a similar

"unfavorable" report on a medical marijuana bill, killing discussion of that issue for the 2013 –

2014 session of the General Assembly.

The House and Senate adjourned Thursday and will reconvene on Monday evening.

BILLS OF INTEREST

HOUSE BILL 311, ABC Store Election/Town of Leland, would allow the town of Leland to

hold an ABC store election. Introduced by Representatives Hamilton and Iler, and assigned

to the House Committee on Elections.

HOUSE BILL 312, Certain Counties Sheriff/Food Purchases, would allow the counties of

Haywood, Madison, and Yancey to contract for the purchase of food and food services supplies

for the county’s detention facilities without being subject to certain State purchase and contract

laws [G.S. 143-129 and G.S. 143-131(a)] which require local governments to obtain competitive

bids before awarding certain types of contracts. Introduced by Representative Presnell, and

assigned to the House Committee on Local Government.

http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2015&BillID=h311&submitButton=Go


Weekly Legislative Report North Carolina Sheriffs’ Association March 27, 2015

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HOUSE BILL 313, Promotion Grievances/City of Statesville, would be applicable only to the

City of Statesville, and would require that a civil service board hear grievances related to the

promotion of members of the fire and police departments in the City of Statesville. Introduced

by Representatives Turner and Fraley, and assigned to the House Committee on Local

Government.

HOUSE BILL 315, Sheriff & Landlord/Tenant-Writs of Poss. Chg, would provide that all civil

process fees would have to be collected in advance, except for suits in forma pauperis (those

civil matters initiated by individuals who are unable to pay). The law is currently the same

except those fees that are contingent on expenses or sale prices are also exempt from being

collected in advance. The bill does not address how advance fees that are contingent on expenses

or sale prices would be calculated.

This bill would also require the clerk of superior court to collect a fee from a plaintiff, not to

exceed $100, for any orders of seizure and delivery of personal property to a plaintiff (for

example, when a claim and delivery order is issued requiring a defendant's property to be seized

and delivered to a plaintiff). The amount of the fee would be determined based on the value of

the property. The fee would be given to the sheriff and would be used by the sheriff to offset the

fees and expenses for taking and caring for the seized property. If the cost to the sheriff to seize,

deliver and care for the seized property is less than the amount received from the plaintiff, the

sheriff would return the excess amount to the plaintiff. Introduced by Representative Stevens,

and assigned to the House Judiciary III Committee.

HOUSE BILL 317, Medical Marijuana for Terminally Ill Patients, would allow a person to

possess and use marijuana without being subject to criminal penalties, if the individual meets all

of the following criteria:

1. The individual has been diagnosed with a terminal or debilitating illness by a doctor;

2. The individual has been admitted to hospice or is at home under the care of hospice; and

3. The individual's use or possession of marijuana is pursuant to a valid prescription issued

by a licensed physician who is treating the individual for a terminal or debilitating illness.

A "debilitating illness" would mean a chronic and substantial inability, as a result of a physically

debilitating illness, disease, or injury, to care for one's self, a minor child, or both. Introduced

by Representatives Alexander, Carney, Harrison and Cunningham, and assigned to the

House Judiciary I Committee.

HOUSE BILL 318, Protect North Carolina Workers Act, would prohibit a county from entering

into a contract unless the contractor and subcontractors (currently, only the contractor is named

in the law) under the contract comply with the requirements of Article 2 of Chapter 64 of the

General Statutes (Verification to Work Authorization). A county would satisfy this requirement

if it includes a provision in all contracts it enters into that requires contractors and subcontractors

to use E-verify.






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This bill would also provide that the following documents are not acceptable for use in

determining a person’s actual identity or residency by a justice, judge, clerk, magistrate, law

enforcement officer, or other government official:

1. A matricula consular (embassy identification card) or other similar document, other than

a valid passport, issued by a consulate or embassy of another country; or

2. An identity document issued or created by any person, organization, county, city, or other

local authority, except where expressly authorized to be used for this purpose by the

General Assembly.

No local government or law enforcement agency would be allowed to establish the acceptability

of any of those documents as a form of identification to be used to determine the identity or

residency of any person. Introduced by Representatives Cleveland, Millis, Whitmire and

Conrad, and assigned to the House Committee on Commerce and Job Development.

HOUSE BILL 319, CDLs for Veterans Revisions, is identical to Senate Bill 43 summarized in

the February 13, 2015 Weekly Legislative Report. Introduced by Representatives Szoka,

Jeter, Adams and Pendleton, and assigned to the House Committee on Transportation.

HOUSE BILL 327, Allow Use of Pepper Spray by EMS Workers, would allow emergency

medical services personnel to carry and use pepper spray for self defense purposes. Introduced

by Representative Dobson, and assigned to the House Judiciary II Committee.

HOUSE BILL 328, Highway Safety/Citizens Protection Act, would make a number of statutory

changes. Those of interest to criminal justice agencies are the following:

1. Would make it unlawful to knowingly sell a false or fraudulent form of identification for

the purpose of deception, fraud, or other criminal conduct;

2. Would increase the penalty for the possession, manufacture, or sale of certain fraudulent

forms of identification from a Class 1 misdemeanor to a Class G felony. Punishment

would remain a Class 1 misdemeanor in the following instances:

a. A violation based on the mere possession of a false or fraudulent form of

identification, rather than the manufacture or sale;

b. A violation by a person under the age of 21 for the purpose of the underage

purchase of alcohol; or

c. A violation by a person under the age of 18 for the purpose of the underage

purchase of tobacco products;

3. Would add restricted drivers permits and restricted identification cards to the list of

documents it is unlawful to:

a. Display or have in one’s possession, knowing the document to be fictitious or to

have been canceled, revoked, suspended, or altered;





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b. Counterfeit, sell, lend to, or knowingly permit the use of the document, by one not

entitled to do so;

c. Represent the document as one’s own;

d. Fail or refuse to surrender the document to the Division of Motor Vehicles upon

demand;

e. Use a false or fictitious name or give a false or fictitious address in any

application for the document;

f. Make a color photocopy or color reproduction of the document.

