S706: Technical and Other Changes. Latest Version



AN ACT to make technical, clarifying, and other changes to statutes and session laws.

The General Assembly of North Carolina enacts:

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

§ 14‑208.6.  Definitions.

The following definitions apply in this Article:



(1c)      Department. – The Department of Public Safety.



(8)        Statewide registry. – The central registry compiled by the Department State Bureau of Investigation in accordance with G.S. 14‑208.14.

….

SECTION 1.(b)  G.S. 14‑208.7 reads as rewritten:

§ 14‑208.7.  Registration.



(b)        The Department of Public Safety State Bureau of Investigation shall provide each sheriff with forms for registering persons as required by this Article. The registration form shall require all of the following:

(1)        The person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color, drivers license number, and home address.

(1a)      A statement indicating what the person's name was at the time of the conviction for the offense that requires registration; what alias, if any, the person was using at the time of the conviction of that offense; and the name of the person as it appears on the judgment imposing the sentence on the person for the conviction of the offense.

(2)        The type of offense for which the person was convicted, the date of conviction, and the sentence imposed.

(3)        A current photograph taken by the sheriff, without charge, at the time of registration.

(4)        The person's fingerprints taken by the sheriff, without charge, at the time of registration.

(5)        A statement indicating whether the person is a student or expects to enroll as a student within a year of registering. If the person is a student or expects to enroll as a student within a year of registration, then the registration form shall also require the name and address of the educational institution at which the person is a student or expects to enroll as a student.

(6)        A statement indicating whether the person is employed or expects to be employed at an institution of higher education within a year of registering. If the person is employed or expects to be employed at an institution of higher education within a year of registration, then the registration form shall also require the name and address of the educational institution at which the person is or expects to be employed.

(7)        Any online identifier that the person uses or intends to use.

(c)        When a person registers, the sheriff with whom the person registered shall immediately send the registration information to the Department of Public Safety State Bureau of Investigation in a manner determined by the Department of Public Safety. State Bureau of Investigation. The sheriff shall retain the original registration form and other information collected and shall compile the information that is a public record under this Part into a county registry.

….

SECTION 1.(c)  G.S. 14‑208.8(a) reads as rewritten:

(a)      At least 10 days, but not earlier than 30 days, before a person who will be subject to registration under this Article is due to be released from a penal institution, an official of the penal institution shall do all of the following:

(1)        Inform the person of the person's duty to register under this Article and require the person to sign a written statement that the person was so informed or, if the person refuses to sign the statement, certify that the person was so informed.

(2)        Obtain the registration information required under G.S. 14‑208.7(b)(1), (2), (5), (6), and (7), as well as the address where the person expects to reside upon the person's release.

(3)        Send the Department of Public Safety State Bureau of Investigation and the sheriff of the county in which the person expects to reside the information collected in accordance with subdivision (2) of this subsection.

SECTION 1.(d)  G.S. 14‑208.8A(c) reads as rewritten:

(c)      Notice to Department of Public Safety. State Bureau of Investigation. – Upon receiving the notice required under subsection (a) of this section, the sheriff shall immediately forward the information to the Department of Public Safety. State Bureau of Investigation. The Department of Public Safety State Bureau of Investigation 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 1.(e)  G.S. 14‑208.9 reads as rewritten:

§ 14‑208.9.  Change of address; change of academic status or educational employment status; change of online identifier; change of name.

(a)        If a person required to register changes address, the person shall report in person and provide written notice of the new address not later than the third business day after the change to the sheriff of the county with whom the person had last registered. If the person moves to another county, the person shall also report in person to the sheriff of the new county and provide written notice of the person's address not later than the tenth day after the change of address. Upon receipt of the notice, the sheriff shall immediately forward this information to the Department of Public Safety. State Bureau of Investigation. When the Department of Public Safety State Bureau of Investigation receives notice from a sheriff that a person required to register is moving to another county in the State, the Department of Public Safety State Bureau of Investigation shall inform the sheriff of the new county of the person's new residence.

