GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

H                                                                                                                                                    3

HOUSE BILL 1896

Corrected Copy 5/17/06

 Committee Substitute Favorable 6/12/06

 

 

 

Short Title:     Sex Offender Registration Changes.

(Public)

Sponsors:

 

Referred to:

 

May 11, 2006

A BILL TO BE ENTITLED

AN ACT TO add statutory rape of a thirteen‑, fourteen‑, or fifteen‑year old by a person at least six years older to the list of offenses requiring sex offender registration; to require offenders to provide in‑person registration, annual verification, and notification of changes; to require notification to an offender's registering sheriff of an offender's out‑of‑county employment where a temporary residence is established; to provide an offender of earlier notice of his annual obligation to verify registration; to require sheriffs to take photographs of offenders at the time of registration; to authorize sheriffs to verify a registrant's address and to update a registrant's photograph; to add a willful requirement to the criminal penalties for failure to comply with the registration requirements under G.S. 14‑208.11; to make it a class H felony to harbor or otherwise aid a sex offender who is in noncompliance with the registration requirements; to authorize the extension of the registration period for up to ten years for willful failure to comply with registration requirements; to make it a class F felony for a sex offender to reside within one thousand feet of a public or nonpublic school, a child care center, or a public swimming pool; to expand the definition of 'sexual contact' as it relates to the offense of sexual battery; and to authorize the department of correction to study the mental health treatment practices of sex offenders.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 14‑208.6(5) reads as rewritten:

"(5)      'Sexually violent offense' means a violation of G.S. 14‑27.2 (first degree rape), G.S. 14‑27.3 (second degree rape), G.S. 14‑27.4 (first degree sexual offense), G.S. 14‑27.5 (second degree sexual offense), G.S. 14‑27.5A (sexual battery), G.S. 14‑27.6 (attempted rape or sexual offense), G.S. 14‑27.7 (intercourse and sexual offense with certain victims), G.S. 14‑27.7A(a) (statutory rape or sexual offense of person who is 13‑, 14‑, or 15‑years‑old where the defendant is at least six years older), G.S. 14‑178 (incest between near relatives), G.S. 14‑190.6 (employing or permitting minor to assist in offenses against public morality and decency), G.S. 14‑190.9(a1) (felonious indecent exposure), G.S. 14‑190.16 (first degree sexual exploitation of a minor), G.S. 14‑190.17 (second degree sexual exploitation of a minor), G.S. 14‑190.17A (third degree sexual exploitation of a minor), G.S. 14‑190.18 (promoting prostitution of a minor), G.S. 14‑190.19 (participating in the prostitution of a minor), G.S. 14‑202.1 (taking indecent liberties with children), or G.S. 14‑202.3 (Solicitation of child by computer to commit an unlawful sex act). The term also includes the following: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses."

SECTION 1.(b)  This section becomes effective December 1, 2006, and applies to offenses committed on or after that date.

SECTION 2.(a)  G.S. 14‑208.6A reads as rewritten:

"§ 14‑208.6A.  Lifetime registration requirements for criminal offenders.

It is the objective of the General Assembly to establish a 10‑year registration requirement for persons convicted of certain offenses against minors or sexually violent offenses. It is the further objective of the General Assembly to establish a more stringent set of registration requirements for recidivists, persons who commit aggravated offenses, and for a subclass of highly dangerous sex offenders who are determined by a sentencing court with the assistance of a board of experts to be sexually violent predators.

To accomplish this objective, there are established two registration programs: the Sex Offender and Public Protection Registration Program and the Sexually Violent Predator Registration Program. Any person convicted of an offense against a minor or of a sexually violent offense as defined by this Article shall register in person as an offender in accordance with Part 2 of this Article. Any person who is a recidivist, who commits an aggravated offense, or who is determined to be a sexually violent predator shall register in person as such in accordance with Part 3 of this Article.

The information obtained under these programs shall be immediately shared with the appropriate local, State, federal, and out‑of‑state law enforcement officials and penal institutions. In addition, the information designated under G.S. 14‑208.10(a) as public record shall be readily available to and accessible by the public. However, the identity of the victim is not public record and shall not be released as a public record."

SECTION 2.(b)  This section becomes effective December 1, 2006.

