Separate Divisions-Juvenile Justice and Adult Correction.
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HB 173 — Separate Divisions-Juvenile Justice and Adult Correction.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021-2022 Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
693 added · 1056 removedPlain-language change summary
The recent amendments to Bill HB 173 clarify the responsibilities of the Division of Adult Correction within the Department of Public Safety, emphasizing its role in implementing specific programs and reducing crime. Notably, the section detailing the filing of rules and regulations now excludes certain internal management documents, which aims to enhance transparency while still protecting sensitive operational information. This change is important because it balances the need for public access to information with the necessity of maintaining some confidentiality in the division's internal processes.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 21 HOUSE BILL 173 Committee Substitute Favorable 3/24/21 Short Title:
Representatives McNeill, Boles, and C.
Smith (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
State Government, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House March 1, 2021 A BILL TO BE ENTITLED AN ACT TO MAKE JUVENILE JUSTICE AND ADULT CORRECTION SEPARATE DIVISIONS WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND TO APPROPRIATE FUNDS.
*H173-v-1* General Assembly Of North Carolina Session 2021 (a) Thereis herebyestablishedadivision tobeknownas theDivision ofAdultCorrection of the Department of Public Safety.
The Division shall have the power and duty to implement *H173-v-2* General Assembly Of North Carolina Session 2021 Part 2 of this Article and shall have such other powers and duties as are set forth in this Article and prescribed by the Secretary of the Department of Public Safety.
Correction.
Page 2 House Bill 173-First Edition General Assembly Of North Carolina Session 2021 (2) Develop and maintain working relationships and agreements with agencies and organizations that will assist in developing and operating alcoholism and Page 2 House Bill 173-Second Edition General Assembly Of North Carolina Session 2021 chemical dependency treatment and recovery programs in the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
… (e) The community service staff shall report to the court in which the community service was ordered, a significant violation of the terms of the probation, deferred prosecution, or conditional dischargerelatedto communityservice,includinga willfulfailureto payanymoneys due the State under any court order or payment schedule adopted by the Section of Community House Bill 173-First Edition Page 3 General Assembly Of North Carolina Session 2021 Corrections of the Division of Adult Correction andJuvenileJustice.
The community service staff shall give notice of the hearing to determine if there is a willful failure to comply to House Bill 173-Second Edition Page 3 General Assembly Of North Carolina Session 2021 the person who was ordered to perform the community service.
This notice shall be given by either personal delivery to the person to be notified or by depositing the notice in the United States mail in an envelopewith postageprepaid, addressedto thepersonthepersonat at thelast knownaddress available to the preparer of the notice and reasonably believed to provide actual notice to the person.
The Commission shall also have authority to revoke, terminate, and suspend paroles of such persons (including persons placed on parole on or before the effective date of the Executive Organization Act of 1973) and to assist the Governor in exercising his authorityin grantingreprieves,commutations, andpardons,andshallperformsuchotherservices Page 4 House Bill 173-First Edition General Assembly Of North Carolina Session 2021 as may be required by the Governor in exercising his powers of executive clemency.
The Commission shall also have authority to revoke and terminate persons on post-release Page 4 House Bill 173-Second Edition General Assembly Of North Carolina Session 2021 supervision, as provided in Article 84A of Chapter 15A of the General Statutes.
(c) All institutions previously operated by the Office of Juvenile Justice and the present central office of the Office of Juvenile Justice, including land, buildings, equipment, supplies, personnel, or other properties rented or controlled by the Office or by the Office of the Governor House Bill 173-First Edition Page 5 General Assembly Of North Carolina Session 2021 for the Office of Juvenile Justice, shall be administered by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
… House Bill 173-Second Edition Page 5 General Assembly Of North Carolina Session 2021 "Subpart B.
As a condition of assistance, the county shall agree to hold and save harmless the Section Division against any claims, loss, or expense which the Section Division might incur under the contracts by reason of any erroneous, unlawful, or tortious act or omission of the county or its officials, agents, or employees.
As institutional populations are reduced, the Section Division may divert State funds appropriated for institutional programs to purchase the services under the State Budget Act.
(d) Each programmatic, residential, and service contract or agreement entered into bythe Section Division shall include a cooperation clause to ensure compliance with the Section's Division's quality assurance requirements and cost-accounting requirements.
A Section Division employee shall be allowed to work with a foundation no more than Page 6 House Bill 173-First Edition General Assembly Of North Carolina Session 2021 20 hours in any one month.
The board of directors of each private, nonprofit foundation shall secure and pay for the services of the Department of State Auditor or employ a certified public accountant to conduct Page 6 House Bill 173-Second Edition General Assembly Of North Carolina Session 2021 an annual audit of the financial accounts of the foundation.