(b)        If a person required to register intends to move to another state, the person shall report in person to the sheriff of the county of current residence at least three business days before the date the person intends to leave this State to establish residence in another state or jurisdiction. The person shall provide to the sheriff a written notification that includes all of the following information: the address, municipality, county, and state of intended residence.

(1)        If it appears to the sheriff that the record photograph of the sex offender no longer provides a true and accurate likeness of the sex offender, then the sheriff shall take a photograph of the offender to update the registration.

(2)        The sheriff shall 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 information included in the notification to the Department of Public Safety, State Bureau of Investigation, and the Department of Public Safety State Bureau of Investigation shall inform the appropriate state official in the state to which the registrant moves of the person's notification and new address.

(b1)      A person who indicates his or her intent to reside in another state or jurisdiction and later decides to remain in this State shall, within three business days after the date upon which the person indicated he or she would leave this State, report in person to the sheriff's office to which the person reported the intended change of residence, of his or her intent to remain in this State. If the sheriff is notified by the sexual offender that he or she intends to remain in this State, the sheriff shall promptly report this information to the Department of Public Safety.State Bureau of Investigation.

(c)        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, within three business days, report in person to the sheriff of the county with whom the person registered and provide written notice of the person's new status. The written notice shall include the name and address of the institution of higher education at which the student is or was enrolled. The sheriff shall immediately forward this information to the Department of Public Safety.State Bureau of Investigation.

(d)       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, within three business days, 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. The sheriff shall immediately forward this information to the Department of Public Safety.State Bureau of Investigation.

(e)        If a person required to register changes an online identifier, or obtains a new online identifier, then the person shall, within 10 days, report in person to the sheriff of the county with whom the person registered to provide the new or changed online identifier information to the sheriff. The sheriff shall immediately forward this information to the Department of Public Safety.State Bureau of Investigation.

(f)        If a person required to register changes his or her name pursuant to Chapter 101 of the General Statutes or by any other method, then the person shall, within three business days, report in person to the sheriff of the county with whom the person registered to provide the name change to the sheriff. The sheriff shall immediately forward this information to the Department of Public Safety.State Bureau of Investigation.

SECTION 1.(f)  G.S. 14‑208.9A(a) reads as rewritten:

(a)      The information in the county registry shall be verified semiannually for each registrant as follows:

(1)        Every year on the anniversary of a person's initial registration date, and again six months after that date, the Department of Public Safety State Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person.

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

(3)        The verification form shall be signed by the person and shall indicate the following:

a.         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.

b.         Whether the person still uses or intends to use any online identifiers last reported to the sheriff. If the person has any new or different online identifiers, then the person shall provide those online identifiers to the sheriff.

c.         Whether the person still uses or intends to use the name under which the person registered and last reported to the sheriff. If the person has any new or different name, then the person shall provide that name to the sheriff.

(3a)      If it appears to the sheriff that the record photograph of the sex offender no longer provides a true and accurate likeness of the sex offender, then the sheriff shall take a photograph of the offender to include with the verification form.

(4)        If the person fails to return the verification form in person to the sheriff within three business days after receipt of the form, the person is subject to the penalties provided in G.S. 14‑208.11. If the 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.

SECTION 1.(g)  G.S. 14‑208.12A(a3) reads as rewritten:

(a3)    If the court denies the petition, the person may again petition the court for relief in accordance with this section one year from the date of the denial of the original petition to terminate the registration requirement. If the court grants the petition to terminate the registration requirement, the clerk of court shall forward a certified copy of the order to the Department of Public Safety State Bureau of Investigation to have the person's name removed from the registry.

SECTION 1.(h)  G.S. 14‑208.13 reads as rewritten:

§ 14‑208.13.  File with Criminal Information Network.