All of the above would be punishable as a Class G felony;

4. Would make it a Class G felony to possess more than one special identification card for a

fraudulent purpose;

5. Would create a rebuttable presumption that no condition of release will reasonably assure

the appearance of a person and the safety of the community if the person is unlawfully

present in the United States, and a judicial official finds probable cause to believe that the

person committed one or more sex offenses, violent felonies, drug or gang offenses or

that there is probable cause to believe that the person committed an offense not listed

above and United States Immigration and Customs Enforcement has issued a detainer for

the initiation of removal proceedings against the person or has indicated it will do so;

6. Would require a defendant who is an undocumented alien, not lawfully present in the

United States, who is charged with a felony or a Class A1 misdemeanor to execute a

secured appearance bond as a condition of pretrial release;

7. Would allow a State or local law enforcement agency to transport an alien who is in the

agency’s custody to a federal facility or point of transfer into federal custody that is

outside the jurisdiction of the law enforcement agency. The agency would however need

judicial or executive authorization before transporting an alien to a point of transfer

outside North Carolina;

8. Would provide that the following documents are not acceptable for use in determining a

person’s actual identity or residency by a justice, judge, clerk, magistrate, law

enforcement officer, or other government official:

a. A matricula consular (embassy identification card) or other similar document,

other than a valid passport, issued by a consulate or embassy of another country;

or

b. An identity document issued or created by any person, organization, county, city,

or other local authority, except where expressly authorized to be used for this

purpose by the General Assembly.

No local government or law enforcement agency would be allowed to establish the

acceptability of any of these documents as a form of identification to be used to

determine the identity or residency of any person;


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9. Would authorize undocumented aliens to obtain restricted drivers permits and restricted

identification cards if they meet certain requirements including a criminal history records

check that shows the applicant does not have a criminal history; and

10. Would authorize the seizure, impoundment, and forfeiture of a motor vehicle driven by a

person while their license was revoked, driving without a license, or driving while failing

to maintain financial responsibility. The bill would provide exceptions to forfeiture

under certain conditions.

Introduced by Representatives Warren, Brown, Collins and Jordan, and assigned to the

House Judiciary I Committee.

HOUSE BILL 331, Sheriffs' Supp. Pension Fund/Sick Leave, would allow a sheriff to apply

unused sick leave accumulated under the Local Governmental Employees Retirement System

(LGERS) to their service time to determine eligible service in the Sheriffs’ Supplemental

Pension Fund. Introduced by Representatives Saine and Setzer, and assigned to the House

Committee on Pensions and Retirement.

HOUSE BILL 338, Fail to Obtain DL/Increase Punishment, would increase the punishment from

a Class 3 misdemeanor to a Class 2 misdemeanor for a second offense of failing to obtain a

drivers license before driving a motor vehicle where, at the time of each offense, the person was

ineligible to receive a drivers license. The punishment for this Class 2 misdemeanor would

require a mandatory fine of $400. A first offense would continue to be a Class 3 misdemeanor.

A person convicted for a third or subsequent offense of failing to obtain a drivers license before

driving a motor vehicle when the person was ineligible to receive a license, could be sentenced

to an active sentence of between twenty and sixty days confinement and the vehicle would be

subject to seizure and forfeiture. Introduced by Representative Millis, and assigned to the

House Judiciary II Committee.

HOUSE BILL 341, Controlled Substances/NBOMe & Other Drugs, would add the controlled

substances of Acetyl Fentanyl and NBOMe to the list of Schedule I controlled substances.

Additionally, several synthetic cannabinoids (marijuana) would be added to the list of Schedule

VI controlled substances. Tetramethylcyclopropanoylindoles would be deleted from the list of

Schedule VI controlled substances. Introduced by Representatives Jackson, Faircloth, Horn

and Stevens, and assigned to the House Judiciary II Committee.

HOUSE BILL 345, Currituck County/Remove Abandoned Vessels, would allow Currituck

County to remove abandoned vessels from navigable waters. Currently, only Brunswick County

and Dare County have this statutory authority. Introduced by Representative Steinburg, and

assigned to the House Committee on Local Government.

HOUSE BILL 346, Counties/Public Trust Areas, would allow counties, pursuant to an

ordinance, to prohibit, regulate, or correct harmful conditions on the State's ocean beaches and

prevent any unreasonable restriction of the public's rights to use these beaches. Additionally, the

county would be able to regulate the placement, maintenance, location, or use of equipment or







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personal property on the State's ocean beaches. "Ocean beaches" means the areas adjacent to the

ocean and ocean inlets that are subject to public trust rights. Introduced by Representative

Steinburg, and assigned to the House Committee on Local Government.

HOUSE BILL 350, Restore Driving Privileges/Competency, is identical to Senate Bill 349

summarized below in this week’s Weekly Legislative Report. Introduced by Representatives

Farmer-Butterfield, Richardson, Hurley and Turner, and assigned to the House Committee

on Transportation.

HOUSE BILL 352, Standard of Proof/Public Safety Dispatchers, would establish what level of

proof would be required to be shown in a civil lawsuit against telecommunicators and

dispatchers in order for a plaintiff to prevail in the lawsuit. This bill would provide that a person

acting in the capacity of a 911 or public safety telecommunicator or dispatcher at a Public Safety

Answering Point (PSAP) who is sued in a civil action arising from the performance of his/her

duties, would be entitled to the standard of proof of "clear and convincing evidence" in a court of

law. The standard of proof of “clear and convincing evidence” generally means the evidence is

more likely to be true than not. This standard of proof is higher than a “preponderance of the

evidence” standard used in most civil trials and less than the “beyond a reasonable doubt”

standard used in criminal trials. Introduced by Representative Torbett, and assigned to the

House Judiciary II Committee.

HOUSE BILL 355, Enhance Protection for Group Home Residents, would increase the

punishment from a Class 1 misdemeanor to a Class A1 misdemeanor for any employee or

volunteer at a group home facility that cares for people with mental illness, developmental

disabilities, or substance abuse problems to knowingly cause pain or injury to a client. It would

be a Class 1 misdemeanor for any employee or volunteer at a group home facility to take

personal property from a client.

