SB 682 — Implement Crime Victim Rights Amendment.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 21 SENATE BILL 682 Judiciary Committee Substitute Adopted 7/2/19 Short Title:

Senators Daniel, J.

Davis, and Britt (Primary Sponsors).

Rules and Operations of the Senate June 28, 2019 A BILL TO BE ENTITLED AN ACT TO IMPLEMENT THE CONSTITUTIONAL AMENDMENT TO PROVIDE BETTER PROTECTIONS AND SAFEGUARDS TO VICTIMS OF CRIME.

*S682-v-2**S682-v-1* General Assembly Of North Carolina Session 2019 (2) Is provided information about available protection from harm and threats of harm arising out of cooperation with law-enforcement law enforcement and prosecution efforts, and receives such protection.

Page 2 Senate Bill 682-Second682-First Edition General Assembly Of North Carolina Session 2019 (1) Accused.

Chapter 20 of the General Statutes,Statutes if the offense involves impairment of the defendant, or injury or death to the victim.

Article35ofChapter14oftheGeneralStatutes,ifArticle theoffenseinvolves35 of Chapter 14 of the General Statutes if the offense involves communicating a threat or stalking.

Senate Bill 682-Second682-First Edition Page 3 General Assembly Of North Carolina Session 2019 d.

Page 4 Senate Bill 682-Second682-First Edition General Assembly Of North Carolina Session 2019 (8) Theright to present thevictim's views andconcerns in writingto theGovernor oragencyconsideringanyactionthatcould resultinthereleaseoftheaccused, prior to such action becoming effective.

The victim shall be responsible for notifying the Senate Bill 682-Second682-First Edition Page 5 General Assembly Of North Carolina Session 2019 investigating law enforcement agency of any changes in the victim's name, address, and telephone number.

number or other contact information.

15A-831(c) about any victim's Page 6 Senate Bill 682-Second682-First Edition General Assembly Of North Carolina Session 2019 electing to receive further notices under this Article.

offense against the person based on testimony or evidence from a complaining witness rather than from a law enforcement officerofficer, shall deliver the court's copy of the warrant and the victim-identifying information to the office of the clerk of superior court by the close of the next business day.

The victim, familymember,family member, guardian, or legal custodian hashave the right to counsel at the hearing but doesdo not have the right to counsel provided by the State.

Senate Bill 682-Second682-First Edition Page 7 General Assembly Of North Carolina Session 2019 (c) If the matter involves an allegation that the district attorney failed to comply with the rights of a victim when obligated to do so by law, the victim must first file a written complaint with the district attorney to afford the district attorney with jurisdiction over the criminal action an opportunity to resolve the issue stated in the written complaint in a timely manner." SECTION 8.

Page 8 Senate Bill 682-Second682-First Edition General Assembly Of North Carolina Session 2019 a.

(a) A victim of a juvenile offense shall be treated with dignity and respect bybythe the juvenile justice system.

(5) The right to be given information about the offense, how the juvenile justice systemworks,therights ofvictims,andtheavailabilityofservicesforvictims.ofvictims,andtheavailabilityofservices forvictims.

Senate Bill 682-Second682-First Edition Page 9 General Assembly Of North Carolina Session 2019 (1) The victim's rights under this Article, including the right to reasonably confer with the prosecuting attorney.

The information provided shall be limited to (i) whether or not the Page 10 Senate Bill 682-Second682-First Edition General Assembly Of North Carolina Session 2019 juvenile was adjudicated delinquent, and if so, the class of the offense and the level, description, and duration of disposition ordered, (ii) no-contact orders as they relate to the victim, and (iii) any order for restitution.

(b) In theevent that an entire hearinghas beenclosedtothevictimbythecourt,thevictimbeenclosedto thevictimbythecourt,thevictim shall have the opportunity to be heard by the court regarding the right to be present, if the court has not previously provided this opportunity to the victim.

Any agency, department, or official that provides a victim written notice or information Senate Bill 682-Second682-First Edition Page 11 General Assembly Of North Carolina Session 2019 under this Article shall not identify the juvenile by name in the notice or information, but shall identifythejuvenilebythejuvenile'sfirst andlastinitialsonly.ThisArticleshallnotbeconstrued to require or permit disclosing to anyvictim anyinformation contained in juvenile records except as specifically provided.

The victim, family member, guardian, or legal custodian hashave the right to counsel at the hearing but doesdo not have the right to counsel provided by the State.

Page 12 Senate Bill 682-Second682-First Edition General Assembly Of North Carolina Session 2019 Except as provided in subsection (c) of this section, the prosecutor may, in the prosecutor's discretion, share information obtained from a juvenile's record with magistrates and law enforcement officers sworn in this State, but may not allow a magistrate or law enforcement officer to photocopy any part of the record.

No later than AugustJuly31, 31, 2019, the Conference of District Attorneys and the Administrative Office of the Courts shall develop and disseminate the forms required by this act.

The remainder of this act becomes effective August 31, 2019, and applies to offenses and acts of delinquency committed on or after that date.

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