(a)        The Department of Public Safety State Bureau of Investigation shall include the registration information in the Criminal Information Network as set forth in G.S. 143B‑905.

(b)        The Department of Public Safety State Bureau of Investigation shall maintain the registration information permanently even after the registrant's reporting requirement expires.

SECTION 1.(i)  G.S. 14‑208.14 reads as rewritten:

§ 14‑208.14.  Statewide registry; Department of Public Safety State Bureau of Investigation designated custodian of statewide registry.

(a)        The Department of Public Safety State Bureau of Investigation shall compile and keep current a central statewide sex offender registry. The Department State Bureau of Investigation is the State agency designated as the custodian of the statewide registry. As custodian the Department State Bureau of Investigation has the following responsibilities:

(1)        To receive from the sheriff or any other law enforcement agency or penal institution all sex offender registrations, changes of address, changes of academic or educational employment status, and prerelease notifications required under this Article or under federal law. The Department State Bureau of Investigation shall also receive notices of any violation of this Article, including a failure to register or a failure to report a change of address.

(2)        To provide all need‑to‑know law enforcement agencies (local, State, campus, federal, and those located in other states) immediately upon receipt by the Department State Bureau of Investigation of any of the following: registration information, a prerelease notification, a change of address, a change of academic or educational employment status, or notice of a violation of this Article.

(2a)      To notify the appropriate law enforcement unit at an institution of higher education as soon as possible upon receipt by the Department State Bureau of Investigation of relevant information based on registration information or notice of a change of academic or educational employment status. If an institution of higher education does not have a law enforcement unit, then the Department State Bureau of Investigation shall provide the information to the local law enforcement agency that has jurisdiction for the campus.

(3)        To coordinate efforts among law enforcement agencies and penal institutions to ensure that the registration information, changes of address, change of name, prerelease notifications, and notices of failure to register or to report a change of address are conveyed in an appropriate and timely manner.

(4)        To provide public access to the statewide registry in accordance with this Article.

(4a)      To maintain the system for public access so that a registrant's full name, any aliases, and any legal name changes are cross‑referenced and a member of the public may conduct a search of the system for a registrant under any of those names.

(5)        To maintain a system allowing an entity to access a list of online identifiers of persons in the central sex offender registry.

(b)        The statewide registry shall include the following:

(1)        Registration information obtained by a sheriff or penal institution under this Article or from any other local or State law enforcement agency.

(2)        Registration information received from a state or local law enforcement agency or penal institution in another state.

(3)        Registration information received from a federal law enforcement agency or penal institution.

SECTION 1.(j)  G.S. 14‑208.15 reads as rewritten:

§ 14‑208.15.  Certain statewide registry information is public record: access to statewide registry.

(a)        The information in the statewide registry that is public record is the same as in G.S. 14‑208.10. The Department of Public Safety State Bureau of Investigation shall release any other relevant information that is necessary to protect the public concerning a specific person, but shall not release the identity of the victim of the offense that required registration under this Article.

(b)        The Department of Public Safety State Bureau of Investigation shall provide free public access to automated data from the statewide registry, including photographs provided by the registering sheriffs, via the Internet. The public will be able to access the statewide registry to view an individual registration record, a part of the statewide registry, or all of the statewide registry. The Department of Public Safety State Bureau of Investigation may also provide copies of registry information to the public upon written request and may charge a reasonable fee for duplicating costs and mailings costs.

(c)        Upon request of an institution of higher education, the Sheriff of the county in which the educational institution is located shall provide a report containing the registry information for any registrant who has stated that the registrant is a student or employee, or expects to become a student or employee, of that institution of higher education. The Department of Public Safety State Bureau of Investigation shall provide each sheriff with the ability to generate the report from the statewide registry. The report shall be provided electronically without charge. The institution of higher education may receive a written report upon payment of reasonable duplicating costs and mailing costs.