The punishment would be increased from a Class 3 misdemeanor to a Class 1 misdemeanor for

anyone to threaten or harass an employee or volunteer at a facility who reports the intentional

injury, theft, or accidental injury of a client. Any employee or volunteer at a group home facility

who witnesses abuse or a sex offense against a client would have to report these allegations

within twenty-four hours after witnessing the situation to the Department of Social Services in

the county where the facility operates and to the District Attorney in the district where the

facility operates. A failure to do so would be a Class A1 misdemeanor. Introduced by

Representatives Reives and Stam, and assigned to the House Committee on Health.

HOUSE BILL 357, Toxicology Reports/District Court, would provide that a written toxicology

analysis that states the results of the analysis and is signed and sworn to by the person who

performed the analysis would be admissible into evidence in district court, without the testimony

of the analyst, provided all of the following criteria are met:

1. The laboratory that performed the analysis is accredited by the International Laboratory

Accreditation Cooperation (ILAC) Mutual Recognition Arrangement for Testing;






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2. The analyst who prepared the report completes an affidavit which states that the analyst is

qualified to perform the analysis, lists the name and location of the laboratory where the

analysis was performed, and states that performing the analysis was part of that person's

regular duties;

3. The district attorney serves a copy of the laboratory report and affidavit on the defendant

(or the defendant's attorney) stating that the report and affidavit would be offered as

evidence. The report and affidavit would have to be served on the defendant or his/her

attorney no later than ten days after receiving the report and affidavit and at least ten days

before trial; and

4. The defendant in the criminal prosecution has a right to appeal for a new trial in superior

court.

If a defendant wants to contest the results of the toxicology analysis, the defendant would have

the right to subpoena the analyst. Introduced by Representatives Stam, Faircloth, Glazier

and Hurley, and assigned to the House Judiciary II Committee.

HOUSE BILL 364, Clarify Laws on Exec. Orders and Appointments, would prohibit members

of the General Assembly from serving on the Domestic Violence Commission and on the

Governor's Crime Commission. Introduced by Representative Lewis, and assigned to the

House Committee on Rules, Calendar, and Operations of the House.

HOUSE BILL 385, Increase Sheriffs’ Supp. Pension Court Cost, is identical to Senate Bill 404

summarized below in this week’s Weekly Legislative Report. This bill is supported – high

priority by the North Carolina Sheriffs’ Association. Introduced by Representatives

McNeill, Presnell, Shepard and Waddell.

SENATE BILL 339, Healthy Families & Workplaces/Paid Sick Days, is identical to House Bill

270 summarized in last week's Weekly Legislative Report. Introduced by Senators Bryant,

Woodard and Foushee, and assigned to the Senate Committee on Rules and Operations of

the Senate.

SENATE BILL 343, Student Assault On Teacher/Felony Offense, would create a new felony

offense for a student assaulting a school employee under certain circumstances. It would be a

Class I felony if a student, over sixteen years of age, assaults a school employee on school

property when the employee is discharging his/her duties as an employee or as a result of having

discharged his/her duties as a school employee. It would be a Class G felony if a student is

convicted of a second or subsequent offense for assaulting a school employee. Introduced by

Senator Tillman, and assigned to the Senate Committee on Education/Higher Education.

SENATE BILL 349, Restore Driving Privileges/Competency, would require the Division of

Motor Vehicles (DMV) to restore the drivers license of a person that is determined to have been

restored to competency after receiving notice from the clerk of court in which the determination

is made. This bill would not require the DMV to restore the drivers license of a person if: (1) the

person's drivers license was revoked because of a conviction or other act requiring revocation

and (2) the person has not met the requirements for restoration of the person's drivers license.


http://ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2015&BillID=h385&submitButton=Go

http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2015&BillID=s339&submitButton=Go




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This bill would also direct the clerk of court to send DMV a certified copy of an order that makes

the determination that an individual has been restored to competency. Introduced by Senator

Randleman, and assigned to the Senate Committee on Transportation.

SENATE BILL 351, Collect DNA All Violent Felony Arrests, would expand the list of crimes

for which a DNA sample would be taken at the time of arrest by adding thirty-five specific

violent felonies to the list. These offenses would include crimes such as felony assaults, patient

and elder abuse, malicious injury or damage by use of explosives, common law robbery, and

cruelty to animals. Introduced by Senators Stein, Barringer and Bingham, and assigned to

the Senate Judiciary II Committee.

SENATE BILL 352, State Crime Lab Capacity Act/Funds, would assist the State Crime

Laboratory in meeting law enforcement analysis demands by appropriating funds to the

Department of Justice to provide the following:

1. A ten percent (10%) salary increase for the following positions in the State Crime

Laboratory: Forensic Scientist I, II, and III, Forensic Supervisor, and Forensic Manager;

2. Assets to analyze up to 6,030 pending cases, to address the toxicology backlog, and to

support private laboratory expert testimony costs;

3. Start-up equipment for the Western Regional Crime Laboratory;

4. The hiring of six lab technicians to complete important but nonscientific tasks to enable

forensic scientists to focus on their workload; and

5. The ability to contract for private training of new uncertified forensic DNA scientists in

order to allow existing forensic DNA scientists to focus on their workload.

Introduced by Senators Stein, Apodaca and Rabon, and assigned to the Senate Committee

on Appropriations/Base Budget.

SENATE BILL 356, Electronic Ads/Property Seized by Police, would clarify state law to

provide that the procedures to advertise seized or confiscated property before it is sold would

also apply when the seized or confiscated property is to be donated by a law enforcement agency

(for example, when confiscated bicycles are donated to charity).

This bill would also provide that a law enforcement agency that wants to sell or donate seized or

confiscated property would have to advertise the sale or donation in one of two ways. The

agency would either publicize the notice of the sale or donation in a newspaper (which is

currently provided for by law) or by the proposed new process of publicizing the notice

electronically on a website or social media account that is regularly updated by the sheriff’s

office, police department, or other government agency and that is accessible electronically by the

general public.





