GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
S 4
SENATE BILL 61
House Committee Substitute Favorable 7/28/05
House Committee Substitute #2 Favorable 8/30/05
House Committee Substitute #3 Favorable 8/31/05
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Short Title: Felony Death by Vehicle/Sex Offender Amend. |
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Sponsors: |
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Referred to: |
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February 7, 2005
A BILL TO BE ENTITLED
AN ACT to strengthen the laws against impaired driving by increasing the punishment for felony death by VEHICle and to provide that a victim of a sexually violent offense or the victim's family may obtain a civil no-contact order against a registered offender who resides or works at a place of employment within a quarter mile of the victim and to fund certain positions from the dwi reserve fund and to change the counties eligible for tier one designations under the bill lee act for last quarter of calendar year 2005.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20-141.4 reads as rewritten:
"§ 20-141.4. Felony and misdemeanor death by vehicle.
(a) Repealed by Session Laws 1983, c. 435, s. 27.
(a1) Felony Death by Vehicle. - A person commits the offense of felony death by vehicle if he unintentionally causes the death of another person while engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2 and commission of that offense is the proximate cause of the death.
(a2) Misdemeanor Death by Vehicle. - A person commits the offense of misdemeanor death by vehicle if he unintentionally causes the death of another person while engaged in the violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20-138.1, and commission of that violation is the proximate cause of the death.
(b) Punishments. - Felony
death by vehicle is a Class G E felony. Misdemeanor death by
vehicle is a Class 1 misdemeanor.
(c) No Double Prosecutions. - No person who has been placed in jeopardy upon a charge of death by vehicle may be prosecuted for the offense of manslaughter arising out of the same death; and no person who has been placed in jeopardy upon a charge of manslaughter may be prosecuted for death by vehicle arising out of the same death."
SECTION 2. G.S. 50C-1 is amended by adding the following new subdivisions to read:
"(3a) Registered offender means a person who is required to register under Article 27A of Chapter 14 of the General Statutes.
(4b) Sexually violent offense is as defined in G.S. 14-208.6."
SECTION 3. G.S. 50C-2(a) reads as rewritten:
"(a) An action is commenced under this Chapter by filing a verified complaint for a civil no-contact order in district court or by filing a motion in any existing civil action, by any of the following:
(1) A person who is a
victim of unlawful conduct that occurs in this State.State or who is
a victim of a sexually violent offense.
(2) A competent adult who
resides in this State on behalf of a minor child or an incompetent adult who is
a victim of unlawful conduct that occurs in this State.State or who
is a victim of a sexually violent offense."
SECTION 4. Chapter 50C of the General Statutes is amended by adding a new section to read:
"§ 50C-5.1. Civil no-contact order for victim of sexually violent offense against registered offender; remedy.
(a) The court may also issue temporary or permanent civil no-contact orders as authorized in this Chapter if it makes the following findings:
(1) The victim is the victim of a sexually violent offense committed by the respondent.
(2) The respondent is a registered offender.
(3) The respondent resides or works at a place of employment located within a quarter of a mile of the victim's residence, school, place of employment, or other specified place.
(b) The court may grant one or more of the following forms of relief in its orders under this section:
(1) Order the respondent to refrain from entering or remaining present at the victim's residence, school, place of employment, or other specified places at times when the victim is present.
(2) Order other relief deemed necessary and appropriate by the court.
(c) A civil no-contact order issued under this section shall include the following notice, printed in conspicuous type: 'A knowing violation of a civil no-contact order shall be punishable as contempt of court which may result in a fine or imprisonment'."
SECTION 5. G.S. 50C-7 reads as rewritten:
"§ 50C-7. Permanent civil no-contact order.
Upon a finding that the victim victim: (i) has
suffered unlawful conduct committed by the respondent, respondent, or
(ii) is the victim of a sexually violent offense and the respondent is a
registered offender who resides or works at a place of employment located within
a quarter of a mile of the victim's residence, school, place of employment, or
other specified place, a permanent civil no-contact order may issue if the
court additionally finds that process was properly served on the respondent,
the respondent has answered the complaint and notice of hearing was given, or
the respondent is in default. No permanent civil no-contact order shall be
issued without notice to the respondent."
