North Carolina 2017-2018 Session Status: In Committee Bipartisan · 10 D · 1 R cosponsors

HB 976 — Extreme Risk Protection Orders.

Last action — Passed 1st Reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

393 added · 391 removed

Plain-language change summary

In the latest version of House Bill 976, the language has been clarified to specifically include more types of relationships that could lead to a domestic violence protection order, such as stepparents and grandparents. This change is important because it broadens the scope of who can seek protection when facing potential harm from someone they are connected to, ensuring that more individuals, especially family members, can access legal remedies to protect themselves.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 976 Short Title:
976 May 21, 2018 SESSION 2017 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH30442-MLa-195B Short Title:
RepresentativesMorey,Harrison, G.Martin, and Willingham (PrimarySponsors).
Representatives Morey, Harrison, G.
Martin, and Willingham (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE ISSUANCE OF AN EXTREME RISK PROTECTION ORDER TO RESTRICT TEMPORARILY A PERSON'S ACCESS TO FIREARMS IF THERE IS EVIDENCE THAT THE PERSON POSES A DANGER OF PHYSICALHARM TO SELF OR OTHERS.
Rules, Calendar, and Operations of the House May 22, 2018 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE ISSUANCE OF AN EXTREME RISK PROTECTION ORDER TO RESTRICT TEMPORARILY A PERSON'S ACCESS TO FIREARMS IF THERE IS EVIDENCE THAT THE PERSON POSES A DANGER OF PHYSICAL HARM TO SELF OR OTHERS.
c.
*H976-v-1* General Assembly Of North Carolina Session 2017 c.
*DRH30442-MLa-195B* General Assembly Of North Carolina Session 2017 d.
d.
"§ 50E-5.
Page 2 House Bill 976-First Edition General Assembly Of North Carolina Session 2017 "§ 50E-5.
50E-7, a petition for an ERPO requires that a summons be issued and served not later than five days prior to the date set Page 2 DRH30442-MLa-195B General Assembly Of North Carolina Session 2017 for the full ERPO hearing.
50E-7, a petition for an ERPO requires that a summons be issued and served not later than five days prior to the date set for the full ERPO hearing.
(5) The ERPO shall expire by its terms within a specified amount of time after entry, not to exceed the limits set forth in G.S.
House Bill 976-First Edition Page 3 General Assembly Of North Carolina Session 2017 (5) The ERPO shall expire by its terms within a specified amount of time after entry, not to exceed the limits set forth in G.S.
DRH30442-MLa-195B Page 3 General Assembly Of North Carolina Session 2017 (d) Appearance by Respondent.
(d) Appearance by Respondent.
(d) Fee.
Page 4 House Bill 976-First Edition General Assembly Of North Carolina Session 2017 (d) Fee.
The fees shall be Page 4 DRH30442-MLa-195B General Assembly Of North Carolina Session 2017 used by the sheriff to pay the costs of administering this section and for other law enforcement purposes.
The fees shall be used by the sheriff to pay the costs of administering this section and for other law enforcement purposes.
If a sale by the sheriff does occur, any proceeds from the sale after deducting any costs associated with the storage and sale, and, in accordance with all applicable State and federal law, shall be provided to the respondent if requested by the respondent by motion made before the hearing or at the hearing and if ordered by the judge.
If a sale by the sheriff does occur, any proceeds from the sale after deducting any costs associated with the storage and sale, and, in accordance with all applicable State and federal House Bill 976-First Edition Page 5 General Assembly Of North Carolina Session 2017 law, shall be provided to the respondent if requested by the respondent by motion made before the hearing or at the hearing and if ordered by the judge.
DRH30442-MLa-195B Page 5 General Assembly Of North Carolina Session 2017 (a) Duration of Ex Parte ERPO.
(a) Duration of Ex Parte ERPO.
If the petitioner's residence is not located in a municipality or in a municipality with no police department, copies shall be issued promptlyto and retained by the sheriff of the county in which the petitioner's residence is located.
If the petitioner's residence is not located in a municipality or in a municipality with Page 6 House Bill 976-First Edition General Assembly Of North Carolina Session 2017 no police department, copies shall be issued promptly to and retained by the sheriff of the county in which the petitioner's residence is located.
Page 6 DRH30442-MLa-195B General Assembly Of North Carolina Session 2017 (b) Notice to Respondent.
(b) Notice to Respondent.
– A program in the Office of the Attorney General to protect the confidentiality of the address of an ERPO petitioner or a relocated victim of domestic violence, sexual offense, or DRH30442-MLa-195B Page 7 General Assembly Of North Carolina Session 2017 stalking to prevent the petitioner's or victim's assailants or potential assailants from finding the petitioner or victim through public records.
– A program in the Office of the Attorney General to protect the confidentiality of the address of an ERPO House Bill 976-First Edition Page 7 General Assembly Of North Carolina Session 2017 petitioner or a relocated victim of domestic violence, sexual offense, or stalking to prevent the petitioner's or victim's assailants or potential assailants from finding the petitioner or victim through public records.
… Page 8 DRH30442-MLa-195B General Assembly Of North Carolina Session 2017 (4) AExcept for an applicant that is an ERPO petitioner, a statement by the applicant that the applicant has or will confidentially relocate in North Carolina.
Page 8 House Bill 976-First Edition General Assembly Of North Carolina Session 2017 … (4) AExcept for an applicant that is an ERPO petitioner, a statement by the applicant that the applicant has or will confidentially relocate in North Carolina.
DRH30442-MLa-195B Page 9
House Bill 976-First Edition Page 9
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 20 co-sponsors · 156 not signed on

Sponsors (3)

Co-sponsors (20)

Not signed on (156)

156 members have not signed on to this bill.

Show all 156 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 976?
HB 976 is sponsored by Shelly Willingham (Democratic), Terry, Robert T. Reives, II (Democratic), Marcia Morey (Democratic), Meyer, Insko, Holley, Pricey Harrison (Democratic), Gill, Fisher, Farmer-Butterfield, Deb Butler (Democratic), Mary Belk (Democratic), Cynthia Ball (Democratic), Autry, W. Richardson, R. Moore, G. Adcock, G. Martin, Neal Jackson (Republican), Eric Ager (Democratic), Cecil Brockman (Democratic), and Joe John (Democratic).
What is the current status of HB 976?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 976?
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