SB 413 — Raise the Age Modifications.
Last action — Signed by Gov. 8/1/2019
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 28, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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4 sponsors
2 primary, 2 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (2 R · 1 D) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
153 added · 157 removedPlain-language change summary
The recent amendments to Bill SB 413 lower the age for secure custody from 21 years old to 18 years old. This means that individuals who are 18 and older can be temporarily detained in county jails when they fall under the court's jurisdiction. This change is significant because it aligns legal custody procedures with the age of majority, reflecting a shift in how the legal system handles young adults, ensuring they are treated in a manner consistent with their responsibilities as adults.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 21 SENATE BILL 413 Second Edition Engrossed 5/2/19 Short Title:
Davis, Daniel, and Sanderson (Primary Sponsors);Sponsors).
and Mohammed.
In making the decision, the counselor shall consider criteria provided by the *S413-v-2**S413-v-1* General Assembly Of North Carolina Session 2019 Department and shall conduct a gang assessment.
"(d) A person who takes an individual who is 2118 years of age or older into temporary custody for an offense committed when the individual was a juvenile shall proceed in accordance with thisthe Chapter.provisions of Article 23 of Subchapter V of Chapter 15A of the General Statutes." SECTION 5.
If, pursuant to the criteria in G.S.
7B-1903(b), secure custody is ordered for any person 21 years of age or older who falls within the jurisdiction of the court, pursuant to G.S.
7B-1601(d) or G.S.
7B-1601(d1), the order shall designate that the person be temporarily detained in the county jail where the charges arose." SECTION 5.
(a) AjuvenilemeetingthecriteriasetAjuvenilemeetingthe criteriaset outinG.S.
(c) A juvenile who has allegedly committed an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult may be detained in secure custody in a holdover facility up to 72 hours, if the court, based on information provided by the juvenile court Page 2 Senate Bill 413-Second Edition General Assembly Of North Carolina Session 2019 counselor, determines that no acceptable alternative placement is available and the protection of the public requires the juvenile be housed in a holdover facility.
7B-1903(b), secure custody is ordered for any person 18 years of age or older who falls within the jurisdiction of the court, pursuant to Page 2 Senate Bill 413-First Edition General Assembly Of North Carolina Session 2019 G.S.
(1) Notice to the juvenile and a finding by the court that a bill of indictment has been returned against the juvenile charging the commission of an offense that constitutesaClassA, B1, B2,C, D,E, F,orGF, orG felonyif committedbyancommittedbyanadult. adult.
7B-2200.5(a)(1), the court shall conduct a hearing to determine probable cause in all felony cases in which a juvenile was 13 years of age Senate Bill 413-Second Edition Page 3 General Assembly Of North Carolina Session 2019 or older when the offense was allegedly committed.
Senate Bill 413-First Edition Page 3 General Assembly Of North Carolina Session 2019 "§ 7B-2204.
The order of expungement shall include the name and address of the defendant and the defendant's attorney and shall direct the North Carolina State Page 4 Senate Bill 413-Second Edition General Assembly Of North Carolina Session 2019 Crime Laboratory to send a letter documenting expungement as required by subsection (b2) of this section.
Page 4 Senate Bill 413-First Edition General Assembly Of North Carolina Session 2019 (c) Upon order of expungement, the clerk shall notify State and local agencies of the court's order as provided in G.S.
Senate Bill 413-Second413-First Edition Page 5
Action History
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Signed by Gov. 8/1/2019
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Ch. SL 2019-186
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Pres. To Gov. 7/24/2019
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Ratified
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Concurred In H Com Sub
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Ordered Enrolled
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Regular Message Received For Concurrence in H Com Sub
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Placed On Cal For 07/22/2019
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Regular Message Sent To Senate
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Passed 2nd Reading
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Passed 3rd Reading
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Reptd Fav
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Cal Pursuant Rule 36(b)
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Placed On Cal For 07/16/2019
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Reptd Fav Com Substitute
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Re-ref Com On Rules, Calendar, and Operations of the House
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Withdrawn From Com
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Re-ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
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Passed 1st Reading
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Ref To Com On Rules, Calendar, and Operations of the House
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Regular Message Sent To House
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Regular Message Received From Senate
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Amend Adopted A1
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Passed 2nd Reading
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Passed 3rd Reading
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Engrossed
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Reptd Fav
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Reptd Fav
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Re-ref Com On Rules and Operations of the Senate
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Withdrawn From Com
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Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Filed
Sponsors
- D. Davis · Primary
- Warren Daniel · Primary
- Norman W. Sanderson · Cosponsor
- Mujtaba A. Mohammed · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 2 co-sponsors · 175 not signed on
Sponsors (2)
- D. Davis
- Warren Daniel Republican
Co-sponsors (2)
- Norman W. Sanderson Republican
- Mujtaba A. Mohammed Democratic
Not signed on (175)
175 members have not signed on to this bill.
