HB 684 — Sex Offender Registry Fee.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 21 HOUSE BILL 684 Committee Substitute Favorable 5/23/17 Short Title:

Representatives Hastings, Davis, R.

Turner, and Zachary (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary II, if favorable, Finance April 11, 2017 A BILL TO BE ENTITLED AN ACT TO REQUIRE EACH SEX OFFENDER TO PAY AN INITIAL REGISTRATION FEE AND AN ANNUAL REGISTRATION FEE.

The General Assembly recognizes that the release of certain information about sex offenders to public agencies and the general public assists in protecting the public safety.

It is the intent of the General Assembly to offset the administrative costs to law enforcement to maintain and update the sex offender registry by creating a civil fee for sex offender registration.

SECTION 2.

Each sex offender shall pay an annual registration fee of ninety dollars ($90.00) on the anniversary of the offender'sperson's initial registration datedate. each year that the offender is required to register.

The initial fee isshall be payable to the sheriff of the county in which the person initially registers.

The annual fee isshall be paid to the sheriff who receives the person's verification form under G.S.

At the end of each calendar year, the sheriff shall report to the Attorneyattorney Generalgeneral all fees that have been due and unpaid for more than one year and that the sheriff has not previously reported.

The Attorneyattorney Generalgeneral may recover those delinquent fees in a civil action.

When the Attorney General collects delinquent fees pursuant to this section, the Attorneyattorney Generalgeneral shall deduct the actual costs of collection, not to exceed twenty percent (20%) of the amount collected, and remit the remaining funds to the appropriate counties to be credited to the office of the sheriff of that county.

Notwithstanding(c) anyThis othersection provisiondoes ofnot law,apply theto Attorneyjuveniles Generalrequired mayto bringregister apursuant civilto actionPart under4 thisof sectionArticle within27A 10of yearsChapter 14 of the dateGeneral feesStatutes." wereSECTION due.2.

(c) This section does not apply to juveniles required to register pursuant to Part 4 of Article 27A of Chapter 14 of the General Statutes." SECTION 3.

15A-1343(b2) readsis asrewritten rewritten:to read:

*H684-v-2* General Assembly Of North Carolina Session 2017 "(b2) Special Conditions of Probation for Sex Offenders and Persons Convicted of Offenses Involving Physical, Mental, or Sexual Abuse of a Minor.

14-208.7Article14-208.7 27A of Chapter 14 of the General Statutes, if the offense is a reportable conviction as defined by G.S.

*H684-v-1* General Assembly Of North Carolina Session 2017 (1a) Pay an initial registration fee and annual registration fees pursuant to G.S.

14-208.7A.

Defendants subject to the provisions of this subsection shall not be placed on unsupervised probation." SECTION 4.3.

14-208.6(4), or which involves Page 2 House Bill 684-Second Edition General Assembly Of North Carolina Session 2017 the physical, mental, or sexual abuse of a minor, controlling conditions, violations of which may result in revocation of post-release supervision, are:

14-208.7Article14-208.7 27A of Chapter 14 of the General Statutes, if the offense is a reportable conviction as defined by G.S.

(2)(1a) ParticipatePay inan suchinitial evaluationregistration fee and treatmentannual asregistration isfees necessarypursuant to completeG.S. a prescribed course of psychiatric, psychological, or other rehabilitative treatment as ordered by the Commission.

14-208.7A.

Page 2 House Bill 684-First Edition General Assembly Of North Carolina Session 2017 (2) Participate in such evaluation and treatment as is necessary to complete a prescribed course of psychiatric, psychological, or other rehabilitative treatment as ordered by the Commission.

Whenever the warrantless search consists of testing for the presence of illegal drugs, the supervisee may also be required to reimburse the Division of Adult Correction of the Department of Public Safety for the actual cost of drug screening and drug testing, if the results are positive." SECTION 5.4.

G.S.

14-208.12A reads as rewritten:

"§ 14-208.12A.

Request for termination of registration requirement.

… (a1) The court may grant the relief if:if all of the following are met:

(1) The petitioner demonstrates to the court that he or she has not been arrested for any crime that would require registration under this Article since completing the sentence,sentence.

(2) The requested relief complies with the provisions of the federal Jacob Wetterling Act, as amended, and any other federal standards applicable to the termination of a registration requirement or required to be met as a condition for the receipt of federal funds by the State, andState.

(3) The court is otherwise satisfied that the petitioner is not a current or potential threat to public safety.

House Bill 684-Second Edition Page 3 General Assembly Of North Carolina Session 2017 (4) The petitioner demonstrates to the court that he or she has paid the initial registration fee, if the petitioner initially registered after October 1, 2017, and subsequent annual registration fees, beginning October 1, 2017, as required by G.S.

14-208.7A.

…." SECTION 6.

PageThe 4requirement Houseto Billpay 684-Secondan Editioninitial registration fee applies to all adult persons who initially register on or after that date.