SECTION 6.(a) Effective December 1, 2005, G.S. 7A-133(a) reads as rewritten:
"(a) Each district court district shall have the numbers of judges as set forth in the following table:
District Judges County
1 5 Camden
Chowan
Currituck
Dare
Gates
Pasquotank
Perquimans
2 4 Martin
Beaufort
Tyrrell
Hyde
Washington
3A 5 Pitt
3B 5 Craven
Pamlico
Carteret
4 8 Sampson
Duplin
Jones
Onslow
5 8 New Hanover
Pender
6A 2 Halifax
6B 3 Northampton
Bertie
Hertford
7 7 Nash
Edgecombe
Wilson
8 6 Wayne
Greene
Lenoir
9 4 Granville
(part of Vance
see subsection (b))
Franklin
9A 2 Person
Caswell
9B 2 Warren
(part of Vance
see subsection (b))
10 15 Wake
11 8 Harnett
Johnston
Lee
12 9 Cumberland
13 6 Bladen
Brunswick
Columbus
14
6 7
Durham
15A 4 Alamance
15B 4 Orange
Chatham
16A 3 Scotland
Hoke
16B 5 Robeson
17A 2 Rockingham
17B 4 Stokes
Surry
18 12 Guilford
19A 4 Cabarrus
19B 6 Montgomery
Moore
Randolph
19C 4 Rowan
20 7 Stanly
Union
Anson
Richmond
21 9 Forsyth
22 9 Alexander
Davidson
Davie
Iredell
23 4 Alleghany
Ashe
Wilkes
Yadkin
24 4 Avery
Madison
Mitchell
Watauga
Yancey
25 8 Burke
Caldwell
Catawba
26 17 Mecklenburg
27A 6 Gaston
27B 4 Cleveland
Lincoln
28 6 Buncombe
29 7 Henderson
McDowell
Polk
Rutherford
Transylvania
30 5 Cherokee
Clay
Graham
Haywood
Jackson
Macon
Swain."
SECTION 6.(b) The Governor shall appoint the additional district court judge for District 14 authorized by subsection (a) of this section, and that judge's successor shall be elected in the 2006 general election for a four-year term commencing on the first Monday in December 2006.
SECTION 6.(c) Effective December 1, 2006, G.S. 7A-133(a), as amended by subsection (a) of this section, reads as rewritten:
"(a) Each district court district shall have the numbers of judges as set forth in the following table:
District Judges County
1 5 Camden
Chowan
Currituck
Dare
Gates
Pasquotank
Perquimans
2 4 Martin
Beaufort
Tyrrell
Hyde
Washington
3A 5 Pitt
3B 5 Craven
Pamlico
Carteret
4 8 Sampson
Duplin
Jones
Onslow
5 8 New Hanover
Pender
6A 2 Halifax
6B 3 Northampton
Bertie
Hertford
7 7 Nash
Edgecombe
Wilson
8 6 Wayne
Greene
Lenoir
9 4 Granville
(part of Vance
see subsection (b))
Franklin
9A 2 Person
Caswell
9B 2 Warren
(part of Vance
see subsection (b))
10 15 Wake
11 8 Harnett
Johnston
Lee
12 9 Cumberland
13 6 Bladen
Brunswick
Columbus
14 7 Durham
15A 4 Alamance
15B
4 5
Orange
Chatham
16A 3 Scotland
Hoke
16B 5 Robeson
17A 2 Rockingham
17B 4 Stokes
Surry
18 12 Guilford
19A 4 Cabarrus
19B 6 Montgomery
Moore
Randolph
19C 4 Rowan
20 7 Stanly
Union
Anson
Richmond
21 9 Forsyth
22 9 Alexander
Davidson
Davie
Iredell
23 4 Alleghany
Ashe
Wilkes
Yadkin
24 4 Avery
Madison
Mitchell
Watauga
Yancey
25 8 Burke
Caldwell
Catawba
26 17 Mecklenburg
27A 6 Gaston
27B 4 Cleveland
Lincoln
28 6 Buncombe
29 7 Henderson
McDowell
Polk
Rutherford
Transylvania
30 5 Cherokee
Clay
Graham
Haywood
Jackson
Macon
Swain."