SECTION 1.(k)  G.S. 14‑208.15A reads as rewritten:

§ 14‑208.15A.  Release of online identifiers to entity; fee.

(a)        The Department of Public Safety State Bureau of Investigation may release registry information regarding a registered offender's online identifier to an entity for the purpose of allowing the entity to prescreen users or to compare the online identifier information with information held by the entity as provided by this section.

(b)        An entity desiring to prescreen its users or compare its database of registered users to the list of online identifiers of persons in the statewide registry may apply to the Department of Public Safety State Bureau of Investigation to access the information. An entity that complies with the criteria developed by the Department of Public Safety State Bureau of Investigation regarding the release and use of the online identifier information and pays the fee may screen new users or compare its database of registered users to the list of online identifiers of persons in the statewide registry as frequently as the Department of Public Safety State Bureau of Investigation may allow for the purpose of identifying a registered user associated with an online identifier contained in the statewide registry.

(c)        The Department of Public Safety State Bureau of Investigation may charge an entity that submits a request for the online identifiers of persons in the statewide registry an annual fee of one hundred dollars ($100.00). Fees collected under this section shall be credited to the Department of Public Safety State Bureau of Investigation and applied to the cost of providing this service.

(d)       The Department of Public Safety State Bureau of Investigation shall develop standards regarding the release and use of online identifier information. The standards shall include a requirement that the information obtained from the statewide registry shall not be disclosed for any purpose other than for prescreening its users or comparing the database of registered users of the entity against the list of online identifiers of persons in the statewide registry.

….

SECTION 1.(l)  G.S. 14‑208.22(b) reads as rewritten:

(b)      The Department of Public Safety State Bureau of Investigation shall provide each sheriff with forms for registering persons as required by this Article.

SECTION 1.(m)  G.S. 14‑208.27 reads as rewritten:

§ 14‑208.27.  Change of address.

If a juvenile who is adjudicated delinquent and required to register changes address, the juvenile court counselor for the juvenile shall provide written notice of the new address not later than the third business day after the change to the sheriff of the county with whom the juvenile had last registered. Upon receipt of the notice, the sheriff shall immediately forward this information to the Department of Public Safety. State Bureau of Investigation. If the juvenile moves to another county in this State, the Department of Public Safety State Bureau of Investigation shall inform the sheriff of the new county of the juvenile's new residence.

SECTION 1.(n)  G.S. 14‑208.31 reads as rewritten:

§ 14‑208.31.  File with Criminal Information Network.

(a)        The Department of Public Safety State Bureau of Investigation shall include the registration information in the Criminal Information Network as set forth in G.S. 143B‑905.

(b)        The Department of Public Safety State Bureau of Investigation shall maintain the registration information permanently even after the registrant's reporting requirement expires; however, the records shall remain confidential in accordance with Article 32 of Chapter 7B of the General Statutes.

SECTION 2.(a)  G.S. 15A‑145.8(b), as enacted by Section 11 of S.L. 2019‑186, reads as rewritten:

(b)      The court shall also order the expunction of DNA records when the person's case has been dismissed remanded to the district court for juvenile adjudication by the trial court and the person's DNA record or profile has been included in the State DNA Database and the person's DNA sample is stored in the State DNA Databank as a result of the case that was dismissed. remanded. The order of expungement shall include the name and address of the defendant and the defendant's attorney and shall direct the North Carolina State Crime Laboratory to send a letter documenting expungement as required by subsection (c) of this section.