SECTION 3.(a)  G.S. 14‑208.6B reads as rewritten:

"§ 14‑208.6B.  Registration requirements for juveniles transferred to and convicted in superior court.

A juvenile transferred to superior court pursuant to G.S. 7B‑2200 who is convicted of a sexually violent offense or an offense against a minor as defined in G.S. 14‑208.6 shall register in person in accordance with this Article just as an adult convicted of the same offense must register."

SECTION 3.(b)  This section becomes effective December 1, 2006.

SECTION 4.(a)  Part 2 of Article 27A of Chapter 14 is amended by adding a new section to read:

"§ 14‑208.8A.  Notification requirement for out‑of‑county employment if temporary residence established.

(a)       Notice Required. – A person required to register under G.S. 14‑208.7 shall notify the sheriff of the county with whom the person is registered of the person's place of employment and temporary residence, which includes a hotel, motel, or other transient lodging place, if the person meets both of the following conditions:

(1)       Is employed or carries on a vocation in a county in the State other than the county in which the person is registered for more than 10 business days within a 30‑day period, or for an aggregate period exceeding 30 days in a calendar year, on a part‑time or full‑time basis, with or without compensation or government or educational benefit.

(2)       Maintains a temporary residence, including  in that county for more than 10 business days within a 30‑day period, or for an aggregate period exceeding 30 days in a calendar year.

(b)       Time Period. – The notice required by subsection (a) of this section shall be provided within 48 hours after the person knows or should know that he or she will be working and maintaining a temporary residence in a county other than the county in which the person resides for more than 10 business days within a 30‑day period, or within 10 days after the person knows or should know that he or she will be working and maintaining a temporary residence in a county other than the county in which the person resides for an aggregate period exceeding 30 days in a calendar year.

(c)       Notice to Division. – Upon receiving the notice required under subsection (a) of this section, the sheriff shall immediately forward the information to the Division. The Division shall notify the sheriff of the county where the person is working and maintaining a temporary residence of the person's place of employment and temporary address in that county."

SECTION 4.(b)  This section becomes effective June 1, 2007.

SECTION 5.(a)  G.S. 14‑208.7 is amended by adding a new subsection to read:

"(d)      In‑Person Registration Required. – Any person required to register under this section shall report in person at the appropriate sheriff's office to comply with the registration requirements set out in this section."

SECTION 5.(b)  This section becomes effective December 1, 2006.

SECTION 6.(a)  G.S. 14‑208.9 reads as rewritten:

"§ 14‑208.9.  Change of address; change of academic status or educational employment status.

(a)       In‑State Address Change. – If a person required to register changes address, address within the same county, the person shall report in person and provide written notice of the new address not later than the tenth day after the change to the sheriff of the county with whom the person had last registered. that county. Upon receipt of the notice, the sheriff shall immediately forward this information to the Division. If the person moves to another county in this State, the he or she shall report in person to the sheriff of the new county and provide written notice of the new address. The person shall also provide written notice of the new address to the sheriff of the county from which the person had last registered not later than the tenth day after moving to the new county. When the Division receives information that a person is moving from one county to another county in this State, the Division shall inform the sheriff of the new county of the person's new residence.

(b)       Out‑of‑State Address Change. – If a person required to register moves to another state, the person shall provide written notice of the new address not later than 10 days after the change to the sheriff of the county with whom the person had last registered. The person shall report in person to provide the written notice. Upon receipt of the notice, the sheriff shall notify inform the person that the person must comply with the registration requirements in the new state of residence. The sheriff shall also immediately forward the change of address information to the Division, and the Division shall inform the appropriate state official in the state to which the registrant moves of the person's new address.

(c)       Change of Academic Status. – If a person required to register changes his or her academic status either by enrolling as a student or by terminating enrollment as a student, then the person shall report in person to the sheriff of the county with whom the person registered and provide written notice of the person's new status not later than the tenth day after the change to the sheriff of the county with whom the person registered. The written notice shall include the name and address of the institution of higher education at which the student is or was enrolled. Upon receipt of the notice, the sheriff shall immediately forward this information to the Division.

(d)       Change of Employment Status. – If a person required to register changes his or her employment status either by obtaining employment at an institution of higher education or by terminating employment at an institution of higher education, then the person shall report in person to the sheriff of the county with whom the person registered and provide written notice of the person's new status not later than the tenth day after the change to the sheriff of the county with whom the person registered. The written notice shall include the name and address of the institution of higher education at which the person is or was employed. Upon receipt of the notice, the sheriff shall immediately forward this information to the Division."

