6/23/2016
The Daily Bulletin: 2016-06-23 1 Legislative Reporting Service
UNC
SCHOOL OF GOVERNMENT
The Daily Bulletin: 2016-06-23
PUBLIC/HOUSE BILLS
H 253 (2015-2016) JUSTICE REINVESTMENT ACT CHANGES. -AB Filed Mar 1 7 20 1 5, AN ACT TO AMEND PROVISIONS OF
THE JUSTICE REINVESTMENT ACT
Senate committee substitute makes the following changes to the 3rd edition.
Amends GS 15A-1343(b), which sets out regular conditions of probation, to add a new subdivision to require a defendant to
submit to the taking of digitized photographs, including photographs of the probationer's face, scars, marks, and tattoos, to be
included in the probationer's records. Makes conforming change to the title of Part I of the act.
Deletes all proposed provisions in Part II of the previous edition, which included revisions to GS 15A-1343.2 (special probation
rules for persons sentenced under Article 81 B), and proposed subsection (k5) of GS 20-179 (delegation to probation officer).
Deletes proposed subsection (g) ofGS 15A-1 368.4 (delegation to post-release supervision officer), and proposed subsection (e)
of GS 15A-1374 (delegation to parole officer) from Part III of the previous edition.
Amends GS 15A-1347, concerning appeal from revocation of probation or imposition of special probation upon violation, to
provide that, if a defendant appeals an activation of a sentence as a result of a finding of a violation of probation by tire district or
superior court and is released pursuant to Article 26 of GS Chapter 15A (previously, did not include release pursuant to Article
26), probation supervision is to continue under the same conditions until expiration of the period of probation (previously, until
the termination date of the supervision period ) or disposition of the appeal, whichever comes first.
Amends GS 15-190(a), concerning person(s) to be designated by tire warden to execute a death sentence, to update terminology
by replacing the language "guard or guards" with "correctional custody personnel." Makes a technical change. Replaces that same
language with "correctional custody personnel" in GS 15-195 (prisoner taken to place of trial when new trial granted). Further,
updates terminology by replacing "guard" with "correctional officer" in GS 148-23 (prison employees not to use intoxicants,
narcotic drugs or profanity ), and GS 148-46(a) (degrees of protection against violence allowed).
Current GS 14-404. concerning the issuance or refusal, and appeal from refusal, of a permit to purchase or receive any weapon
mentioned in Article 52A (Sale of Weapons in Certain Counties), excepts officers authorized by law to carry firearms if the
officers identify themselves to the vendor or donor as being officers authorized by law to carry firearms and provide one of four
identifications, as specified. Expands the third identification that may be provided by an officer, in addition to the requirement to
identify themselves as specified under the statute, to allow for a current photographic identification card issued by a State agency
that identified the individual as a law enforcement officer or a probation or parole officer certified by the State to be provided to
the vendor or donor (previously, did not allow for a photographic ID card issued by a State agency that identifies the individual
as a probation and parole officer certified by the State).
Amends GS 20-187.2 (badges and sendee side amts of deceased or retiring members of State, city and county law-enforcement
agencies; weapons of active members) by adding a new subsection to establish that, for purposes of the statute, certified
probation and parole officers are to be considered members of a North Carolina State law-enforcement agency.
Amends GS 143B- 1 1 56, concerning contract for sendees by die Division of Adult Correction of die Department of Public
Safety, by adding a new subsection to require the Division to pay sendee providers the contract base award upon the initiation of
services, with the remaining payments made as milestones are reaches as stated in the contract for sendees. Provides that, if die
service provider cancels or terminates the contract prior to its conclusion, the sendee provider must reimburse the Division for the
unearned pro-rata portion of the base award.
Provides that Sections 3, 4, 6. 9. and 10 (previously. Sections 5, 6, and 8) of the act become effective July 1 , 2016 (previously,
July 1, 201 5). Provides that Sections 5 and 8 become effective December 1, 2016. and apply to probation violations occurring on
or after that date. Provides that the remainder of die act becomes effective December 1, 2016 (previously. December 1, 2015), and
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