This bill increases the pool of eligible superior court judges who may sign an order extending the statute of limitations in medical malpractice cases. Formerly only a resident judge of the county could sign such an order.

This bill became effective December 1, 2001, and applies to actions filed on or after that date.

Statutes Amended: G.S. 1A-1, Rule 9 (j)

Civil Procedure Rule Changes (HB 439):

This bill makes several changes to the Rules of Civil Procedure. The number of days in which a summons must be served is extended from 30 to 60 days. This bill also allows private delivery services to make service of a summons. The companies authorized to make service are those allowed in 26 U.S.C. § 7502 (f) (2) of the federal statutes.

The bill also allows pleadings and papers to be sent to an attorney's office by a confirmed telefacsimilie transmittal by 5:00 p.m. Eastern Time. The proof of timely service will be the telefacsimilie confirmation. If the pleadings or papers are received after 5:00 p.m., they are deemed served on the next business day.

Section 4 of the bill allows an otherwise disqualified person to take a videotape deposition if proper notice is given. However, the deposition must also be recorded by stenographic means by a nondisqualified person.

The bill also requires that parties making motions to have discovery disputes resolved by the court must include a certification that the parties have made a good faith effort to communicate with the other party to settle the discovery dispute before court action is requested.

The bill also makes clear that pretrial rulings, interlocutory orders, trial rulings and other orders that are not directed to the admissibility of evidence do not require formal objections or exceptions. If there is an opportunity to object, it is sufficient that the objecting party make clear to the judge the grounds for its position. If there is not an opportunity to object, the party is not prejudiced on appeal for failing to do so.

The bill also expands circumstances under which a substitute judge can enter judgment or otherwise complete action for a judge who can not complete his or her duties. The substitute judge may act in the stead of the other judge or may order a new trial or proceedings if he or she feels that is appropriate.

Finally, the bill also requires that the court receive a written certification from the moving attorney as to what efforts were made to contact the other side or why that is inappropriate when requesting a temporary restraining order. Of course, immediate and irreparable injury, loss or damage remains a reason why there is not time to give notice for an ex parte hearing.
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The section governing substitute judges became effective on August 18, 2001. The rest of the act became effective on October 1, 2001, and applies to actions filed on or after that date.

Statutes Amended: G.S. 1-A, Rule 4(c); 1A-1 Rule 4(j) [and conforming changes]; 1A-1 Rule 4(j1); 1A-1 Rule 4(j2); 1-75.10; 1A-1 Rule 5(b); 1A-1 Rule 28(c); 1A-1 Rule 37(a); 1A-1 Rule 46; 1A-1 Rule 63; and 1A-1 Rule 65(b).

Extend Statute of Limitations for Some Intentional Torts (HB 665):

This bill extends the statute of limitations for assault, battery and false imprisonment from one year to three years.

The bill became effective on October 1, 2001, and applies to claims arising on or after that date.

Statutes Amended: G.S. 1-54.

Openness of Court Records and Proceedings (HB 1284)

This bill provides a procedure for determining the right of access to a judicial proceeding or a judicial record in that proceeding. The movant does not become a party to the action. A ruling on a motion to determine access to judicial records or proceedings may be the subject of an immediate interlocutory appeal.

The bill also includes a provision that specific public security plans and drawings of public buildings are not public records. However, more general security plans and budgetary information about such plans remain public records.

Finally the bill deems certain terms of contracts between hospitals, physicians or other medical providers are not public records. In addition, certain competitive health care information negotiated by public hospitals or public hospital authorities is also excluded from the public record law.

The provisions involving the procedure for access to court proceedings is effective January 1, 2002. The remainder of the bill becomes effective when it is signed by the Governor. [As of this writing, the bill had not been signed.]

Statutes Amended: G.S. 1-72.1 [added]; 7A-308(a); 132-1.6 [added]; 135-40.4(a); 131E-97.3.

