North Carolina 2019-2020 Session Status: Passed House Bipartisan · 15 D · 1 I · 1 R cosponsors

HB 347 — Study No Delinquent/Undisciplined Under 10.

Last action — Passed 2nd Reading

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

This bill died with 2019-2020 Session. It reached “Passed House” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

26 added · 118 removed

Plain-language change summary

The bill has been revised to focus specifically on juveniles aged 10 and older, removing the inclusion of those under 10 in the definitions of "delinquent juvenile" and "undisciplined juvenile." This change means that only children ages 10 to 15 will be considered for these terms, excluding younger children entirely. The aim of this shift is to align with practices in other states and to better understand the behaviors of older juveniles. This adjustment matters because it could impact how juveniles are treated in the legal system and potentially lead to new recommendations for addressing youth behavior.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 2 HOUSE BILL 347 Committee Substitute Favorable 5/3/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 3 HOUSE BILL 347 Committee Substitute Favorable 5/3/19 Committee Substitute #2 Favorable 5/6/19 Short Title:
No Delinquent/Undisciplined Under 10 Yrs Old.
Study No Delinquent/Undisciplined Under 10.
March 14, 2019 A BILL TO BE ENTITLED AN ACT TO MODIFY THE DEFINITIONS OF DELINQUENT JUVENILE AND UNDISCIPLINED JUVENILE TO INCLUDE ONLY JUVENILES AT LEAST TEN YEARS OF AGE.
March 14, 2019 A BILL TO BE ENTITLED AN ACT DIRECTING THE JUVENILE JURISDICTION ADVISORY COMMITTEE TO STUDY MODIFYING THE DEFINITIONS OF DELINQUENT JUVENILE AND UNDISCIPLINED JUVENILE TO INCLUDE ONLY JUVENILES AT LEAST TEN YEARS OF AGE.
SECTION 1.(a) G.S.
SECTION 1.
7B-1501 reads as rewritten:
The Juvenile Jurisdiction Advisory Committee (Committee) shall study the effects of modifying the definitions of delinquent juvenile and undisciplined juvenile to include only juveniles who are under 16 years old, but at least 10 years old, and no longer include juveniles between the ages of 6 and 10.
"§ 7B-1501.
Definitions.
In this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings.
The singular includes the plural, unless otherwise specified:
… (7) Delinquent juvenile.
– Any juvenile who, while less than 16 years of age but at least 6 10 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws, or who commits indirect contempt by a juvenile as defined in G.S.
5A-31.
… (27) Undisciplined juvenile.
– a.
A juvenile who, while less than 16 years of age but at least 6 10 years of age, is unlawfully absent from school;
or is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian;
or is regularly found in places where it is unlawful for a juvenile to be;
or has run away from home for a period of more than 24 hours;
or b.
A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian;
or is regularly found in places where it isunlawfulforajuveniletobe;orhasrunawayfromhomeforaperiod of more than 24 hours.
…." SECTION 1.(b) G.S.
143B-805 reads as rewritten:
"§ 143B-805.
Definitions.
In this Part, unless the context clearly requires otherwise, the following words have the listed meanings:
… (6) Delinquent juvenile.
– Any juvenile who, while less than 16 years of age but at least 6 10 years of age, commits a crime or infraction under State law or *H347-v-2* General Assembly Of North Carolina Session 2019 under an ordinance of local government, including violation of the motor vehicle laws.
… (20) Undisciplined juvenile.
– a.
A juvenile who, while less than 16 years of age but at least 6 10 years of age, is unlawfully absent from school;
or is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian;
or is regularly found in places where it is unlawful for a juvenile to be;
or has run away from home for a period of more than 24 hours;
or b.
A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian;
or is regularly found in places where it isunlawfulforajuveniletobe;orhasrunawayfromhomeforaperiod of more than 24 hours.
…." SECTION 1.(c) This section is effective when it becomes law and applies to delinquent or undisciplined acts committed on or after that date.
G.S.
In conducting this study, the Committee shall consider all of the following:
7B-1903(f) is repealed effective four years from the date this act becomes law.
(1) The number of delinquent juveniles under the age of 10 and the kinds of crimes and infractions these juveniles have committed, and the number of undisciplined juveniles under the age of 10.
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(2) The ways other states address juveniles under the age of 10 who commit crimes or infractions, are unlawfully absent from school, or are regularly disobedient.
(3) The input of interested stakeholders.
G.S.
The Committee shall report is findings and recommendations, which may include recommended legislation, to the Joint Legislative Oversight Committee on Justice and Public Safety no later than March 1, 2020.
7B-2102 reads as rewritten:
SECTION 4.
"§ 7B-2102.
This act is effective when it becomes law.
Fingerprinting and photographing juveniles.
*H347-v-3*
(a) A law enforcement officer or agency shall fingerprint and photograph a juvenile who was 10 years of age or older at the time the juvenile allegedly committed a nondivertible offense as set forth in G.S.
7B-1701, when a complaint has been prepared for filing as a petition and the juvenile is in physical custody of law enforcement or the Division.
… (b) If a law enforcement officer or agency does not take the fingerprints or a photograph of the juvenile pursuant to subsection (a) of this section or the fingerprints or photograph have been destroyed pursuant to subsection (e) of this section, a law enforcement officer or agency shall fingerprint and photograph a juvenile who has been adjudicated delinquent if the juvenile was 10 years of age or older at the time the juvenile committed an offense that would be a felony if committed by an adult.
(c) A law enforcement officer, facility, or agency who fingerprints or photographs a juvenile pursuant to this section shall do so in a proper format for transfer to the State Bureau of Investigation and the Federal Bureau of Investigation.
After the juvenile, who was 10 years of age or older at the time of the offense, juvenile is adjudicated delinquent of an offense that would be a felony if committed by an adult, fingerprints obtained pursuant to this section shall be transferred to the State Bureau of Investigation and placed in the Automated Fingerprint Identification System (AFIS) to be used for all investigative and comparison purposes.
Photographs obtained pursuant to this section shall be placed in a format approved by the State Bureau of Investigation and may be used for all investigative or comparison purposes.
The State Bureau of Investigation shall release any photograph it receives pursuant to this section to the Division, upon the Division's request.
The dutyof confidentiality in subsection (d) of this section applies to the Division, except as provided in G.S.
7B-3102.
…." SECTION 4.
G.S.
7B-2513(a) reads as rewritten:
"(a) Pursuant to G.S.
7B-2506 and G.S.
7B-2508, the court may commit a delinquent juvenile who is at least 10 years of age to the Division for placement in a youth development center.
Commitment shall be for an indefinite term of at least six months.
In no event shall the term exceed:
Page 2 House Bill 347-Second Edition General Assembly Of North Carolina Session 2019 (1) The twenty-first birthday of the juvenile if the juvenile has been committed to the Division for an offense that would be first-degree murder pursuant to G.S.
14-17, first-degree forcible rape pursuant to G.S.
14-27.21, first-degree statutory rape pursuant to G.S.
14-27.24, first-degree forcible sexual offense pursuant to G.S.
14-27.26, or first-degree statutory sexual offense pursuant to G.S.
14-27.29 if committed by an adult;
(2) The nineteenth birthday of the juvenile if the juvenile has been committed to the Division for an offense that would be a Class B1, B2, C, D, or E felony if committed by an adult, other than an offense set forth in subdivision (1) of this subsection;
or (3) The eighteenth birthday of the juvenile if the juvenile has been committed to the Division for an offense other than an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult.
No juvenile shall be committed to a youth development center beyond the minimum six-month commitment for a period of time in excess of the maximum term of imprisonment for which an adult in prior record level VI for felonies or in prior conviction level III for misdemeanors could be sentenced for the same offense, except when the Division pursuant to G.S.
7B-2515 determines that the juvenile's commitment needs to be continued for an additional period of time to continue care or treatment under the plan of care or treatment developed under subsection (f) of this section.
At the time of commitment to a youth development center, the court shall determine the maximum period of time the juvenile may remain committed before a determination must be made by the Division pursuant to G.S.
7B-2515 and shall notify the juvenile of that determination." SECTION 5.
Except as otherwise provided, this act is effective when it becomes law.
House Bill 347-Second Edition Page 3
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Action History