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In addition to publicizing the notice of the sale by one of the two methods set out above, the law

enforcement agency making the sale or donation would also be required to post a notice of the

sale or donation at the county courthouse door, at the sheriff's office or police department's

headquarters, and in at least one other area open to the general public. The posted notices would

have to contain a brief description of the property to be sold or donated, the time and place of the

sale if applicable, or instructions for accessing the electronic or Internet-based auction service if

that method would be used for the sale. Introduced by Senator Rabin, and assigned to the

Senate Judiciary II Committee.

SENATE BILL 361, Occupational Licensing Reform Study, would require the Legislative

Research Commission (Commission) to study the structure, organization, and operation of

occupational licensing boards. ”Occupational licensing boards” would include boards and

commissions such as the North Carolina Sheriffs’ Education and Training Standards

Commission (Sheriffs’ Commission) and the North Carolina Criminal Justice Education and

Training Standards Commission (Criminal Justice Commission).

The Commission would study:

1. The feasibility of establishing a single state agency to oversee the administration of some

or all of the occupational licensing boards;

2. The feasibility of combining administrative functions of some or all of the occupational

licensing boards;

3. The feasibility of combining occupational licensing boards with similar regulatory

functions; and

4. The feasibility of eliminating some occupational licensing boards, including an

assessment of the impact upon the health, safety and welfare of the public from any board

eliminations.

Introduced by Senator Hartsell, and assigned to the Senate Committee on Rules and

Operations of the Senate.

SENATE BILL 362, Amend Certain Expunction Laws, would reduce the amount of time a

person would have to wait in order to file for an expunction of a non-violent felony or non-

violent misdemeanor conviction. A person convicted of a non-violent felony would be able to

petition to have the conviction expunged ten years after the date of the conviction or the

completion of the sentence, whichever is later. A petition to have a conviction for a non-violent

misdemeanor expunged would be able to be filed five years after the date of the conviction or

completion of the sentence, whichever is later. Currently, a person must wait fifteen years after

the date of the conviction or the completion of the sentence, whichever is later, before filing a

petition for an expungement of a conviction for a non-violent felony or non-violent

misdemeanor.




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This bill would also modify the law to allow an individual to file for an expungement of a

criminal charge where the charge was dismissed or there was a finding of not guilty, even if the

person previously received an expunction. Currently, an individual applying for an expunction

where charges were dismissed or there was a finding of not guilty would be ineligible for the

expunction if the person had previously received an expungement. This bill would also provide

that a person who files a petition for a second or subsequent expungement based on the criminal

charges being dismissed or a finding of not guilty would have to pay the clerk of superior court a

fee of $175 at the time the petition is filed.

Confidential records of expunctions maintained by the Administrative Office of the Courts

pertaining to second or subsequent expungements where charges were dismissed or there was a

finding of not guilty, would be available for inspection by local law enforcement agencies and

the offices of the district attorney. Introduced by Senator Hartsell, and assigned to the Senate

Judiciary II Committee.

SENATE BILL 370, E-Signatures/Vehicle Title and Registration, would allow an application for

a certificate of title, a registration plate, a registration card, and any other document required by

the Division of Motor Vehicles (DMV) to be submitted with an electronic signature. Any

required notarization of an electronic signature would be able to be performed electronically in

accordance with the procedures established for a notary public by the Secretary of State’s

office. Introduced by Senator Barefoot, and assigned to the Senate Committee on

Information Technology.

SENATE BILL 377, Appropriate Funds for Drug Overdose Meds., would appropriate $50,000 to

the Department of Health and Human Services for the purchase and distribution of opioid

antagonists for the treatment of opioid related drug overdoses. Half of those funds would be used

to purchase and distribute opioid antagonists to North Carolina law enforcement agenices at no

charge. Introduced by Senator Bingham, and assigned to the Senate Committee on Health

Care.

SENATE BILL 378, Increase Punishment/Misd. Death by Vehicle, would create a new crime of

Aggravated Misdemeanor Death by Vehicle. A person would commit this crime if:

1. The person unintentionally caused the death of another person;

2. The person was engaged in the violation of any State law or local ordinance applying to

the operation or use of a motor vehicle (other than impaired driving);

3. The violation of State law or local ordinance is the proximate cause of the death; and

4. The person has three or more previous convictions for a violation of State law or a local

ordinance applying to the operation or use of a motor vehicle (other than impaired

driving) within seven years of the date of the offense.

Aggravated Misdemeanor Death by Vehicle would be a Class A1 misdemeanor and a person

convicted of this offense would be able to be sentenced to an active sentence of not more than


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one year imprisonment. Introduced by Senator Bingham, and assigned to the Senate

Judiciary II Committee.

SENATE BILL 391, Enjoin Street Gang/Expires in Three Years, would provide that a civil

injunction prohibiting street gang activity as a public nuisance would expire three years after the

entry of the order enjoining that activity. Currently, these orders expire one year after the order is

entered by the court. Introduced by Senator Tarte, and assigned to the Senate Judiciary I

Committee.

SENATE BILL 392, Left Turn on Red/DDI, would allow a driver to make a left-hand turn at a

red light if the vehicle is either exiting an interstate and entering a diverging diamond

interchange with traffic traveling from right to left or the vehicle is entering an interstate and

exiting a diverging diamond interchange with traffic traveling from right to left. Introduced by

Senator Tarte, and assigned to the Senate Committee on Transportation.

SENATE BILL 393, Brian Garlock Act, would prohibit a person from operating a motor vehicle

while using a mobile telephone or other electronic communication device unless the use of that

device is accomplished by hands-free equipment. Persons under eighteen years of age and

persons driving a school bus would not be able to operate a motor vehicle at all while using a

mobile telephone or electronic communication device, unless the use was for communicating

with an emergency response operator, ambulance or hospital, or a fire or law enforcement

agency in an emergency situation. Similarly, commercial motor vehicle operators would be

prohibited from using a mobile telephone or electronic communication device while driving a

commercial motor vehicle.

Other than persons driving school buses, commercial motor vehicles, or persons under eighteen

years of age, drivers would be able to use electronic communication devices under the following

conditions:

1. The driver presses a single button to activate or deactivate hands-free equipment;

2. The driver uses a global positioning system, navigation system, or portable music player

installed in a motor vehicle;

3. The driver uses a smart watch for the purpose of determining the time of day;

4. The driver uses a mobile telephone or other electronic communication device for

communicating an emergency situation; or

5. The device is used by a law enforcement officer, member of a fire department, first

responder, or operator of a public or private ambulance while in the performance of, and

for a purpose related to, his/her official duties.