Judicial and Execution Sales/Revise Procedure (SB 681):

This bill amends the law governing judicial sales and execution sales to provide for a rolling upset bid procedure. The bill also conforms the time periods for posting and publishing notice of sale to the law governing foreclosure sales under a power of sale.

This bill is effective January 1, 2002, and applies to judicial sales in which the original order of sale was issued on or after that date. The bill applies to execution sales when the execution was issued on or after the effective date.

Statutes Amended: G.S. 1-339(b); 1-339.8; 1-339.17; 1-339.25; 1-339 (26); 1-339 (27) (repealed); 1-339.27A (added); 1-339.30; 1-339.36; 1-339.37; 1-339.52; 1-339.53; 1-339.58; 1- 339.64; 1-339.65; 1-339.66 (repealed); 1-339.66A (added); 1-339.69; 46-28.1(e).

Amend Physicians' Lien Statute (SB 780)

This bill clarifies how a medical lien is perfected and the duties of an attorney when a lien is in place. The requirement that the lien holders file a claim with the clerk of court within 30 days of the filing of the action is removed. Rather, the provision of medical records at no charge to the attorney is a condition precedent to the lien. In addition, the lien holder must give written notice to the attorney of the lien claimed. The bill also clarifies an attorney's duty in distributing the funds.

The bill became effective October 1, 2001, and applies to liens perfected on or after that date.

Statutes Amended: G.S. 44-49; 44-50.

Workers' Compensation Award Filed as Judgments (SB 881)

This bill provides that workers' compensation agreements, orders, and final awards may be entered as judgments by the clerk of superior court.

This bill becomes effective June 1, 2002.

Statutes Amended: G.S. 97-87, 1-209.

Prevent Unnecessary Filing of Briefs (SB 951):

This bill clarifies that it is not necessary to file briefs and memoranda in civil cases with the clerk of court unless the court orders you to do so. In addition, the bill relieves the requirement of cover sheets after the initial cover sheet filed in a civil action.

The bill is effective August 26, 2001, except the section about the cover sheets and that became effective October 1, 2001.

Statutes Amended: G.S. 1A-1, Rule 5; 7A-34.1 (added).
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This is a licensure statute for mortgage brokers and bankers. The bill sets standards and procedures for licensure. There are requirements for continuing education as well as a list of prohibited activities such as to misrepresent or conceal material facts of a loan, to advertise a loan with features that are limited in availability, to deliver a loan with terms or conditions in violation of Chapter 24, and to act outside of good faith and fair dealing.

The substantive sections of the act are effective July 1, 2002. The bill allows a study commission to review predatory lending and if it the law has been effective. This study commission section of the bill is also in effect.

Statutes Amended: Chapter 53 Article 19 [repealed]. Chapter 53 Article 19A [added]. G.S. 53-99(b)(7b); 66-106

This bill allows grandparents as well as parents and guardians to be supervising drivers for drivers holding limited learner's permits.

The law became effective June 13, 2001.

Statute Amended: 20-11(k)

Infant Homicide Prevention Act (HB 275):

This bill amends the procedure for steps to be taken when a child is abandoned. One change is that the director of the relevant law enforcement agency shall investigate through national and state missing person resources to determine if the child is a missing person.

The bill also allows a parent of a child under 7 days old to leave the child with specific government employees or a responsible adult and avoid criminal charges for abandonment. The law is also amended to allow for termination of parental rights after 60 days if the child was voluntarily abandoned.

The law became effective on July 19, 2001.

Statutes Amended: G.S. 7B-302(a); G.S. 7B-500; G.S. 7B-1111(a)(7); G.S. 14-318.2; G.S. 14-318.4; G. S. 14-322.3

Innocence Protection Act (HB 884):

This bill gives defendants in criminal trial greater access to DNA testing. The bill also sets out procedures for expunging DNA information upon a finding of innocence. A defendant may have DNA testing performed prior to a criminal trial provided the biological material is relevant to the investigation, the biologicial material was not previously DNA tested, and the testing is material to the defendant's defense. The bill also allows for post conviction DNA testing under similar circumstances. In addition, the bill sets out procedures for maintaining DNA evidence. The bill also codifies that defendants are entitled to SBI reports of DNA that prove the defendant was not a match.

