AN ACT TO MAKE VARIOUS CHANGES AND TECHNICAL CORRECTIONS TO THE LAWS GOVERNING THE ADMINISTRATION OF JUSTICE, AS RECOMMENDED BY THE ADMINISTRATIVE OFFICE OF THE COURTS AND TO ALLOW FOR THE EXPUNCTION OF THE OFFENSE OF BREAKING AND ENTERING OF A BUILDING WITH INTENT TO COMMIT A FELONY OR LARCENY AND AMEND THE CONDITIONS THAT RESULT IN A PETITION FOR EXPUNCTION BEING DENIED. SL 2023-103. Enacted July 21, 2023. Effective July 21, 2023, except as otherwise provided.
Bill Summaries: H193 (2023-2024 Session)
Tracking:
-
Bill H 193 (2023-2024)Summary date: Jul 24 2023 - View summaryCourts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Court System, Administrative Office of the Courts, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Government, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Mental Health
-
Bill H 193 (2023-2024)Summary date: Jun 29 2023 - View summary
Senate amendment to the 3rd edition makes the following changes.
Adds a section to the act that extends the expiration of Section 1 of SL 2022-47 from August 1, 2023, to July 1, 2024. Section 1 prohibits dismissed charges and not guilty verdicts from being expunged by operation of law and requires the Administrative Office of the Courts (AOC) to cease all procedures related to automatic expunction of dismissed charges, not guilty verdicts, and findings of not responsible. Also requires AOC to keep records of any dismissed charges, not guilty verdicts, and findings of not responsible that, except for this provision, would have been automatically expunged in a way that allows those cases to be automatically expunged when this section expires.
Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Court System, Administrative Office of the Courts, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Government, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Mental Health
-
Bill H 193 (2023-2024)Summary date: Jun 14 2023 - View summary
Senate committee substitute to the 2nd edition makes the following changes.
Section 12.
Inserts new Section 12, amending NC Rule of Civil Procedure 5 (GS 1A-1), pertaining to service and filing of pleadings and other papers, as follows. With respect to any document filed by the court that is required to be served, permits service by the court to be made by a notice that identifies the document filed and directs the recipient to an internet location where the document is available to the recipient. Amends provisions pertaining to service through the court’s electronic filing or case management system to provide that service is only made on party (not an attorney) using these system(s) if it is made to an email address on record with the court in the case if the party has consented to receive service electronically through these systems and the consent has been filed with the court by any party. Now specifies that service is made on an attorney using these systems if service is made through these systems to an email address on record with the court. Specifies that service through these systems must be sent by 5:00 pm EST on a regular business day, and if sent after that time, it will be deemed to have been sent the next business day. Specifies that if service is not available electronically that the serving party may effect service on a party’s attorney of record by mailing a copy to the attorney’s mailing address of record with the court (currently, just need to mail it to attorney’s office). Clarifies that for items filed through the court’s electronic filing system, the automated certificate of service must be generated by the system and filed in the case to satisfy rule’s certificate of service requirements (currently, just requires automatic generated certificate of service to comply with rule). Makes conforming changes to account for case management systems and changes to rule pertaining to electronic service upon a party.
Enacts new GS 84-39 (member’s address of record with the court) requiring each member of the State Bar to provide a provide a mailing address, phone number, and email address to the secretary-treasurer of the State Bar to be that member's contact information of record with the court. Specifies that contact information provided by the member will be used for service of pleadings and other papers under NC Rule of Civil Procedure 5 unless the member provides different contact information to the secretary-treasurer of the State Bar. Amends GS 84-4.1 (limited practice by out-of-state attorneys) to make out-of-state attorneys subject to filing the same contact information.
Effective August 1, 2023.
Section 13.
Inserts new Section 13, amending GS 122C-261 (affidavit and petition before clerk or magistrate when immediate hospitalization is not necessary for involuntary commitment) as follows. Changes the scope of GS 122C-261(d) from applying to applying to all commitment examiner affiants to commitment examiner affiants filing a petition and affidavit for an involuntary commitment in a county that has not implemented an electronic filing system approved by the Director of the Administrative Office of the Courts. Now requires when a physician or eligible psychologist affiant at a 24-hour treatment facility for involuntary commitment of clients recommends inpatient commitment, that the clerk or magistrate, if finding probable cause to believe the respondent meets criteria for inpatient commitment, to issue a commitment order by facsimile or electronic transmission to the physician or psychologist (currently, magistrate “may” issue orders using facsimile or electronic means).