A violation for operating a motor vehicle or commercial motor vehicle while using a mobile

telephone or electronic communication device would be an infraction and the operator would

have to pay a fine of $100. A person under eighteen years of age operating a motor vehicle while





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using a mobile telephone or electronic communication device would be responsible for an

infraction and would pay a fine of $25. A person operating a school bus while using a mobile

telephone or electronic communication device would be guilty of a Class 2 misdemeanor. This

bill is supported by the North Carolina Sheriffs’ Association. Introduced by Senators

Tarte and Bingham, and assigned to the Senate Committee on Rules and Operations of the

Senate.

SENATE BILL 394, Preemption Affirmation Act, would add language to State law to emphasize

that cities and counties are prohibited from regulating in any manner the taxation, manufacture,

or transportation of firearms, ammunition, components of firearms, or firearms dealers. Current

law specifically prohibits cities or counties from regulating the possession, ownership, storage,

transfer, sale, purchase, licensing and registration of firearms.

A violation of this law by a city or county would require a court to declare the rule or ordinance

invalid and the court would issue a permanent injunction against the local government.

Additionally, the elected official or head of any governmental entity who knowingly and

willfully violated these laws would be fined up to $5,000 and would be subject to losing his/her

job or contract, or being removed from office by the Governor. Introduced by Senator Tarte,

and assigned to the Senate Committee on Rules and Operations of the Senate.

SENATE BILL 395, Reform Medical Examiner System, would make numerous changes to the

North Carolina medical examiner system which would impact the criminal justice community.

Among these changes:

1. Five regional medical examiner offices would be established to provide postmortem and

medico-legal examinations and services in all regions of the State;

2. The Chief Medical Examiner (CME) would be required to ensure that the Office of the

CME maintains accreditation by the National Association of Medical Examiners, or an

alternative national entity;

3. The CME would be required to employ board certified forensic pathologists, medical

examiners, medico–legal death investigators, and administrative personnel to serve as

staff in each of the regional offices;

4. The Department of Health and Human Services would be required to establish continuing

education requirements for medical examiners employed by the Office of the CME;

5. Would clarify the circumstances under which a death occurs that would require

notification be made to the nearest regional medical examiner's office. For example,

notification would be made if the death resulted from violence, poisoning, accident,

suicide, was unattended by a physician, or occurred while in confinement or police

custody.

Introduced by Senator Tarte, and assigned to the Senate Committee on Health Care.




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SENATE BILL 404, Increase Sheriffs' Supp. Pension Court Cost, would increase court costs in a

criminal action that are used for the Sheriffs’ Supplemental Pension Fund from $1.25 to

$2.50. This bill is supported – high priority by the North Carolina Sheriffs’

Association. Introduced by Senator Gunn, and assigned to the Senate Committee on

Pensions and Retirement and Aging.

SENATE BILL 408, Firearms on School Grounds/Security Guards, would provide that the

prohibition on carrying a concealed weapon on educational property would not apply to an

armed security guard registered under Chapter 74C of the General Statutes (Private Protective

Services) when acting in the discharge of the guard’s duties with the permission of the college,

university, or superintendent of the local school administrative unit.

This bill would also allow any local law enforcement agency to request a list of the armed

security guards employed by the college, university, or local school administrative unit.

Introduced by Senator Davis, and assigned to the Senate Committee on Rules and


SENATE BILL 411, Additional Expunction/Dismiss or Not Guilty, would allow a person who

was charged with a nonviolent crime when the person was less than 26 years old that later had

the charge expunged, and who is charged with a subsequent nonviolent crime that was dismissed

or for which a finding of not guilty was entered, to expunge the subsequent criminal charge if the

person meets certain requirements.

The bill would however require persons pursuing certification through the North Carolina

Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs’

Education and Training Standards Commission to disclose any and all charges to the certifying

commission regardless of whether or not the charges were expunged. Introduced by Senators

McKissick, Bingham and Daniel, and assigned to the Senate Committee on Rules and


SENATE BILL 417, Habitual Impaired Driving/10-Year Period, would require when calculating

the ten year period for determining whether a person committed the offense of habitual impaired

driving to exclude any period of time during which the person was incarcerated. Introduced by

Senators Jackson, Davis and Hartsell, and assigned to the Senate Committee on Rules and


SENATE BILL 418, Amend Statutory Rape/15 Yrs. Old or Younger, would amend the criminal

offense of statutory rape or sexual offense of a person who is thirteen, fourteen, or fifteen years

old to apply to any victim who is fifteen years of age or younger. Introduced by Senators

Jackson, Daniel and Bingham, and assigned to the Senate Committee on Rules and


SENATE BILL 432, Electronic Pawn & Metals Database, would require pawnbrokers, currency

converters, precious metals dealers, and secondary metals recyclers to report information about

transactions and purchases to an electronic database that is accessible to North Carolina law

enforcement officers and agencies. The bill would direct the Office of Information Technology








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Services to contract with a third party for the operation of the electronic database and any

information contained in the database would not be considered a public record under Chapter

132 of the General Statutes.

The bill would also provide that information is not required to be entered into the electronic

database when the database is offline or otherwise inaccessible or an entity lacks the technology

needed to access the database. Introduced by Senator Randleman, and assigned to the Senate

Committee on Rules and Operations of the Senate.

SENATE BILL 441, Public Records - E-Mail Disclosure, would encourage North Carolina state

agencies to include a statement on outgoing email that discloses that the email may be a public

record and may be subject to inspection and copying. The bill also provides that if it is

appropriate, emails sent by or on behalf of a legislator should include a disclosure that the

document is confidential and not a public record. Introduced by Senator Clark, and assigned

to the Senate Committee on Rules and Operations of the Senate.

SENATE BILL 445, Burt's Law, is identical to House Bill 355 summarized above in this week's

Weekly Legislative Report. Introduced by Senators Krawiec, Newton and Wells, and

assigned to the Senate Committee on Rules and Operations of the Senate.