  1. Passed 2nd Reading

  2. Passed 3rd Reading

  3. Special Message Sent To Senate

  4. Special Message Received From House

  5. Passed 1st Reading

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

  7. Reptd Fav Com Sub 2

  8. Cal Pursuant Rule 36(b)

  9. Placed On Cal For 05/07/2019

  10. Reptd Fav Com Substitute

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

  12. Passed 1st Reading

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

  14. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 33 co-sponsors · 143 not signed on · 2 voted No

Sponsors (3)

Co-sponsors (33)

Not signed on (143)

143 members have not signed on to this bill.

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"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 113 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 24001
Republican 31101
Unaffiliated 56202
U 2000
Total 113304
% of votes cast 94%3%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
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Murphy — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Sasser — Nay
Moore — Not Voting
L. Johnson — Not Voting
C. Smith — Nay
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
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 Not Voting
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 Not Voting
Jay Adams 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 Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Jarvis Republican Nay
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

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 347?
HB 347 is sponsored by Marcia Morey (Democratic), Horn, McGrady, Pricey Harrison (Democratic), Adcock, Autry, Batch, Mary Belk (Democratic), Deb Butler (Democratic), Clemmons, Carla D. Cunningham (U), Farmer-Butterfield, Fisher, Floyd, Garrison, Gill, Graham, Holley, Hunt, Insko, Lucas, Garland E. Pierce (Democratic), Amos L. Quick, III (Democratic), Robert T. Reives, II (Democratic), Richardson, Rogers, Terry, Shelly Willingham (Democratic), Brian Turner (Democratic), Carolyn G. Logan (Democratic), Zack Hawkins (Democratic), Edward C. Goodwin (Republican), Allison A. Dahle (Democratic), Becky Carney (Democratic), Cecil Brockman (Democratic), and Eric Ager (Democratic).
What is the current status of HB 347?
This bill died with 2019-2020 Session. It reached “Passed House” 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 347?
Track HB 347 free on One Click Politics — get push/email alerts when it moves.

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