SECTION 6.(b)  This section becomes effective December 1, 2006.

SECTION 7.(a)  G.S. 14‑208.9A reads as rewritten:

"§ 14‑208.9A.  Verification of registration information.information; additional verification and photograph may be required.

(a)       Annual Verification. – The information in the county registry shall be verified annually for each registrant as follows:

(1)       Every year on Thirty days prior to the anniversary of a person's initial registration date, the Division shall annually mail a nonforwardable verification form to the last reported address of the person.person and shall also notify the sheriff of the county of the offender's last reported address that the verification form has been mailed.

(2)       The person shall return the verification form in person to the sheriff within 10 days after the receipt of the form.

(3)       The verification form shall be signed by the person and shall indicate whether the person still resides at the address last reported to the sheriff. If the person has a different address, then the person shall indicate that fact and the new address.

(3a)     At the time the person returns the verification form, the sheriff shall take a photograph of the registrant to include with the verification form.

(4)       If the person fails to return the verification form in person to the sheriff within 10 days after receipt of the form, the person is subject to the penalties provided in G.S. 14‑208.11. If the verification form is returned to the sheriff as undeliverable,person fails to report in person and provide the written verification as provided by this section, the sheriff shall make a reasonable attempt to verify that the person is residing at the registered address. If the person cannot be found at the registered address and has failed to report a change of address, the person is subject to the penalties provided in G.S. 14‑208.11, unless the person reports in person to the sheriff and proves that the person has not changed his or her residential address.

(b)       Additional Verification May Be Required. – During the period that an offender is required to be registered under this Article, the sheriff is authorized to attempt to verify that the offender continues to reside at the address last registered by the offender.

(c)       Additional Photograph May Be Required. – If it appears to the sheriff that the current photograph of the sex offender no longer provides a true and accurate likeness of the sex offender, upon in person notice from the sheriff, the sex offender shall allow the sheriff to take another photograph of the sex offender at the time of the sheriff's request.  If requested by the sheriff, the sex offender shall appear in person at the sheriff's office during normal business hours within 72 hours of being requested to do so and shall allow the sheriff to take another photograph of the sex offender. A person who willfully fails to comply with this subsection is guilty of a Class 1 misdemeanor."

SECTION 7.(b)  This section becomes effective December 1, 2006, and applies to offenses that occur on or after that date.  

SECTION 8.(a)  G.S. 14‑208.11(a) reads as rewritten:

"(a)      A person required by this Article to register who willfully does any of the following is guilty of a Class F felony:

(1)       Fails to register.register as required by this Article.

(2)       Fails to notify the last registering sheriff of a change of address.address as required by this Article.

(3)       Fails to return a verification notice as required under G.S. 14‑208.9A.

(4)       Forges or submits under false pretenses the information or verification notices required under this Article.

(5)       Fails to inform the registering sheriff of enrollment or termination of enrollment as a student.

(6)       Fails to inform the registering sheriff of employment at an institution of higher education or termination of employment at an institution of higher education."

SECTION 8.(b)  This section becomes effective December 1, 2006, and applies to offenses committed on or after that date.

SECTION 9.(a)  G.S. 14‑208.11(a), as amended by Section 9 of this act, is amended by adding a new subdivision to read:

"(7)      Fails to notify the registering sheriff of out‑of‑county employment if temporary residence is established as required under G.S. 14‑208.8A."

SECTION 9.(b)  This section becomes effective June 1, 2007, and applies to offenses committed on or after that date.

SECTION 9.1.(a)  Article 27A of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑208.11A.  Duty to report noncompliance of a sex offender; penalty for failure to report in certain circumstances.

(a)       Any person who has reason to believe that an offender required to register under this Article is not complying, or has not complied with the requirements of this Article and who, with the intent to assist the offender in eluding a law enforcement agency that is seeking to find the offender to question the offender about, or to arrest the offender for his or her noncompliance with the requirements of this Article and who does any of the following is guilty of a Class H felony:

(1)       Withholds information from, or does not notify, the law enforcement agency about the offender's noncompliance with the requirements of this Article and, if known, the whereabouts of the offender.

