CRIMINAL LAW:

 

DNA Registry (H 79) (SL 2003-376): This bill requires that a DNA sample be taken from all convicted felons and those convicted of certain misdemeanors.  The bill also requires DNA samples from those found not guilty by reason of insanity.  The bill establishes procedures and guidelines for the taking of the DNA and the requirements for confidentiality of such records.  This act becomes effective December 1, 2003.

 

Stalking/Supervised Probation Minimum ( H 304) (SL 2003-181): A person convicted of a class A1 misdemeanor under the stalking law and who is sentenced to community punishment must be on supervised probation in addition to any other punishment the defendant receives.  This act becomes effective December 1, 2003, and applies to acts committed on or after that date.

 

Drug Screening and Assessment (H 352) (SL 2003-141): This bill was recommended by the North Carolina Sentencing and Policy Advisory Commission.  This bill requires drug screening and assessments for those ordered by the court to participate in the DART program.  The act becomes effective December 1, 2003, and applies to offenses committed on or after that date.

 

Amend Secret Peeping Law (H 408) (SL 2003-303): This bill amends the law related to secret peeping in a number of ways.  First the bill is made gender neutral so that it is a criminal offense to peep on men as well as women.  In addition the technological advances that allow for peeping are also taken into account in this version of the bill.  This act becomes effective December 1, 2003, and applies to offenses committed on or after that date.

Improper Equipment Included in Speeding (H 510) (SL 2003-110) The statutes governing speeding are amended to allow improper equipment to be a lesser included offense of speeding.  This act becomes effective December 1, 2003, and applies to offenses committed after that date.  Prosecutions for offenses that occurred before the effective date are not impacted by the change of this statute.

 

Assault in the Presence of a Minor/Enhance Penalty (H 926) (SL 2003-409): This bill requires that any person who assaults another inflicting serious injury must be placed on supervised probation (plus whatever else the court orders) in the first instance and receive an active sentence of no less than 30 days (plus whatever else the court orders) if the assault is upon a person with whom the perpetrator has a personal relationship and is in the presence of a minor who has a personal relationship with the perpetrator or the victim.  This act becomes effective December 1, 2003, and applies to offenses committed on or after that date.

 

Hit and Run- 2 Year License Revocation (H 963) (SL 2003-394): This bill amends N.C.G.S. 20-166 to add a new subsection to allow a judge to make findings in a hit and run case in which  there is injury or death to a person that a two year revocation of the driver=s license is warranted.  Upon a first conviction the driver may receive a limited driving privilege.  The act becomes effective December 1, 2003, and applies to offenses committed on or after that date.  Prosecutions against persons for actions committed prior to the effective date of this act proceed under the existing statutes.

 

Criminal History Record Checks (H 1024) (SL 2003-214): This bill puts North Carolina in the National Crime Prevention and Privacy Compact.  The purpose of this compact is to standardize and share criminal history records between states in the compact.  The records would be used by law enforcement for criminal justice purposes, but the records may also be used by other agencies needing to do background checks for non criminal justice purposes.  The bill sets out the requirements that North Carolina must adhere to in the maintenance of the records to comply with the compact.  The bill also establishes disclosure procedures and regulations as well as record request procedures.  The bill also governs other administrative requirements for the compact.  The bill became effective when it became law on June 19, 2003.

 

Amend Special Probation Definition (S 93) (SL 2003-151): This bill removes the six month limit on the period of imprisonment required under special probation statutes.  The new language simply states that an active sentence as part of special probation may not exceed one-fourth of the maximum sentence of imprisonment imposed for the offense. 

 

This act becomes effective December 1, 2003, and applies to offenses committed on or after that date.