SENATE BILL 453, Regulatory Reform Act of 2015, would make various administrative and

regulatory changes of interest to criminal justice agencies, including the following:

1. Would repeal obsolete statutes that make it a crime to use profane or indecent language

on public highways or to refuse to relinquish a party telephone line in an emergency;

2. Would direct State agency heads to develop a policy to limit the issuance and use of

mobile electronic devices to employees to the minimum required to carry out the

agency’s mission;

3. Would increase the penalty for parking in a handicapped parking space without the

required placard to at least two hundred fifty dollars ($250.00) but not more than five

hundred dollars ($500.00);

4. Would provide that any person who enters or attempts to enter any railroad car, motor

vehicle, trailer, aircraft, boat, or other watercraft of any kind would not be criminally or

civilly liable for doing so if one or more of the following circumstances exist:

a. The person acts in good faith to access a person inside to provide first aid or

emergency health care treatment, or because the person inside is, or is in

imminent danger of becoming, unconscious, ill, or injured;

b. It is reasonably apparent that the circumstances require prompt decisions and

actions in medical care, other health care, or other assistance; or

c. The necessity of immediate health care treatment or removal of the person is so

reasonably apparent that any delay in the rendering of treatment or removal would

seriously worsen the physical condition or endanger the life of the person;





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5. Would provide that a petition for expunction would not be denied solely based on a

boating violation;

6. Would authorize the Division of Motor Vehicles to issue permanent plates for trailers

attached to motorcycles;

7. Would increase the penalty for having an unsecured child in a motor vehicle from twenty

five dollars ($25.00) to one hundred dollars ($100.00); and

8. Would provide that failure to secure a child in a motor vehicle that appears to be less than

eight years of age and less than 80 pounds would be justification for the stop of a vehicle.

Introduced by Senators Wade, Brock and Jackson, and assigned to the Senate Committee

on Rules and Operations of the Senate.

SENATE BILL 469, Occupational Lic. Bd. Reporting Requirements, would amend the annual

reporting requirements for occupational licensing boards to include new information in the

annual report each board must file electronically with the Joint Legislative Administrative

Procedure Oversight Committee, the Department of Commerce, the State Auditor, the Office of

State Budget and Management, and the State Controller. The reports would include, among other

things, the certification of a proper system of internal control and the statute or rule authorizing

each fee collected, the amount of the fee, the date the fee was last changed, the number of times

the fee was collected during the prior reporting period, and the total receipts stemming from the

fee. This report would be open to public inspection and would be required to be posted on the

website of the occupational licensing board.

This bill includes a lengthy list of specifically named commissions and boards including the

North Carolina Criminal Justice Education and Training Standards Commission and the Private

Protective Services Board. The list does not include the North Carolina Sheriffs’ Education and

Training Standards Commission.

The bill would also allow board members to receive up to $200.00 (currently, $100.00) per day

for each day they are engaged in official business of the board. Introduced by Senator Hartsell,

and assigned to the Senate Committee on Rules and Operations of the Senate.

SENATE BILL 470, Ignition Interlock Req'd/All DWIs, would require persons convicted of

driving after consuming alcohol that are less than 21 years of age, and certain persons who refuse

a chemical analysis or are convicted of driving while impaired or any other impaired driving

offense, to have an ignition interlock system installed on every vehicle that person may drive

before that person can get a limited driving privilege. The bill would also remove the waiting

period before a person could apply for a limited driving privilege and provide for the payment of

an administrative fee that would create an Ignition Interlock Device Fund to assist indigent

individuals with the installation of an ignition interlock system. Introduced by Senator

Hartsell, and assigned to the Senate Committee on Rules and Operations of the Senate.




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SENATE BILL 477, Protection of State Monuments, would make it a Class 1 misdemeanor to

relocate, disturb, alter, or deface any monument, memorial, plaque, or work of art

commemorating events, veterans, or persons of North Carolina history located on public property

of the State or any of its political subdivisions. Introduced by Senator Brown, and assigned to

the Senate Committee on Rules and Operations of the Senate.

SENATE BILL 479, Local Governments in State Health Plan, would allow units of local

government to enroll their employees and dependents in the State Health Plan for Teachers and

State Employees (Plan). In order to participate, a unit of local government would be required to

pass a valid resolution expressing the local government’s desire to participate in the Plan, enter

into a memorandum of understanding with the Plan, and provide at least 90 days notice to the

Plan prior to entry. The Plan would be required to admit any local government unit that meets

the administrative and legal requirements necessary, regardless of the financial impact on the

Plan. Local governments would be allowed to participate until the number of employees and

dependents enrolled in the Plan reaches 10,000, after which time no additional local governments

may join the plan. Introduced by Senators Brown, Rabon and Daniel, and assigned to the

Senate Committee on Rules and Operations of the Senate.

SENATE BILL 485, Law Enforcement Privacy/Public Web Sites, would direct the North

Carolina Courts Commission to study the development of a process whereby cities and counties

would remove personal information from records available on websites maintained by cities and

counties when requested to do so by nonelected officials, including law enforcement personnel,

prosecutors, and judicial officers. The Commission would report its findings and

recommendations to the 2016 Regular Session of the 2015 General Assembly. Introduced by

Senators Woodard and McKissick, and assigned to the Senate Committee on Rules and


SENATE BILL 492, Limited Driving Privilege/Church, would authorize the holder of a limited

driving privilege to drive to and from his/her place of religious worship. Introduced by

Senators Davis, Soucek and Daniel, and assigned to the Senate Committee on Rules and


SENATE BILL 496, Protect MH/DD/SA Clients From Abuse, would establish higher penalties

for repeated failures to report abuse, exploitation, or accidental injuries to those in facilities for

treatment for mental illness, developmental disabilities and substance abuse. A first violation for

an employee who witnesses, or has knowledge of, an accidental injury or abuse to a person

receiving treatment for mental illness, developmental disabilities and substance abuse would be a

Class 3 misdemeanor punishable only by a fine not to exceed $500. A repeated violation for

failure to report injury or abuse would be a Class 1 misdemeanor. Introduced by Senator

Davis, and assigned to the Senate Committee on Rules and Operations of the Senate.

