North Carolina 2019-2020 Session Status: Passed Senate 2 R cosponsors

SB 156 — Superseding Orders/Domestic Violence/ALE.

Last action — Conf Com Appointed

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

This bill died with 2019-2020 Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

20 added · 64 removed

Plain-language change summary

The amended version of SB 156 clarifies that pretrial release conditions can include a provision for the defendant to have no contact with the alleged victim. This change emphasizes the importance of protecting victims during the legal process and helps to ensure their safety while a case is being resolved. It addresses a critical concern that victims may feel threatened or unsafe if they are in contact with the accused before the trial.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 2 SENATE BILL 156 Judiciary Committee Substitute Adopted 3/19/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 156 Short Title:
No-Contact Orders.
Conditions of Pretrial Detention.
Senators J.
Jackson, Bishop, and Daniel (Primary Sponsors).
February 28, 2019 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE A JUDICIAL OFFICIAL TO ORDER A DEFENDANT NOT TO CONTACT THE VICTIM.
Rules and Operations of the Senate February 28, 2019 A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT CONDITIONS OF PRETRIAL RELEASE ALSO APPLY TO PRETRIAL DETENTION AND NO-CONTACT PRETRIAL RELEASE CONDITIONS MAY BE SET IMMEDIATELY FOLLOWING ARREST FOR DEFENDANTS CHARGED WITH CERTAIN CRIMES OF DOMESTIC VIOLENCE.
15A-511 reads as rewritten:
15A-534 is amended by adding a new subsection to read:
"§ 15A-511.
"(j) An order of pretrial release takes effect immediately and remains in effect until the charges are disposed of, regardless of whether a defendant is incarcerated or released." SECTION 2.
Initial appearance.
… (d) Procedure When Arrest Is Pursuant to Warrant.
– If the arrest is made pursuant to a warrant, the magistrate must proceed in accordance with subsection (e).
(d1) No-contact order.
– A judicial official conducting an initial appearance may order a defendant to have no contact with the alleged victim of anycrime even prior to the determination of pretrial release conditions by a judge.
(e) Commitment or Bail.
– If the person arrested is not released pursuant to subsection (c),themagistratemustreleasehiminaccordance withArticle26ofthisChapter,Bail,orcommit him to an appropriate detention facility pursuant to G.S.
15A-521 pending further proceedings in the case.
…." SECTION 2.
15A-536 reads as rewritten:
15A-534.1 is amended by adding a new subsection to read:
"§ 15A-536.
"(c) Notwithstanding the provisions of this section, at the initial appearance of a defendant immediately following the defendant's arrest, a judicial official authorized by this Article to set conditions ofpretrial releasemayorderthat the defendant haveno contact withtheallegedvictim of the crime while the defendant awaits the determination of pretrial release conditions pursuant to subsections (a) and (b)." SECTION 3.
Release Conditions after conviction in the superior court.
This act is effective when it becomes law.
(a) A defendant whose guilt has been established in the superior court and is either awaiting sentence or has filed an appeal from the judgment entered maybe ordered released upon conditions in accordance with the provisions of this Article.
*S156-v-1*
(a1) A judge may order a defendant to have no contact with the alleged victim pursuant to G.S.
15A-535.5, whether the defendant is released or not.
(b) If release is ordered, the judge must impose the conditions set out in G.S.
15A-534(a) which will reasonably assure the presence of the defendant when required and provide adequate protection to persons and the community.
If no single condition gives the assurance, the judge may impose the condition in G.S.
15A-534(a)(3) in addition to anyother condition and mayalso, or in lieu of the condition in G.S.
15A-534(a)(3), place restrictions on the travel, associations, conduct, or place of abode of the defendant.
…." SECTION 3.
G.S.
15A-1431 reads as rewritten:
"§ 15A-1431.
Appeals by defendants from magistrate and district court judge;
trial de novo.
… *S156-v-2* General Assembly Of North Carolina Session 2019 (e) Anyorder of pretrial release remains in effect pending appeal by the defendant unless the judge modifies the order.
(e1) Any order of no contact remains in effect pending appeal by the defendant unless the order is modified by a judge.
…." SECTION 4.
Article 26 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A-535.5.
No-contact orders.
(a) Authority.
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– A judicial official may order a defendant to have no contact with the alleged victim of any crime even prior to the determination of pretrial release conditions.
(b) Order.
– The judicial official ordering the defendant to have no contact with the alleged victim must issue an appropriate order and inform the defendant in writing that any violation of a no-contact order may result in additional criminal charges.
The no-contact order must be filed with the clerk and a copy given to the defendant and the appropriate detention facility, if any.
(c) Effect.
– A no-contact order issued pursuant to this section takes effect immediately and remains in effect until modified or until the final disposition of the criminal charge.
(d) Appeal.
– If a judgment is entered and the defendant appeals the conviction, a no-contact order remains in effect pending appeal by the defendant unless a judge modifies the order." SECTION 5.
This act becomes effective December 1, 2019, and applies to offenses committed on or after that date.
Page 2 Senate Bill 156-Second Edition
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Action History