SECTION 2.(b)  G.S. 7B‑3200(h) reads as rewritten:

(h)      Any person who was alleged to be delinquent as a juvenile and has attained the age of 16 18 years, or was alleged to be undisciplined as a juvenile and has attained the age of 18 years, may file a petition in the court in which the person was alleged to be delinquent or undisciplined, for expunction of all juvenile records of the juvenile having been alleged to be delinquent or undisciplined if the court dismissed the juvenile petition without an adjudication that the juvenile was delinquent or undisciplined. The petition shall be served on the chief court counselor in the district where the juvenile petition was filed. The chief court counselor shall have 10 days thereafter in which to file a written objection in the court. If no objection is filed, the court may grant the petition without a hearing. If an objection is filed or the court so directs, a hearing shall be scheduled and the chief court counselor shall be notified as to the date of the hearing. If the court finds at the hearing that the petitioner satisfies the conditions specified herein, the court shall order the clerk and the appropriate law enforcement agencies to expunge their records of the allegations of delinquent or undisciplined acts including all references to arrests, complaints, referrals, juvenile petitions, and orders. The clerk shall forward a certified copy of the order of expunction to the sheriff, chief of police, or other appropriate law enforcement agency, and to the chief court counselor, and these specified officials shall immediately destroy all records relating to the allegations that the juvenile was delinquent or undisciplined.

SECTION 3.(a)  G.S. 113‑273, as amended by S.L. 2019‑204, reads as rewritten:

§ 113‑273.  Other licenses.



(l)         Wildlife Control Agent License. – Any An individual who engages in wildlife damage control or wildlife removal activities, including bat eviction, for compensation, including reimbursement for the cost of materials, shall first procure a wildlife control agent license. This is an annual license issued by the Wildlife Resources Commission for fifty dollars ($50.00). This license shall not be required for licensed trappers taking wild animals during the established trapping season for that species. The Wildlife Resources Commission is authorized by rule to set standards for and to license wildlife control agents.

(l1)       Wildlife Control Technician Certification. – An employee of a wildlife control agent who engages in wildlife damage control or wildlife removal activities, including bat eviction, for compensation, including reimbursement for the cost of materials, shall first procure a wildlife control technician certification. This is an annual certification issued by the Wildlife Resources Commission. The Wildlife Resources Commission shall not charge a fee for this certification. This certification shall not authorize the individual to issue depredation permits. This certification shall not be required for licensed trappers taking wild animals during the established trapping season for that species. The Wildlife Resources Commission may adopt rules to certify and set standards for wildlife control technicians.

(m)       Alligator Control Agent Certification. – In addition to the wildlife control agent license, any Any individual who engages in alligator damage control or removal activities for compensation, including reimbursement for the cost of materials, shall first procure an alligator control agent certification. certification in addition to a wildlife control agent license or wildlife control technician certification. This is an annual certification issued by the Wildlife Resources Commission for twenty‑five dollars ($25.00). The Wildlife Resources Commission is authorized by rule to set standards for and to certify alligator control agents. This certification does not include privileges conveyed with an endangered species permit. The endangered species permit shall be obtained prior to conducting activities under the authorization of this certification.

SECTION 3.(b)  This section becomes effective September 1, 2020.

SECTION 4.  G.S. 113‑276(o), as enacted by Section 12 of S.L. 2019‑204, reads as rewritten:

(o)      An eligible member of a volunteer fire department for five consecutive fiscal years, including the prior fiscal year, may be issued any adult resident lifetime license issued and administered by the Wildlife Resources Commission for fifty percent (50%) of the applicable license fee amount. For purposes of this subsection, the term eligible member means an individual appearing as a volunteer on the certified roster of eligible firefighters submitted to the North Carolina State Firefighters' Association under G.S. 58‑86‑25.

SECTION 5.(a)  Section 1 of S.L. 2019‑98 reads as rewritten:

SECTION 1.  During the waterfowl seasons established by the Wildlife Resources Commission, it shall be unlawful to leave unattended or unoccupied do any of the following:

(1)        Leave or place any equipment or vessels that may be used for the purpose of taking migratory waterfowl, including, but not limited to, mobile or temporary blinds, layout boats, and decoys, prior to 4:00 A.M. each day. All such unattended equipment and unoccupied vessels must be removed by between two hours after sunset and 4:00 A.M. each day unless remaining on a portion of the shoreline or attached to a dock as authorized by the owner of the shoreline or dock.