Specifies that if the affiant is a commitment examiner filing a petition and affidavit for an involuntary commitment in a county that has implemented an electronic filing system approved by the Director of the Administrative Office of the Courts, requires the commitment examiner or their designee to file the affidavit and petition, as well as any other supporting documentation required by law, through the electronic filing system, in addition to other requirement listed in GS 122C-261(d). Specifies that the original custody order is not required to be mailed to the clerk or magistrate. Further specifies that in such counties, commitment examiners must also file any subsequent documentation and notifications prescribed by statute to the clerk of superior court through the electronic filing system.
Amends GS 122C-262(c) (special emergency procedure for individuals needing immediate hospitalization), GS 122-266(c) (outpatient commitment second examination and treatment pending hearing), and GS 122C-283(e) (first examination by commitment officer for substance abuse) to specify that the statutory documents (e.g., under GS 122C-262 certificates of immediate hospitalization completed by commitment examiners under the statute; finding of a physician under GS 122-266; and findings of physician or eligible psychologist and commitment examiner under GS 122C-283) can be sent to the clerk through an electronic filing system, if the county has implemented e-filing or by the most reliable and expeditious means otherwise available (currently, no mention of e-filing and just must send by most reliable and expeditious means). Makes clarifying change to GS 122C-283(c).
Effective April 1, 2024.
Section 14.
Inserts new Section 14, amending expunction eligibility under GS 15A-145.5 (expunction of certain misdemeanors and felonies) as follows. Removes felony offenses under GS 14-54 breaking or entering any building with intent to commit a felony or larceny as offenses exempt from the meaning of “nonviolent misdemeanor” or “nonviolent felony” under the expunction statute.
Amends the time periods for expunctions of up to three nonviolent felony convictions as follows. Enacts new subsubsubsection GS 15A-145.5(c)(2)(a1) that allows a person convicted of one nonviolent felony under GS 14-54(a) to file petition for expunction 15 years after the date of the conviction or 15 years after any active sentence, period of probation, or post-release supervision related to the conviction listed in the petition has been served, whichever occurs later. Makes conforming change to GS 15A-145.5(c)(2)(a) to reflect new (a1). Amends GS 15A-145.5(c1) to remove references to specific waiting period years in the affidavit statement of good moral character. Expands the scope of what the court must find in order to grant a petition for expunction of one or more nonviolent misdemeanors or one to three nonviolent felonies to include findings that (1) in addition to having no outstanding warrants or pending criminal cases, the petitioner is not under indictment, and no finding of probable cause exists against the petitioner for a felony, in any federal court or state court in the United States and (2) the petitioner is not free on bond or personal recognizance pending trial, appeal, or sentencing in any federal court or state court in the United States for a crime which would prohibit the person from having his or her petition for expunction under this section granted. Removes references to specific waiting period times in finding related to other felony or misdemeanor convictions required to grant petition for expunction and in finding related to completing the waiting period itself.
Effective December 1, 2023, and applies to petitions filed on or after that date.
Makes organizational changes to account for newly added sections. Makes conforming changes to act’s long and short titles.
Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Court System, Administrative Office of the Courts, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Government, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Mental Health
-
Bill H 193 (2023-2024)Summary date: Apr 5 2023 - View summary
House committee substitute to the 1st edition makes the following changes. Repeals GS 7A-174 (requiring magistrates to be bonded before taking office). Makes technical changes to GS 7A-11 (pertaining to the Clerk of the Supreme Court) and makes language gender neutral.
Amends GS 120C-500(d) (pertaining to liaison personnel under State lobbying law) to exempt the Conference of District Attorneys from the number of liaison personnel to lobby for legislative action designated by the Chief Justice of the Supreme Court so long as the Conference of District Attorneys complies with the designation provisions of GS 120C-500 (currently, just Office of Administrative Hearings exempt from the number of liaison personnel). Makes technical changes. Effective July 1, 2023.