  1. Conf Com Appointed

  2. Reptd Fav Com Sub 2

  3. Cal Pursuant Rule 36(b)

  4. Added to Calendar

  5. Passed 2nd Reading

  6. Passed 3rd Reading

  7. Special Message Sent To Senate

  8. Special Message Received For Concurrence in H Com Sub

  9. Placed on Today's Calendar

  10. Failed Concur In H Com Sub

  11. Conf Com Appointed

  12. Reptd Fav Com Substitute

  13. Re-ref Com On Rules, Calendar, and Operations of the House

  14. Withdrawn From Com

  15. Re-ref Com On Rules, Calendar, and Operations of the House

  16. Passed 1st Reading

  17. Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House

  18. Regular Message Sent To House

  19. Regular Message Received From Senate

  20. Passed 2nd Reading

  21. Passed 3rd Reading

  22. Withdrawn From Cal

  23. Placed On Cal For 03/26/2019

  24. Withdrawn From Cal

  25. Placed On Cal For 03/25/2019

  26. Reptd Fav

  27. Reptd Fav Com Substitute

  28. Com Substitute Adopted

  29. Re-ref Com On Rules and Operations of the Senate

  30. Passed 1st Reading

  31. Ref To Com On Rules and Operations of the Senate

  32. Withdrawn From Com

  33. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  34. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 3 co-sponsors · 174 not signed on · 19 voted No

Sponsors (2)

Co-sponsors (3)

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"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

Votes

Second Reading

Passed 114 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 24001
Republican 34001
Unaffiliated 55003
U 1001
Total 114006
% of votes cast 95%0%0%5%
How each member voted (120)
Member Party Vote
Autry — Yea
Beasley — Yea
Brewer — Yea
Clemmons — Yea
Farmer-Butterfield — Yea
Floyd — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Jackson — Yea
Lucas — Yea
Martin — Yea
Montgomery — Yea
Queen — Yea
Richardson — Yea
Russell — 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
Horn — Yea
Hurley — Yea
P. Jones — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Moore — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Fisher — Not Voting
Insko — Not Voting
Terry — Not Voting
C. Smith — Yea
K. Baker — 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 Not Voting
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
Vernetta Alston 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
Jake Johnson 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 Yea
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 Not Voting
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 Not Voting
Nasif Majeed U Yea

Official roll call →

Motion 9 To Concur

Failed 1 Yea · 45 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 12403
Democratic 0900
Republican 01201
Total 14504
% of votes cast 2%90%0%8%
How each member voted (50)
Member Party Vote
Marcus — Yea
deViere — Nay
Fitch — Nay
Foushee — Nay
Nickel — Nay
Peterson — Nay
Smith — Nay
Woodard — Nay
Ballard — Nay
Brown — Nay
Bryan — Nay
J. Davis — Nay
Edwards — Nay
Gallimore — Nay
Gunn — Nay
Harrington — Nay
Horner — Nay
Johnson — Nay
Krawiec — Nay
Newton — Nay
Perry — Nay
Steinburg — Nay
Wells — Nay
Searcy — Not Voting
VanDuyn — Not Voting
Tillman — Not Voting
D. Davis — Nay
J. Jackson — Nay
Dan Blue Democratic Nay
Gladys A. Robinson Democratic Nay
Jay J. Chaudhuri Democratic Nay
Joyce Waddell Democratic Nay
Michael Garrett Democratic Nay
Mujtaba A. Mohammed Democratic Nay
Natalie S. Murdock Democratic Nay
Paul A. Lowe, Jr. Democratic Nay
Tracy Clark Democratic Nay
Bill Rabon Republican Nay
Brent Jackson Republican Nay
Carl Ford Republican Nay
Danny Earl Britt, Jr. Republican Not Voting
Jim Burgin Republican Nay
Norman W. Sanderson Republican Nay
Phil Berger Republican Nay
Ralph Hise Republican Nay
Tom McInnis Republican Nay
Vickie Sawyer Republican Nay
W. Ted Alexander Republican Nay
W. Ted Alexander Republican Nay
Warren Daniel Republican Nay

Official roll call →

Subjects

public-safety education health-insurance
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Frequently asked questions

Who sponsors SB 156?
SB 156 is sponsored by Bishop, Warren Daniel (Republican), Marcus, D. Davis, and Brent Jackson (Republican).
What is the current status of SB 156?
This bill died with 2019-2020 Session. It reached “Passed Senate” 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 SB 156?
Track SB 156 free on One Click Politics — get push/email alerts when it moves.

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