Portions of the bill became effective upon ratification on July 13, 2001. The remainder of the bill became effective on October 1, 2001, and applies to records and evidence held by the government on or after that date.
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Statutes Amended: 15A-146 [added]; 15A-148 [added]; 15A-266.10 [repealed]; 15A 267 [added]; 15A-268 [added]; 15A-269 [added]; 15A-270 [added].

DA Discretion (HB 1117):

This bill gives District Attorneys more flexibility in deciding whether or not to seek the death penalty in murder cases. The District Attorney may now agree to a life sentence even in capital cases where an aggravating factor is present.

This act became effective July 1, 2001, and applied to some pending cases and those filed on or after that date. The law does not apply to cases in which the death penalty had been elected for indicted defendants prior to July 1, 2001.

Statutes Amended: G.S. 15A-2000(a); 15A-2001; 15A-2004 [added].

Require Experience for Death Penalty Cases (SB 109):

This bill requests the N.C. Supreme Court to adopt rules to establish minimum standards for defense attorneys, prosecutors and judges handling capital cases.

This law became effective August 26, 2001.

Statutes Amended: G.S. 7A-498.5 (c).

No Death Penalty for the Mentally Retarded (SB 173):

This bill eliminates the death penalty for the mentally retarded. The definition of mentally retarded is one who has a intelligence quotient of 70 or below and limitations in adaptive functioning. Each of these limitations must have been manifest before the defendant was 18 years old. The defendant may request a pretrial hearing to determine the issue of mental retardation. The court shall order such a hearing with the consent of the state. The defendant has the burden of proving mental retardation by clear and convincing evidence. If the court finds the defendant is mentally retarded, the case shall be declared noncapital.

If the case goes forward as a capital case, the judge will give instructions to the jury at the conclusion of the sentencing hearing regarding whether the defendant is mentally retarded. The jury must answer that special question before considering aggravating and mitigating factors. The defendant's burden in convincing the jury that he or she is mentally retarded is by a preponderance of the evidence. If the jury does not find the defendant is mentally retarded, they may use the evidence of mental retardation in considering the aggravating and mitigating factors.

The bill also sets up a procedure for those on death row who did not have the consideration of this legislation to ask for a finding on mental retardation so they could avoid a death sentence. This section is effective October 1, 2001, and expires October 2, 2002.

The rest of the bill became effective October 1, 2001, and applies to trials docketed to begin on or after that date.
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Statutes Amended: Article 100 Chapter 15A; 15A 2000(b).

Expunge Improper Criminal Charge/Identity Fraud (SB 262)

This bill allows the expunction of records when charges are dismissed or there is a finding of not guilty because of identity fraud.

The bill became effective October 1, 2001, and applies to charges filed before, on or after the effective date.

Statutes Amended: G.S. 15A-147 [added]; 15A-146(a).

Day Reporting Centers (SB 876)

This bill allows judges in juvenile court to sentence level 1 juveniles to day reporting centers as long as the program meets the needs of the juvenile.

The bill became effective October 1, 2001, and applies to offenses committed on or after that date.

Statute Amended: G.S. 7B-2508(c).

Interfere with Emergency Communication (SB 1004):

The bill clarifies the criminal offense for someone who intentionally interferes with an emergency call when the caller is in danger of bodily injury or the caller's property is in imminent danger of substantial injury. The offense is raised from a class 1 to a class A1 misdemeanor.

The bill is effective December 1, 2001, and applies to offenses committed on or after that date.

Statutes Amended: G.S. 14-286.2.
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This bill allows the Employment Security Commission to photocopy or microfilm any records and treat them as original for evidentiary purposes. An original document may be destroyed after a reproduction is made. If there is no reproduction, original documents may be destroyed after three years.