(2)       Harbors, or attempts to harbor, or assists another person in harboring, or attempting to harbor, the offender.

(3)       Conceals, or attempts to conceal, or assist another person in concealing, or attempting to conceal, the offender.

(4)       Provides information to the law enforcement agency regarding the offender that the person knows to be false information.

(b)       This section does not apply if the offender is incarcerated in or is in the custody of a local, State, private, or federal correctional facility."

SECTION 9.1.(b)  This section becomes effective December 1, 2006, and applies to offenses committed on or after that date.

SECTION 10.(a)  G.S. 14‑208.12A reads as rewritten:

"§ 14‑208.12A.  Termination of registration requirement.

(a)       Automatic Termination. – The requirement that a person register under this Part automatically terminates 10 years from the date of initial county registration if the person has complied with the provisions of this Article during the 10‑year registration period and the person has not been convicted of a subsequent offense requiring registration under this Article.

(b)       Maintain Registration Until Registration Requirement Complete. – If there is a subsequent offense, the county registration records shall be retained until the registration requirement for the subsequent offense is terminated.

(c)       Extension of Registration for Willful Failure to Comply. – If a person willfully failed to comply with the provisions of this Article during the 10‑year registration period, the district attorney in the jurisdiction in which the person resides may petition the court not to terminate the registration requirement and to require the person to continue to maintain registration under the provisions of this Article for a period not to exceed 10 years. If the court finds that the person has willfully failed to comply with the provisions of this Article during the 10‑year registration period, the court may grant the petition not to terminate the registration and shall enter an order requiring the person to continue to maintain the registration requirements for a period not to exceed 10 years."

SECTION 10.(b)  This section becomes effective December 1, 2006, and applies to persons for whom the period of registration would terminate on or after that date.

SECTION 11.(a)  Article 27A of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑208.16.  Residential restrictions.

(a)       A person required to register under this Part, or Part 3 of this Article, shall not knowingly reside within 1,000 feet of the property on which any public or nonpublic school, child care center, or public swimming pool is located.

(b)       As used in this section, 'school' does not include home schools as defined in G.S. 115C‑563 or institutions of higher education.

(c)       This section does not apply to child care centers that are located on or within 1,000 feet of the property of an institution of higher education where the registrant is a student or is employed.

(d)       Changes in the ownership of or use of property within 1,000 feet of a registrant's registered address that occur after a registrant establishes residency at the registered address shall not form the basis for finding that an offender is in violation of this section. For purposes of this subsection, residency is established when the registrant purchases a residence, enters into a specifically enforceable contract to purchase a residence, or enters into a written lease contract for a residence.

(e)       Violation of this section is a Class F Felony."

SECTION 11.(b)  This section becomes effective December 1, 2006, and applies to all persons registered or required to register on or after that date.  This section does not apply to persons who have established a residence prior to the effective date of this section by purchasing the residency or entering into a written lease contract for the residency.  Residences established through a written lease contract prior to the effective date of this act may not be continued beyond the definite period of time specified in the lease at its execution.

SECTION 12.(a)  G.S. 14‑27.1(5) reads as rewritten:

"(5)      'Sexual contact' means (i) touching the sexual organ, anus, breast, groin, or buttocks of any person, or (ii) a person touching another person with their own sexual organ, anus, breast, groin, or buttocks.buttocks, or (iii) a person ejaculating, emitting, or placing semen, urine, or feces upon any part of another person."

SECTION 12.(b)  This section becomes effective December 1, 2006, and applies to offenses committed on or after that date.

SECTION 13.  The Department of Correction shall study and develop a plan for offering mental health treatment for incarcerated sex offenders designed to reduce the likelihood of recidivism.  The Department shall study appropriate and effective mental health treatment techniques and alternatives. Services must be best practices, as determined by the Department.  The Department will consult various stakeholders from organizations dedicated to the prevention of sexual assault, victims' advocacy organizations, and experts in the field of treatment of sexual offenders.  The Department shall consider the fiscal impact, if any, of implementing the plan developed pursuant to this study.

The Department shall make a preliminary report to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services no later than January 15, 2007, and a final report to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services and the General Assembly on or before October 1, 2007.

SECTION 14.  The provisions of this act are severable. If any provision is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions of the act that can be given effect without the invalid provision.

SECTION 15.  Except as otherwise provided in this act, this act is effective when it becomes law.