SENATE BILL 497, Allow Change of Office Within Filing Deadline, would allow a person who

has filed a notice of candidacy for a public office to withdraw candidacy for that office after the

third business day and before the close of the filing period if the person is seeking a different

office. Introduced by Senator Davis, and assigned to the Senate Committee on Rules and









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SENATE BILL 499, Prevent Repeat Crime Act, would establish the North Carolina Statewide

Reentry Advisory Council (Council) within the Department of Public Safety. The purpose of the

Council would be to identify reentry and transition barriers faced by juvenile and adult offenders

and to establish partnerships to help promote job creation and development for people with

criminal backgrounds.

The Council would include:

1. Three members appointed by the General Assembly upon recommendation of the

Speaker of the House of Representatives;

2. Three members appointed by the General Assembly upon the recommendation of the

President Pro Tempore of the Senate;

3. Three members appointed by the Secretary of Public Safety;

4. A district attorney selected by the Conference of District Attorneys;

5. A public defender selected by the North Carolina Association of Public Defenders;

6. The Secretary of Correction [Note: The correct term is the Commissioner of the Division

of Adult Correction and Juvenile Justice] or the Secretary's designee; and

7. The Attorney General or the Attorney General's designee.

Introduced by Senator Stein, and assigned to the Senate Committee on Rules and


SENATE BILL 502, Prohibit Employment Disc./Poor Credit History, would prohibit an

employer from refusing employment to any person on account of the person’s credit history or

credit rating. An employer would however be able to request that a prospective employee submit

to a credit history background check if creditworthiness or credit standing is directly related to

the ability to perform essential functions of their employment. Introduced by Senators

McKissick and Bingham, and assigned to the Senate Committee on Rules and Operations

of the Senate.

SENATE BILL 503, Sex Offense With Student/Charter Schools, would clarify State law to

provide that the crimes of taking indecent liberties with a student and intercourse and sexual

offenses with a student would also be applicable to employees of charter schools and non-public

schools. Introduced by Senators Jackson, Tillman and Soucek, and assigned to the Senate

Committee on Rules and Operations of the Senate.

SENATE BILL 505, Revoke Consent for Intercourse, would provide that a person who

continues to engage in vaginal intercourse after consent is withdrawn is deemed to have

committed the act of intercourse by force and against the will of the other person. The

withdrawal of consent would have to be clearly communicated in a way that a reasonable person






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would understand consent was withdrawn. Introduced by Senators Jackson, Krawiec and

Randleman, and assigned to the Senate Committee on Rules and Operations of the Senate.

SENATE BILL 508, Amend Bail Bond Laws, would require any judicial official authorizing

pretrial release to file a copy of the release order with the clerk of superior court and to give a

copy of the pretrial release order to the defendant and any surety, including bond runners, who

provided a bond to the defendant. Additionally, this bill would provide that a bond surety would

no longer be obligated on the bond if the defendant is declared incapable to proceed to trial by

the court or the defendant entered into a deferred prosecution agreement. Introduced by

Senators Lee and Randleman, and assigned to the Senate Committee on Rules and


SENATE BILL 509, Public Authority/Weight & Perm. Plates, would exempt public utility

vehicles from light-traffic road limitations (roads determined by the Department of

Transportation to be subject to damage from excessively heavy motor vehicles). This bill would

also authorize the Division of Motor Vehicles to issue permanent registration plates for motor

vehicles owned and operated by public authorities. Introduced by Senator Lee, and assigned

to the Senate Committee on Rules and Operations of the Senate.

SENATE BILL 513, North Carolina Farm Act of 2015, would allow the Department of

Transportation (DOT) to issue permits to transport oversized hay bales. The DOT would issue

annual permits to allow a vehicle carrying these hay bales to transport them from place to place

on the same farm, from one farm to another, or to or from market. These permits would not

require escorts on State highways where the over-sized vehicle does not exceed posted bridge

and load limits. These permits however would restrict the transportation of hay bales to daylight

hours only.

This bill would also increase the highway speed limit from 35 to 45 miles per hour for any

agricultural spreader vehicle (any vehicle designed for off-highway use on a farm to spread

agricultural products on a field).

The penalty for failing to guard a fire by a watchman would be reduced from a Class 3

misdemeanor to an infraction and would carry a fine of not more than $50.

State law enforcement officers with powers of arrest who work for the Department of

Agriculture and Consumer Services would be added to the list of officials that would be entitled

to benefits under the State salary continuation plan, allowing for the officer's salary to be paid in

the event of an incapacitating injury. Introduced by Senators Brock and Jackson, and

assigned to the Senate Committee on Rules and Operations of the Senate.

SENATE BILL 514, Clarify Laws on Exec. Orders and Appointments, is identical to House Bill

364 summarized above in this week’s Weekly Legislative Report. Introduced by Senator

Apodaca, and assigned to the Senate Committee on Rules and Operations of the Senate.

SENATE BILL 516, LEO Privacy Protection, would require cities and counties to remove

personal information from government records available on internet websites when requested by







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certain law enforcement personnel, prosecutors and judicial officers. Personal information that

would be removed upon request would include the official’s address and telephone number. The

removal of this information would be able to be requested by:

1. A federal, State, or local law enforcement officer;

2. A State criminal magistrate;

3. An assistant district attorney;

4. A prosecutor employed by the North Carolina Department of Justice;

5. A United States Attorney or Assistant United States Attorney; or

6. A federal judge.

The request to remove public information would not be a public record. Introduced by Senator

Tucker, and assigned to the Senate Committee on Rules and Operations of the Senate.