Makes technical changes to GS 7A-147(c) (pertaining to training for specialized judgeships) and GS 58-72-50 (approval, acknowledgment, and custody of bonds).
Amends GS 7A-146 (pertaining to the administrative authority and duties of chief district judge) as follows. Amends power to assign magistrates to a temporary duty outside of their county during exigent circumstances to provide that the chief district judge may, in writing, delegate the authority to assign those magistrates to an appointed chief magistrate. A chief magistrate with authority delegated under this subdivision must make monthly reports to the chief district judge of the times and places actually served by each magistrate. Permits the chief district judge to delegate, in writing, the authority to designate magistrates who appoint counsel and accept waivers of counsel to an appointed chief magistrate. Allows chief district judge to delegate to an appointed chief magistrate to make preliminary investigations into written complaints against magistrates and to make a written report of their preliminary findings to the chief district judge. However, the delegation cannot authorize the chief magistrate to make written findings of misconduct or take any disciplinary action. Makes conforming changes to allow for the new delegations of authority.
Amends GS 132-1.10 (pertaining to Social Security numbers and other personal identifying information in public records) as follows. Makes technical change. Allows a register of deeds, clerk of court, or the Administrative Office of the Courts to remove from images or copies of publicly accessible official records any information that is confidential under applicable law, in addition to identifying and financial information already listed. Specifies that no requirements under GS 75-65 (pertaining to protection from security breaches) will be imposed on a register of deeds or clerk of court or their agent for any action related to the enforcement of GS 132-1.10, in addition to exemption from liability (currently just exempts from liability). Makes language gender neutral.
Makes technical changes to effective date. Makes other technical and organizational changes.
-
Bill H 193 (2023-2024)Summary date: Feb 23 2023 - View summary
Effective October 1, 2023, amends GS 1-239(a) (payment of money judgments) by authorizing payment of money judgments by credit card, debit card, or other electronic payment to the clerk of court where the judgment was rendered under procedures approved by the Director of the Administrative Office of the Courts (AOC). Makes conforming change to GS 1-239.
Makes technical corrections to GS 7A-451(a) to refer to correct statutory provisions.
Makes technical corrections to section 3(d) of SL 2022-54 to refer to correct statutory provisions.
Repeals GS 7A-304(a2), which required AOC to report on the implementation of the notice of waiver of costs.
Repeals GS 7A-107 (requiring AOC to require or purchase individual or blanket bonds for clerks, assistant clerks, deputy clerks, and other persons employed in the various clerks of superior court). Makes conforming changes to GS 7A-11 and 7A-20(a) by deleting requirements that the bond for clerks of the Supreme Court and Court of Appeals be bonded in the same manner as the superior court clerks.
Enacts GS 7A-415 allowing the Conference of District Attorneys (Conference) to employ resource prosecutors vested with the same authority, power, and privileges as an assistant district attorney serving in the requesting district attorney’s office who are appointed by the executive director. Specifies that a resource attorney has to be licensed and eligible to practice law in North Carolina, must take the same oath as other district attorneys, and serves at the pleasure of the executive director. Enacts GS 7A-416 authorizing the Conference to designate a legislative liaison to lobby for legislative action in accordance with state law. Effective July 1, 2023.
Amends GS 7A-147(c) (establishing training for juvenile judges on adverse childhood experiences) by requiring that the training plan include trauma-informed training on recognizing and mitigating adverse childhood experiences and adverse community environments.
Amends GS 9-6(b) (jury excusal) by adding the clerk of the superior court, as another person who, with their consent, may be assigned the duty of passing on applications for excuses from jury service by the chief district judge. (Currently, chief district judge only assigns applications to judicial support staff.) Makes conforming changes to GS Section 9-6(b) and GS Section 9-6.1. Effective October 1, 2023.
Makes clarifying changes to GS 58-72-50.
Amends GS 162-9 to specify that official bonds of the sheriffs should be registered by the board of county commissioners with the register of deeds and filed with the clerk of superior court. (Currently command is to just to have the county commissioners cause the bond to be “registered” and “deposited” with the clerk of superior court.)
Includes severability clause.