(2)        Leave unattended or unoccupied any equipment or vessels that may be used for the purpose of taking migratory waterfowl, including, but not limited to, mobile or temporary blinds, layout boats, and decoys between 4:00 A.M. and two hours after sunset each day unless remaining on a portion of the shoreline or attached to a dock as authorized by the owner of the shoreline or dock.

SECTION 5.(b)  This section is effective when it becomes law and applies to offenses committed on or after that date.

SECTION 6.(a)  Section 4(c) of S.L. 2019‑158 is repealed.

SECTION 6.(b)  G.S. 15A‑151.5(a) reads as rewritten:

(a)      Notwithstanding any other provision of this Article, the Administrative Office of the Courts shall make all confidential files maintained under G.S. 15A‑151 electronically available to all prosecutors of this State if the criminal record was expunged on or after July 1, 2018, under any of the following:



(7a)      G.S. 15A‑145.9. Expunction of records of certain offenses committed by human trafficking victims.

….

SECTION 7.  Notwithstanding any provision of law to the contrary, and by December 1, 2020, the Administrative Office of the Courts shall expand access to its automated electronic information management system for juvenile courts, JWise, to include legal assistants in district attorney offices. Access shall be limited to examining electronic records related to juvenile delinquency information. Other information contained in JWise, such as any records pertaining to abuse, neglect, and dependency or termination of parental rights, shall not be made available to a legal assistant through JWise.

SECTION 8.  G.S. 143B‑135.234(c)(1), as amended by S.L. 2019‑32, reads as rewritten:

(1)      To acquire land for riparian buffers for the purposes of providing environmental protection for surface waters and drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses.

SECTION 9.(a)  Article 22 of Chapter 113 of the General Statutes is amended by adding a new section to read:

§ 113‑291.4.  Requirement to submit upper premolar from harvested black bear.

(a)        Any hunter who has harvested a black bear must submit at least one upper premolar tooth from the bear to the Wildlife Resources Commission. The tooth shall be received by the Wildlife Resources Commission no later than January 31 following the applicable hunting season. All of the following information shall be submitted with the tooth:

(1)        The hunter's name and mailing address.

(2)        The hunter's WRC customer number.

(3)        The hunter's bear harvest authorization number.

(4)        The sex of the harvested bear.

(5)        The county of harvest.

(b)        Violation of subsection (a) of this section shall be an infraction as defined in G.S. 14‑3.1, punishable by a fine of thirty‑five dollars ($35.00). A person responsible for an infraction under this section shall not be assessed court costs.

(c)        The Executive Director of the North Carolina Wildlife Resources Commission is authorized to revoke or not to issue bear management electronic stamp privileges for any individual issued an infraction notice for two consecutive years or for failure to pay outstanding infraction costs.

SECTION 9.(b)  This section becomes effective October 1, 2020.

SECTION 10.  Section 13A.1 of S.L. 2017‑57 reads as rewritten:

SECTION 13A.1.  From funds available to it, the Wildlife Resources Commission shall repair the roof and stabilize the tower at the Mattamuskeet Lodge in Hyde County. The Commission shall complete the repairs required by this section no later than June 30, 2018.2021.

SECTION 11.(a)  G.S. 18C‑114(a)(12) reads as rewritten:

(12)    To approve and authorize the Director to enter into agreements with other states jurisdictions to operate and promote multistate multijurisdictional lotteries consistent with the purposes set forth in this Chapter.

SECTION 11.(b)  G.S. 18C‑130(a) reads as rewritten:

(a)      The Commission shall determine the types of lottery games that may be used in the Lottery. Games may include instant lotteries, online games, games played on computer terminals or other devices, and other games traditional to a lottery or that have been conducted by any other state government‑operated lottery.

SECTION 12.  Except as otherwise provided, this act is effective when it becomes law.