(a) The Section Division shall encourage visits by parents or guardians and responsible relatives of juveniles committed to the custody of the Section.Division.Section.
House Bill 173-First Edition Page 7 General Assembly Of North Carolina Session 2021 (1) The Section Division shall plan with the counties operating a countydetention facility to provide regional juvenile detention services to surrounding counties.
The Section Division has discretion in defining the geographical boundaries of the regions based on negotiations with affected counties, House Bill 173-Second Edition Page 7 General Assembly Of North Carolina Session 2021 distances, availability of juvenile detention care that meets State standards, and other appropriate factors.
(1) Appoint juvenile court counselors, secretaries, and other personnel authorized by the Section Division in accordance with the personnel policies adopted by the Section.Division.Section.
… Page 8 House Bill 173-First Edition General Assembly Of North Carolina Session 2021 (19) Have any other duties as the Section Division may direct.
Page 8 House Bill 173-Second Edition General Assembly Of North Carolina Session 2021 (a) The Section Division shall develop and implement a comprehensive juvenile delinquency and substance abuse prevention plan and shall coordinate with County Councils for implementation of a continuum of services and programs at the community level.
Criminal history record checks of employees of and applicants for employment with the Department of Health and Human Services, and the House Bill 173-First Edition Page 9 General Assembly Of North Carolina Session 2021 Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
House Bill 173-Second Edition Page 9 General Assembly Of North Carolina Session 2021 a.
Page 10 House Bill 173-First Edition General Assembly Of North Carolina Session 2021 (b) When requested by the Department of Health and Human Services or the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, the North Carolina Department of Public Safety may provide to the requesting department or division a covered person's criminal history from the State Repository of Criminal Page 10 House Bill 173-Second Edition General Assembly Of North Carolina Session 2021 Histories.
The fingerprints of the individual shall be forwarded to the State Bureau of Investigation for a search of the State criminal history record file and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal historyhistoryrecord record check.
House Bill 173-First Edition Page 11 General Assembly Of North Carolina Session 2021 … "Part 6.
House Bill 173-Second Edition Page 11 General Assembly Of North Carolina Session 2021 "§ 143B-1100.
… Page 12 House Bill 173-Second173-First Edition General Assembly Of North Carolina Session 2021 … (2) Offenders identified by the Division of Adult Correction and Juvenile Justice using a validated risk assessment instrument to have a high likelihood of reoffending and a moderate to high need for substance abuse treatment.
Duties of Division of Adult Correction and Juvenile Justice.Correction.Justice.
… (c) TheDivision ofAdult CorrectionCorrectionandJuvenileJustice, andJuvenileJustice, Correction, in partnership with the Department of Health and Human Services, shall develop standard service definitions and performance measures for substance abuse and aftercare support services for inclusion in the contracts.
1-110, 7A-109.3, 7A-313, 7A-451, 7A-474.18, 7A-498.3, 7B-2055, 7B-2517, 14-202, 14-208.20, 14-208.22, 14-208.40, 14-208.40A, 14-208.40B, 14-208.40C, 14-208.41, 14-208.42, 14-208.43, 14-208.44, 14-208.45, 14-254.5, 14-258.1, 14-258.3, 14-269, 14-415.10, 15-6.1, 15-10.1, 15-194, 15-196.3, 15-206, 15-209, 15A-145, 15A-145.1, 15A-145.2, 15A-145.7, 15A-145.8A, 15A-146, 15A-147, 15A-149, 15A-534, 15A-534.1, 15A-544.3, 15A-544.5, 15A-615, 15A-821, 15A-830, 15A-832, 15A-837, 15A-1332, 15A-1340.13, 15A-1340, 15A-1340.14, 15A-1340.16, 15A-1340.18, 15A-1340.20, 15A-1340.21, 15A-1341, 15A-1342, 15A-1343, 15A-1343.2, 14-258.2, 15A-1343.3, 15A-1344, 15A-1351, 15A-1352, 15A-1353, 15A-1354, 15A-1355, 15A-1368.4, 15A-1368, 15A-1368.2, 15A-1368.3, 15A-1368.6, 15A-1369, 15A-1369.4, 