SENATE BILL 641, Concealed Handgun Permit Standardization Act, would make a number of

changes to North Carolina's concealed handgun permit program. Among these changes:

1. A concealed handgun permit would be able to be issued to a permanent resident alien.

Currently, a concealed handgun permit can only be issued to a citizen of the United

States;

2. Currently, the sheriff must evaluate a concealed handgun permit applicant to determine if

the applicant suffers from a "physical or mental infirmity that prevents the safe handling

of a handgun." This provision of the law would be deleted and the sheriff would instead

evaluate an applicant to determine if he/she suffers from a currently diagnosed and

ongoing mental disorder, which a reasonable person would expect to present a danger to

the applicant or others;

3. A concealed handgun permit would be denied for a felony conviction only if the felony

was a violent felony. A violent felony is defined as any felony not listed as a nonviolent

felony in G.S. 14-415.4(a)(2);

4. Currently, a concealed handgun permit is required to be denied if the applicant was

discharged from the armed forces "under conditions other than honorable." This bill

would alter the standard to only disqualify an applicant if he/she received a “dishonorable

discharge.” As a consequence, applicants who received a discharge "under other than

honorable conditions" or a "bad conduct discharge" would be eligible to receive a

concealed handgun permit;

5. An applicant for a concealed handgun permit would be eligible to receive a concealed

handgun permit even though he/she was adjudicated guilty of crimes such as



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communicating threats, carrying weapons at parades, throwing objects at sporting events,

and disorderly conduct by fighting, so long as the conviction occurred more than six

months prior to the date of the application. Also, convictions for violations of city and

county state of emergency ordinances would no longer be bars to receiving a concealed

handgun permit.

6. The sheriff would be prohibited from requesting employment information, character

affidavits, additional background checks, photographs, or other information about a

concealed handgun permit applicant, unless it is specifically authorized under the

concealed handgun permit statutes;

7. The sheriff would be required to issue or deny the permit within 90 calendar days from

the date the application was submitted, regardless of whether the required records

concerning the mental health of the applicant had been received; and

8. No person, company, mental health provider, or governmental entity would be able to

charge additional fees to the applicant for providing required mental health records.

Introduced by Senator Tarte.

SENATE BILL 648, NC Firearms Freedom Act, would exempt firearms, firearm accessories and

ammunition that is manufactured and retained in North Carolina from federal regulations under

the Commerce Clause of the Constitution of the United States. This bill would further provide

that public employees at the local, State and federal level (to include agents and officers from the

Federal Bureau of Investigation, Department of Homeland Security, Federal Bureau of Alcohol,

Tobacco, and Firearms, State Bureau of Investigation, State Highway Patrol and local law

enforcement agencies) would not be able to enforce federal laws or regulations governing

firearms and firearms accessories or ammunition manufactured and retained in North Carolina.

Officers and employees violating this prohibition would be guilty of a Class A1 misdemeanor.

Introduced by Senator Sanderson.

SENATE BILL 659, Sheriffs' Association Special Plate, would authorize the Division of Motor

Vehicles to issue a special registration plate for the North Carolina Sheriffs' Association. This

bill is supported by the North Carolina Sheriffs’ Association. Introduced by Senator

Newton.

BILL STATUS

HOUSE BILL 6, Autocycle Definition and Regulation, has passed the House and has been sent

to the Senate for their consideration.

HOUSE BILL 50, Amend Mand. Retire. Age/Judges & Magistrates, has passed the House, and

has been assigned to the Senate Committee on Rules and Operations of the Senate.



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HOUSE BILL 82, Execution/Nonsecure Custody Order/Child Abuse, has passed the House, and

has been assigned to the Senate Committee on Rules and Operations of the Senate.

HOUSE BILL 130, Davie County/Food for Detention Facilities, has passed the House, and has

been assigned to the Senate Committee on Rules and Operations of the Senate.

HOUSE BILL 148, Insurance Required for Mopeds, has passed the House Committee on

Transportation with amendments, and has been reassigned to the House Committee on Insurance.

This bill was amended to remove the language that provided that mopeds are subject to safety

inspection requirements.

HOUSE BILL 156, Legal Notices/Require Internet Publication, has passed the House Judiciary

III Committee with amendments, and is scheduled to be considered by the House on Monday,

March 30, 2015.

HOUSE BILL 173, Omnibus Criminal Law Bill, has passed the House and has been sent to the

Senate for their consideration.

HOUSE BILL 199, Raleigh/Donate Service Animals to Officers, has passed the House

Committee on Local Government, and is scheduled to be considered by the House on Monday,

March 30, 2015.

HOUSE BILL 211, Expand Use of Toxicology Funds, has passed the House and has been sent to

the Senate for their consideration.

HOUSE BILL 242, White Collar Investigation, has passed the House and has been sent to the

Senate for their consideration. This bill was amended to remove G.S. 14-230 (willfully failing to

discharge duties) from the list of violations for which an investigative grand jury can be

convened.

HOUSE BILL 244, Community Corr./Interstate Compact/Fund.-AB, has passed the House

Judiciary III Committee, and is scheduled to be considered by the House on Monday, March 30,

2015.

HOUSE BILL 281, Records to Medical Examiner, has passed the House and has been sent to the

Senate for their consideration. This bill was amended to clarify that records sent to the Chief

Medical Examiner after the death of an inmate that dies in the custody of the Division of Adult

Correction and Juvenile Justice (DAC) are used for the purpose of determining the cause and

manner of death. The bill was also amended to provide that the Chief Medical Examiner must

request a copy of the State Bureau of Investigation (SBI) report regarding any investigation of

the death of an inmate and that any records provided to the Chief Medical Examiner would not

be considered public records under Chapter 132 of the General Statutes if the records would not

be considered public records in the custody of DAC or the SBI.

HOUSE BILL 294, Prohibit Cell Phone/Delinquent Juvenile.-AB, has passed the House, and has

been assigned to the Senate Committee on Rules and Operations of the Senate.




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HOUSE BILL 295, Juvenile Media Release.-AB, has passed the House, and has been assigned to

the Senate Committee on Rules and Operations of the Senate. This bill was amended to remove

the proposed language which required the Division of Adult Correction and Juvenile Justice

(DAC) to first determine the level of threat posed to the community by an escaped juvenile, and

if deemed appropriate, then to release identifying information about the juvenile to the public.

The bill was also amended to require the release of a statement by DAC as to the juvenile's threat

to their self or to others only when deemed appropriate by DAC.

The Weekly Legislative Report is provided at no charge as a service to the sheriffs,

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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