6/7/22,
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The Daily Bulletin: 2022-06-07 | Legislative Reporting Service
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UNC
SCHOOL OF GOVERNMENT
The Daily Bulletin: 2022-06-07
PUBLIC/HOUSE BILLS
H 193 (2021) EXEMPT PROPERTY FROM BOONE UDO. (NEW) Filed Mar 1 2021, AN ACT TO EXEMPT CERTAIN PROPERTY
FROM THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF BOONE.
Senate committee substitute replaces the content of the 3rd edition with the following.
Exempts the described property in Watagua County from the Unified Development Ordinance of the Town of Boone, as it
exists on the date the act becomes law and any subsequent amendments or reenactments, so long as the property is used for a
public purpose. Changes the act's titles.
Intro, by Pickett, Sainc.
Watauga
View summary
Development, Land Use and Housing, Land Use, Planning and
Zoning
H 607 (2021) SUSPEND AUTOMATIC EXPUNCTION. (NEW) Filed Apr 20 2021, AN ACT TO SUSPEND THE AUTOMATIC
EXPUNCTION OF DISMISSED CRIMINAL CHARGES. NOT GUILTY VERDICTS. AND FINDINGS OF NOT RESPONSIBLE AND TO
MAKE OTHER CHANGES TO THE EXPUNCTION LAWS.
Senate amendments to the 4th edition make the following changes.
Postpones the effective date of the temporary suspension for expunctions of dismissed charges, not guilty verdicts, and
findings of not responsible by operation of law under GS 1 5A-1 46(a4), and related directives to the Administrative Office of
the Courts (AOC), from June 1 5, 2022, to August 1, 2022. Maintains the sunset date of August 1, 2023.
Adds to the directive to AOC to convene a group of stakeholders to examine and make recommendations to resolve the issues
with the implementation of automatic expunctions under GS 15A-146(a4) as follows. Requires inclusion of representatives of
the State Bureau of Investigation, clerks (in addition to the previously included court personnel), and the Division of Motor
Vehicles. Adds new authority to allow the group to consider and recommend solutions for the issues related to expunction
records that do not require total destruction of all court files and that would allow access to these particular expunction records
by additional parties. Requires AOC to include any action it has taken to make files confidential with its report to the specified
NCGA committee, due by March 1. 2023.
Authorizes AOC to make files related to automatic expunction under GS 15A-146(a4) confidential from public record while
the temporary suspension is in place if AOC and the stakeholder group determine an appropriate method to make the files
confidential without destruction of court files, and while allowing access to necessary parties. Requires AOC to take such
action on all files suspended from expunction under the act. Specifies that the act does not authorize expunction under GS
1 5A- 146(a4) while the temporary suspension is in effect.
Adds a new requirement for AOC to expunge all dismissed charges, not guilty verdicts, and findings of not responsible that
occurred during the period of suspension that are eligible for automatic expunction under GS 1 5A-146(a4) within 60 days of
the first occurrence of either the repeal or expiration of the suspension.
Intro, by McNeill, C. Smith, Grccnc, Miller. GS 15A
View summary Courts/Judiciary, Criminal Justice, Corrections
(Sentencing/Probation), Criminal Law and Procedure,
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