Show all 175 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 8 | 0 | 0 | 0 |
| Unaffiliated | 26 | 0 | 0 | 3 |
| Republican | 11 | 0 | 0 | 2 |
| Total | 45 | 0 | 0 | 5 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| deViere | — | Yea |
| Fitch | — | Yea |
| Foushee | — | Yea |
| Marcus | — | Yea |
| McKissick | — | Yea |
| Nickel | — | Yea |
| Peterson | — | Yea |
| Searcy | — | Yea |
| Smith | — | Yea |
| VanDuyn | — | Yea |
| Woodard | — | Yea |
| Ballard | — | Yea |
| Brown | — | Yea |
| J. Davis | — | Yea |
| Edwards | — | Yea |
| Gallimore | — | Yea |
| Gunn | — | Yea |
| Horner | — | Yea |
| Johnson | — | Yea |
| Krawiec | — | Yea |
| Newton | — | Yea |
| Perry | — | Yea |
| Steinburg | — | Yea |
| Tillman | — | Yea |
| Bishop | — | Not Voting |
| Harrington | — | Not Voting |
| Wells | — | Not Voting |
| D. Davis | — | Yea |
| J. Jackson | — | Yea |
| Dan Blue | Democratic | Yea |
| Gladys A. Robinson | Democratic | Yea |
| Jay J. Chaudhuri | Democratic | Yea |
| Joyce Waddell | Democratic | Yea |
| Michael Garrett | Democratic | Yea |
| Mujtaba A. Mohammed | Democratic | Yea |
| Paul A. Lowe, Jr. | Democratic | Yea |
| Tracy Clark | Democratic | Yea |
| Bill Rabon | Republican | Yea |
| Brent Jackson | Republican | Yea |
| Carl Ford | Republican | Yea |
| Danny Earl Britt, Jr. | Republican | Not Voting |
| Jim Burgin | Republican | Not Voting |
| Norman W. Sanderson | Republican | Yea |
| Phil Berger | Republican | Yea |
| Ralph Hise | Republican | Yea |
| Tom McInnis | Republican | Yea |
| Vickie Sawyer | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| Warren Daniel | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 24 | 0 | 0 | 0 |
| Republican | 33 | 0 | 0 | 1 |
| Unaffiliated | 58 | 0 | 0 | 2 |
| U | 2 | 0 | 0 | 0 |
| Total | 117 | 0 | 0 | 3 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Autry | — | Yea |
| Beasley | — | Yea |
| Black | — | Yea |
| Brewer | — | Yea |
| Clemmons | — | Yea |
| Farmer-Butterfield | — | Yea |
| Fisher | — | Yea |
| Floyd | — | Yea |
| Gailliard | — | Yea |
| Garrison | — | Yea |
| Gill | — | Yea |
| Graham | — | Yea |
| Harris | — | Yea |
| Holley | — | Yea |
| Hunt | — | Yea |
| Hunter | — | Yea |
| Insko | — | Yea |
| Jackson | — | Yea |
| Lucas | — | Yea |
| Martin | — | Yea |
| Montgomery | — | Yea |
| Queen | — | Yea |
| Richardson | — | Yea |
| Russell | — | Yea |
| Terry | — | Yea |
| vonHaefen | — | Yea |
| Wray | — | Yea |
| Boles | — | Yea |
| Bumgardner | — | Yea |
| Carter | — | Yea |
| Cleveland | — | Yea |
| Conrad | — | Yea |
| Davis | — | Yea |
| Dobson | — | Yea |
| Elmore | — | Yea |
| Faircloth | — | Yea |
| Fraley | — | Yea |
| Grange | — | Yea |
| Hardister | — | Yea |
| Henson | — | Yea |
| Horn | — | Yea |
| Hurley | — | Yea |
| L. Johnson | — | Yea |
| Lewis | — | Yea |
| McElraft | — | Yea |
| McGrady | — | Yea |
| McNeill | — | Yea |
| Moore | — | Yea |
| Murphy | — | Yea |
| Presnell | — | Yea |