This law became effective December 1, 2001, and applies to all actions pending or filed on or after that date.

Statutes Amended: G.S. 8-45.3; G.S. 132-3

This statute amends the estate laws when a deceased class member leaves no issue. When there is no issue, the devisee's share shall devolve upon the members of the class who survived the testator and the issue of any deceased members taking by substitution.

This law became effective May 17, 2001, and applies to estates of decedents dying on or after that date.

Statutes Amended: G.S. 31-42 (a).

This bill is a wholesale rewrite of the marriage laws in North Carolina. The changes include a broadening of the list of people who are authorized to solemnize a marriage. Any religious denomination is authorized to solemnize a marriage. Others authorized to solemnize a marriage are federally or state recognized Indian Nations or Tribes.

The bill changes the laws on the capacity to marry in North Carolina. The legal age to marry was raised from 12 to 14 years of age. Persons aged 14 to 16 who are pregnant or have given birth or who are putative fathers may get married provided they obtain a court order from a district court judge. This practice was established to make certain that young people were not being forced into marriage by adults who may be trying to avoid potential statutory rape charges for their children. There is a new section of the statutes (G.S. 51-2A) that is added to set out the notice requirements and the considerations of the court. In addition, the person requesting the marriage license is entitled to a guardian ad litem. In the event the right to marry is not granted, the underage party may reapply to the District Court one year after the final judicial ruling. There is no appeal of right. Those who are age 16 to 18 may still marry with parental consent. The written requirements for this consent are more specific under the new law.

Another section of this bill clarifies that the term "parent" in this article includes adoptive parents.
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This bill allows applicants for marriage who are over 18 to receive a marriage license by affidavit if one party to the marriage applies in person. A sample affidavit appears in G.S. §51-8.2. The bill also allows more latitude in making technical corrections to a marriage license.

This bill became effective October 1, 2001.

Statutes Amended: G.S. 51-1; 51-2; 51-2A [added]; 51-2B [added]; 51-3.2; 51-6; 51-7; 51-8; 51-8.2; 51-15; 51-16; 51-18.1; 7B-200; 7A-451; 130A-110;

Settlement Procedures in Family Law Actions (HB 668):

This bill allows any chief district court judge in a judicial district to order a mediated settlement conference or another settlement procedure for any action pending in that district involving issues of equitable distribution, alimony, child or post separation support, or claims arising out of contracts between the parties under G.S. 52-10, G.S. 52-10.1, or Chapter 52B of the General Statutes. Victims of domestic violence may not be compelled to attend or participate in mediation conferences.

The Supreme Court is authorized to make rules to govern this procedure as of July 1, 2001. The remainder of the bill became effective October 1, 2001.

Statutes Amended: G.S. 7A-38.4 is repealed. G.S. 7A- 38.4A is added.

Equitable Distribution Clarification (HB 1084):

This bill is to clarify that an action for equitable distribution does not abate upon the death of a party. When an equitable distribution of property is awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the death of the decedent, the share of the surviving spouse shall be first determined as though no property had been awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the death of the decedent, and then reduced by the net value of the marital estate awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the death of the decedent.

This act became effective August 10, 2001, and applies to actions pending or filed on or after that date.

Statutes Amended: G.S. 50-21(a); 50-20(1) [added]; 50-20 (c); 30-3.2 (d); 30-3.3(a); 29-14(c) [added].

Psychological Associates/Clinical Social Worker Privilege (SB 739):

This bill extends the absolute privilege afforded to physicians and psychologists in domestic actions to licensed psychological associates, licensed clinical social workers, and licensed marriage and family therapists.

This bill became effective October 1, 2001, and applies to information gathered on or after that date.

Statutes Amended: G.S. 8- 53.6, 8-53.7.