SECTION 6.(d) The additional district court judge for District 15B authorized by subsection (c) of this section shall be elected in the 2006 general election to serve a four-year term commencing on the first Monday in December 2006.
SECTION 6.(e) Effective December 1, 2005, G.S. 7A-60(a1) reads as rewritten:
"(a1) The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full-time assistant district attorneys set forth in the following table:
No. of Full-Time
Prosecutorial Asst. District
District Counties Attorneys
1 Camden, Chowan, Currituck, 10
Dare, Gates, Pasquotank,
Perquimans
2 Beaufort, Hyde, Martin, 6
Tyrrell, Washington
3A Pitt 9
3B Carteret, Craven, Pamlico 10
4 Duplin, Jones, Onslow, 14
Sampson
5 New Hanover, Pender 14
6A Halifax 4
6B Bertie, Hertford, 4
Northampton
7 Edgecombe, Nash, Wilson 16
8 Greene, Lenoir, Wayne 11
9 Franklin, Granville, 11
Vance, Warren
9A
Person,
Caswell
4 5
10 Wake 31
11 Harnett, Johnston, Lee 14
12 Cumberland 18
13 Bladen, Brunswick, Columbus 11
14
Durham
13 15
15A
Alamance
8 9
15B Orange, Chatham 7
16A Scotland, Hoke 5
16B Robeson 10
17A Rockingham 5
17B
Stokes, Surry
5 6
18 Guilford 27
19A Cabarrus 6
19B Montgomery, Moore, Randolph 11
19C Rowan 5
20 Anson, Richmond, 15
Stanly, Union
21 Forsyth 17
22 Alexander, Davidson, Davie, 16
Iredell
23 Alleghany, Ashe, Wilkes, 5
Yadkin
24 Avery, Madison, Mitchell, 4
Watauga, Yancey
25 Burke, Caldwell, Catawba 15
26 Mecklenburg 36
27A Gaston 12
27B Cleveland, 9
Lincoln
28 Buncombe 11
29 Henderson, McDowell, Polk, 11
Rutherford, Transylvania
30 Cherokee, Clay, Graham, 9
Haywood, Jackson, Macon,
Swain."
SECTION 6.(f) There is appropriated from the Reserve for DWI Task Force Recommendations established in S.L. 2005-276 to the Judicial Department the sum of three hundred eighty-one thousand nine hundred seventy-three dollars ($381,973) for the 2005-2006 fiscal year and the sum of six hundred seventy thousand nine hundred five dollars ($670,905) for the 2006-2007 fiscal year to establish the additional district court judge for District 14 authorized by subsection (a) of this section, the additional district court judge for District 15B authorized by subsection (c) of this section, the additional assistant district attorney positions established for Districts 9A, 14, 15A, and 17B by subsection (e) of this section, a new deputy clerk position for Durham County, and a new deputy clerk position for Orange County.
SECTION 6.(g) Subsection (c) of this section becomes effective December 1, 2006. The remainder of this section becomes effective December 1, 2005.
SECTION 7.(a) The General Assembly finds that counties with high unemployment need additional assistance to hasten their economic recovery. Therefore, a county whose rank in a ranking of counties from highest to lowest by average rate of unemployment for the applicable 12-month period is one of the 10 highest in the State is designated an enterprise tier one area for the last quarter of calendar year 2005. The applicable 12-month period is November 2003 to October 2004, based upon the unemployment data available in December 2004. This section applies to letters of commitment signed during that quarter and to business activities occurring during that quarter. A county designated as an enterprise tier one area under this section is considered to have the tier one designation for the 2005 calendar year for the purposes of G.S. 105-129.3(c).
SECTION 7.(b) This section is effective when it becomes law.
SECTION 8. Section 1 of this act becomes effective December 1, 2005, and applies to offenses committed on or after that date. Except as otherwise provided, the remainder of this act becomes effective October 1, 2005.