AN ACT to Modify various domestic violence statutes.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 50B‑1(b) reads as rewritten:

(b)      For purposes of this section, the term personal relationship means a relationship wherein the parties involved:

(1)        Are current or former spouses;spouses.

(2)        Are persons of opposite sex in a romantic relationship who live together or have lived together;together within the year preceding the filing of the action.

(3)        Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16;16.

(4)        Have a child in common;common.

(5)        Are current or former household members;

(6)        Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. relationship within the year preceding the filing of the action. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved a relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual relations existing over time and on a continuous continuing basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.

(7)        In making the determination required in subdivision (6) of this subsection, the court shall consider the following factors:

a.         The degree of social interpersonal bonding between the parties over and above that resulting from mere casual acquaintanceship or ordinary fraternization.

b.         The length of time during which the alleged dating activities continued prior to the alleged acts of domestic violence.

c.         The nature and frequency of the parties' interactions with each other.

d.         The parties' ongoing expectations with respect to the relationship.

e.         Whether the parties declared or demonstrated to others by statement or conduct that their relationship was of a romantic nature.

f.          Any other evidence that supports or detracts from a finding that a dating relationship existed.

SECTION 2.  G.S. 50B‑3 reads as rewritten:

§ 50B‑3.  Relief.

(a)        If the court, including magistrates as authorized under G.S. 50B‑2(c1), finds that an act of domestic violence has occurred, the court shall grant a protective order restraining the defendant from further acts of domestic violence. A protective order may include any of the following types of relief:

…

(12)      Order any party the court finds is solely or jointly responsible for acts of domestic violence to attend and complete an abuser treatment program if the program is approved by the Domestic Violence Commission.such counseling or treatment as the court finds is reasonably likely to resolve the issues causing acts of domestic violence, and that is reasonably available to and affordable by the party who is ordered to attend and complete the counseling or treatment.

(13)      Include any additional prohibitions or requirements the court deems necessary to protect any party or any minor child.

…

(a2)      If the court orders that the defendant Any party ordered to attend an abuser a counseling or treatment program pursuant to G.S. 50B‑3(a)(12), the defendant shall begin regular attendance of the program within 60 days of the entry of the order. When ordering a defendant party to attend an abuser a counseling or treatment program, the court shall also specify a date and time for a review hearing with the court to assess whether the defendant party has complied with that part of the order. The review hearing shall be held as soon as practicable after 60 days from the entry of the original order. The date of the review shall be set at the same time as the entry of the original order, and the clerk shall issue a Notice of Hearing for the compliance review to be given to the defendant party and filed with the court on the same day as the entry of the order. If a defendant the party is not present in court at the time the order to attend an abuser a counseling or treatment program is entered and the Notice of Hearing for review is filed, the clerk shall serve a copy of the Notice of Hearing together with the service of the order. The plaintiff may, but is not required to, attend the 60‑day review hearing.

(a3)      At any time prior to the 60‑day review hearing set forth in subsection (a2) of this section, a defendant party who is ordered to attend an abuser a counseling or treatment program may present to the clerk a written statement from an abuser a counseling or treatment program showing that the defendant party has enrolled in and begun regular attendance in an abuser treatment the program. Upon receipt of the written statement, the clerk shall remove the 60‑day review hearing from the court docket, and the defendant party shall not be required to appear for the 60‑day review hearing. The clerk shall also notify the plaintiff that the defendant party has complied with the order and that no 60‑day review hearing will occur.

….

SECTION 3.  G.S. 15A‑1343(b)(12) reads as rewritten:

§ 15A‑1343.  Conditions of probation.

…

(b)        Regular Conditions. – As regular conditions of probation, a defendant must:

…

(12)      Attend and complete an abuser a treatment or counseling program if (i) the court finds the defendant is responsible for acts of domestic violence and (ii) there is a program, approved by the Domestic Violence Commission, program reasonably available to and affordable by the defendant, and that is reasonably likely to resolve the issues causing acts of domestic violence, unless the court finds that such would not be in the best interests of justice. A defendant attending an abuser treatment program shall abide by all of the rules of the program.

a.         If the defendant is placed on supervised probation, the following procedures apply:

1.         The probation officer shall forward a copy of the judgment, including all conditions of probation, to the abuser treatment program.

2.         The program shall notify the probation officer if the defendant fails to participate in the program or if the defendant is discharged from the program for violating any of the program rules.

3.         If the defendant fails to participate in the program or is discharged from the program for failure to comply with the program or its rules, the probation officer shall file a violation report with the court and notify the district attorney of such noncompliance.

b.         If the defendant is placed on unsupervised probation, the following procedures apply:

1.         The defendant shall be required to notify the district attorney and the abuser treatment program of their choice of program within 10 days of the judgment if the program has not previously been selected.

2.         The district attorney shall forward a copy of the judgment, including all conditions of probation, to the abuser treatment program.

3.         If the defendant fails to participate in the program or is discharged from the program for failure to comply with the program or its rules, the program shall notify the district attorney of such noncompliance.

SECTION 4.  This act becomes effective December 1, 2021, and applies to offenses committed on or after that date.