H1007: Authorize Concurrent Juvenile Jurisdiction. Latest Version

Session: 2021 - 2022

House
Passed 1st Reading
Committee
Rules
Passed 3rd Reading
Senate
Passed 1st Reading
Rules



AN ACT to authorize the state to exercise concurrent jurisdiction for offenses committed by juveniles on United States Military bases located within the state and to allow all special agents of the department of defense to assist state and local law ENFORCEMENT upon request.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 104‑11.1 reads as rewritten:

§ 104‑11.1.  Governor may accept a retrocession of jurisdiction over federal areas.areas; authorization for concurrent juvenile jurisdiction.

(a)        Whenever a duly authorized official or agent of the United States, acting pursuant to authority conferred by the Congress, notifies the Governor or any other State official, department or agency, that the United States desires or is willing to relinquish to the State the jurisdiction, or a portion thereof, held by the United States over the lands designated in such notice, the Governor may, in his discretion, accept such relinquishment. Such acceptance may be made by sending a notice of acceptance to the official or agent designated by the United States to receive such notice of acceptance. The Governor shall send a signed copy of the notice of acceptance, together with the notice of relinquishment received from the United States, to the Secretary of State, who shall maintain a permanent file of said notices.

Upon the sending of said notice of acceptance to the designated official or agent of the United States, the State shall immediately have such jurisdiction over the lands designated in the notice of relinquishment as said notice shall specify.

The provisions of this section subsection shall apply to the relinquishment of jurisdiction acquired by the United States under the provisions of this Chapter or any other provision of law.

(b)        Notwithstanding any other provision of this Article, the State shall exercise concurrent jurisdiction with the United States over a military installation of the United States Department of Defense located within the State in a matter relating to a violation of federal law by a juvenile within the boundaries of that military installation, if all of the following criteria are met:

(1)        The United States Attorney, or the United States District Court, for the applicable district in North Carolina waives exclusive jurisdiction.

(2)        The violation of federal law is also a crime or infraction under State law.

SECTION 1.(b)  Article 16 of Chapter 7B of the General Statutes is amended by adding a new section to read:

§ 7B‑1605.  Jurisdiction over certain delinquent juveniles.

When concurrent jurisdiction has been established pursuant to G.S. 104‑11.1(b), the court has exclusive original jurisdiction over any case involving a juvenile who is alleged to be delinquent as the result of an act committed within the boundaries of a military installation that is a crime or infraction under State law.

SECTION 1.(c)  G.S. 7B‑1501 reads as rewritten:

§ 7B‑1501.  Definitions.

In this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings. The singular includes the plural, unless otherwise specified:



(27b)    Vulnerable juvenile. –

a.         Any juvenile who, while less than 10 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws, and is not a delinquent juvenile.

b.         Any juvenile who, while less than 10 years of age but at least 6 years of age, commits an act within the boundaries of a military installation that is a crime or infraction under State law and is not a delinquent juvenile.

….

SECTION 1.(d)  This section becomes effective December 1, 2022, and applies to acts committed on or after that date.

SECTION 2.(a)  G.S. 15A‑406(a) reads as rewritten:

(a)      For purposes of this section, federal law enforcement officer means any of the following persons who are employed as full‑time law enforcement officers by the federal government and who are authorized to carry firearms in the performance of their duties:

(1)        United States Secret Service special agents;agents.

(2)        Federal Bureau of Investigation special agents;agents.

(3)        Bureau of Alcohol, Tobacco and Firearms special agents;agents.

(4)        United States Naval Investigative Service special agents;Special agents of the Department of Defense, including:

a.         Army Criminal Investigation Division.

b.         Naval Criminal Investigative Service.

c.         Air Force Office of Special Investigations.

d.         Defense Criminal Investigative Service.

(5)        Drug Enforcement Administration special agents;agents.

(6)        United States Customs Service officers;officers.

(7)        United States Postal Service inspectors;inspectors.

(8)        Internal Revenue Service special agents;agents.

(9)        United States Marshals Service marshals and deputies;deputies.

(10)      United States Forest Service officers;officers.

(11)      National Park Service officers;officers.

(12)      United States Fish and Wildlife Service officers;officers.

(13)      Immigration and Naturalization Service officers;officers.

(14)      Tennessee Valley Authority officers; andofficers.

(15)      Veterans Administration police officers.

SECTION 2.(b)  This section is effective when it becomes law.

SECTION 3.  Except as otherwise provided, this act is effective when it becomes law.