Amend Adoption Laws (SB 499):

This bill amends adoption laws in a number of ways. A definition of "Agency identified adoption" is added. Parents or guardians may choose an adoptive parent who has a favorable preplacement assessment. In addition, a prospective parent with a preplacement assessment may advertise his or her desire to adopt. Another major change in the law is that parents who have agreed to have their child adopted only have seven days to revoke their decision regardless of the age of the child. Also the new statutes authorize more release of information by adoption agencies if the biological parents and adoptive parents consent in writing.

The bill became effective November 1, 2001.

Statutes Amended: G.S. 48-1-101; 48-2-304(b); 48-2-305; 48-2-402(c); 48-2-603(a);
48-3-202(b); 48-3-203; 48-3-303(c); 48-3-307(c) [added]; 48-3-608; 48-3-706; 48-9-104;
48-9-109; 48-10-101.
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This bill makes District Court judicial elections nonpartisan. The bill makes conforming changes throughout the statutes.

The effective date of this bill is January 1, 2002.

Statutes amended: Article 25 of Chapter 163; G.S. 7A-142; 163-106; 163-107 (a); 163-111(c)(1); 163-140 (a)(8); 163-107.1(c); 163-114; 163-135(f); 163-140(b) (9); 163-191; 163-123(g); 163-329(b)(4).

This bill amends the pass-through distribution of partnership tax credits. The tax credit cannot exceed the tax imposed on the taxpayer. There is also a section dealing with tax credits for those donating real property to charitable organizations.

The partnership tax credit portion of the law becomes effective for the tax year beginning January 1, 2002. The real property tax credit portion of the bill expires for the tax year beginning January 1, 2005.
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This bill establishes a qualified privilege between trained staff and volunteers at domestic violence programs and rape crisis centers and the victims they serve. Information provided by a victim that is necessary for the provision of services at the rape crisis center or domestic violence program is privileged. This is only a qualified privilege. The privilege may be broken if the judge finds,

by a preponderance of the evidence, a good faith, specific and reasonable basis for believing that (i) the records or testimony sought contain information that is relevant and material to factual issues to be determined in a civil proceeding, or is relevant, material, and exculpatory upon the issue of guilt, degree of guilt, or sentencing in a criminal proceeding for the offense charged or any lesser included offense, (ii) the evidence is not sought merely for character impeachment purposes, and (iii) the evidence sought is not merely cumulative of other evidence or information available or already obtained by the party seeking the disclosure or the party's counsel.

When written records are sought, they must be provided under seal, and the judge will make an in camera review to determine if the records must be disclosed under the standard set out above.

The act became effective December 1, 2001, and applies to communications made on or after that date.

Statutes Amended: G.S. 8-53.12 [added].

Crime Victims' Rights Act Amendments: (HB 1154)

This bill fills in gaps that have been discovered since the implementation of the Crime Victims' Rights Act. For instance, the bill requires notice from law enforcement agencies on the pretrial process. The bill also adds magistrates to the list of officials who must be sure to record the victim information for notice purposes. This information must be transmitted to the Clerk of Superior Court by the close of the next business day. The Clerk then has up to 72 hours to get the information to the District Attorney's office. The bill also requires a victim to be notified within 24 hours if a defendant escapes from custody and the victim has notified the agency with custodial responsibility that the victim has been threatened by the defendant.

The Department of Corrections shall also enforce a no contact provision at the request of a victim. The Department must set up a system of sanctions for an inmate who violates the no contact request. Finally, the bill requires the Department of Corrections to make its best efforts to place an inmate outside the county where the victim resides at the victim's request. If this is not feasible, the Department must notify the victim of its inability to meet this request.

The bill became effective on October 11, 2001.

Statutes Amended: G.S. 15A-830(a)(3); 15A-831; 15A-832; 15A-832.1; 15A-833; 15A-835; 15A-836; 15A-837; 148-10.2; 148-5.1.

Protection of Voter Roles (HB 1188):

This bill allows victims with valid domestic violence protective orders to request that the Board of Elections keep their address confidential.

The bill became effective December 1, 2001.

Statutes Amended: G.S. 163-82.10 (added).