| Rogers | — | Yea |
| Sasser | — | Yea |
| Speciale | — | Yea |
| Szoka | — | Yea |
| Yarborough | — | Yea |
| Saine | — | Not Voting |
| Zachary | — | Not Voting |
| C. Smith | — | Yea |
| K. Smith | — | Yea |
| R. Smith | — | Yea |
| Allison A. Dahle | Democratic | Yea |
| Amos L. Quick, III | Democratic | Yea |
| Becky Carney | Democratic | Yea |
| Brandon Lofton | Democratic | Yea |
| Brian Turner | Democratic | Yea |
| Carolyn G. Logan | Democratic | Yea |
| Cecil Brockman | Democratic | Yea |
| Cynthia Ball | Democratic | Yea |
| Dante Pittman | Democratic | Yea |
| Deb Butler | Democratic | Yea |
| Eric Ager | Democratic | Yea |
| Gale Adcock | Democratic | Yea |
| Garland E. Pierce | Democratic | Yea |
| Graig Meyer | Democratic | Yea |
| Joe John | Democratic | Yea |
| Marcia Morey | Democratic | Yea |
| Mary Belk | Democratic | Yea |
| Pricey Harrison | Democratic | Yea |
| Robert T. Reives, II | Democratic | Yea |
| Shelly Willingham | Democratic | Yea |
| Sydney Batch | Democratic | Yea |
| Terence Everitt | Democratic | Yea |
| Tracy Clark | Democratic | Yea |
| Zack Hawkins | Democratic | Yea |
| Bobby Hanig | Republican | Yea |
| Brenden H. Jones | Republican | Yea |
| Chris Humphrey | Republican | Yea |
| Dean Arp | Republican | Yea |
| Dennis Riddell | Republican | Yea |
| Destin Hall | Republican | Yea |
| Donna McDowell White | Republican | Yea |
| Donny Lambeth | Republican | Yea |
| Edward C. Goodwin | Republican | Yea |
| Frank Iler | Republican | Yea |
| Harry Warren | Republican | Yea |
| Hugh Blackwell | Republican | Yea |
| Jay Adams | Republican | Yea |
| Jeffrey C. McNeely | Republican | Yea |
| Jimmy Dixon | Republican | Yea |
| John A. Torbett | Republican | Yea |
| John R. Bell, IV | Republican | Yea |
| John Sauls | Republican | Yea |
| Julia C. Howard | Republican | Yea |
| Keith Kidwell | Republican | Yea |
| Kelly E. Hastings | Republican | Yea |
| Kevin Corbin | Republican | Yea |
| Kyle Hall | Republican | Not Voting |
| Larry C. Strickland | Republican | Yea |
| Larry W. Potts | Republican | Yea |
| Lisa S. Barnes | Republican | Yea |
| Mark Brody | Republican | Yea |
| Mitchell S. Setzer | Republican | Yea |
| Phil Shepard | Republican | Yea |
| Sarah Stevens | Republican | Yea |
| Stephen M. Ross | Republican | Yea |
| Steve Jarvis | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| William D. Brisson | Republican | Yea |
| Carla D. Cunningham | U | Yea |
| Nasif Majeed | U | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 413?
- SB 413 is sponsored by D. Davis, Warren Daniel (Republican), Norman W. Sanderson (Republican), and Mujtaba A. Mohammed (Democratic).
- What is the current status of SB 413?
- This bill has been enacted into law. Introduced March 28, 2019. Enacted.
- Where can I track SB 413?
- Track SB 413 free on One Click Politics — get push/email alerts when it moves.
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