15A-1371, 15A-1374, 15A-1376, 15A-2000, 15B-21, 15B-31, 15B-32, 20-19, 20-28, 20-79.4, 20-81.12, 20-179, 20-179.3, 20-179.4, 50-13.2, 65-4, 66-25, 66-58, 97-13, 105-259, 106-915, 108A-14, 115C-46.2, 115D-5, 122C-22, 122C-55, 122C-62, 122C-311, 122C-312, 122C-313, 122C-402, 126-23,122C-421, 127A-54, 130A-25, 131E-98, 131E-184, 131E-214.1, 135-1, 143-63.1, 143-138, 143-300.7, 143-599, House Bill 173-Second173-First Edition Page 13 General Assembly Of North Carolina Session 2021 126-23, 127A-54, 130A-25, 131E-98, 131E-184, 131E-214.1, 135-1, 143-63.1, 143-138, 143-300.7, 143-599, 143-166.2, 143-166.7, 143-166.13, 143B-179, 146-33, 147-12, 148-2, 148-3, 148-4, 148-4.1, 148-6, 148-10,148-10,148-10.1,148-10.2, 148-10.1, 148-10.2, 148-10.3, 148-10.4,148-10.4,148-10.5, 148-10.5, 148-11, 148-12, 148-18, 148-18.1, 148-19, 148-19.1, 148-19.2, 148-22, 148-22.1, 148-23, 148-23.1, 148-23.2, 148-24, 148-26, 148-26.5, 148-28, 148-29, 148-32.1, 148-32.2, 148-33, 148-33.1, 148-36, 148-37, 148-37.3, 148-40,18-40, 148-41, 148-45, 148-46.1, 148-53, 148-54, 148-59, 148-64, 148-64.1, 148-65.6, 148-65.7, 148-66, 148-67, 148-70, 148-74, 148-78, 148-118.1, 148-118.2, 148-118.4, 148-118.5, 148-118.6, 148-130, 148-131, 148-132, 148-134, 150B-1, 153A-221, 153A-230.1, 153A-230.2, 153A-230.3, 153A-230.5, 160A-287, 162-39, 163-82.20A,163-82.20, 164-40, 164-42, 164-47, and 164-50.
7B-3000, 7B-3001, 7B-3100, 14-208.40C, 14-208.41, 15A-837, 15A-1342, 15A-1343, 15A-1343.2, 15A-1368.4, 15A-1369.4, 15A-1371, 20-179.3, 105-259, 115C-46.2, and 148-65.6.
14-208.6, 14-208.40C, 14-258.2, 66-58, 130A-25, 148-11, 148-18, 148-29, 148-130, and 148-130.148-45.
7A-109.3, 7A-302, 7B-3100, 14-239, 14-258.1, 14-316.1, 15-6, 15A-521, 15A-1301, 15A-1351, 15A-1352, 17C-3, 66-58, 114-12.1, 115D-1, 122C-113, 122C-115.4, 122C-117, 143-166.2, 143-166.13, 143B-152.14, 143B-153, 143B-935, 143B-1391, 148-32.1, 162-60,162-601, 153A-221.1, 148-13, 64-40, and 164-43.
Show all 235 changed lines (195 more)
…." SECTION 2.(f1)2.(g) G.S.
15A-521 reads as rewritten:
"§ 15A-521.
Commitment to detention facility pending trial.
(a) Commitment.
– Every person charged with a crime and held in custody who has not been released pursuant to Article 26 of this Chapter, Bail, must be committed by a written order of the judicial official who conducted the initial appearance as provided in Article 24 to an appropriatedetention facilityasprovidedin thissection.
Ifthepersonbeingcommittedbywritten order is under the age of 18, that person must be committed to a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice Page 14 House Bill 173-Second Edition General Assembly Of North Carolina Session 2021 to provide secure confinement and care for juveniles, or to a holdover facility as defined in G.S.
7B-1501(11).
If the person being committed reaches the age of 18 years while held in custody, the person shall be transported by personnel of the Division of Juvenile Justice Section of the Division, Justice or personnel approved by the Juvenile Justice Section, Division of Juvenile Justice to the custody of the sheriff of the county where the charges arose.
… (c) Copies and Use of Order, Receipt of Prisoner.
– … (2) Thejailerorpersonnel ofthe Division ofJuvenileJusticeSection must receive the prisoner and the order of commitment, and note on the order of commitment the time and date of receipt.
As used in this subdivision, "jailer" includes any person having control of a detention facility and "personnel of the Juvenile Justice Section" Division of Juvenile Justice" includes personnel approved by the Juvenile Justice Section.Division of Juvenile Justice.
(3) Upon releasing the prisoner pursuant to the terms of the order, or upon delivering the prisoner to the court, the jailer or personnel of the Division of Juvenile Justice Section must note the time and date on the order and return it to the clerk.
Personnel of the Juvenile Justice Section, Division of Juvenile Justice, or personnel approved by the Juvenile Justice Section, Division of Juvenile Justice, shall transport the person under the age of 18 from the juvenile detention facility or holdover facility to court and shall transfer the person back to the juvenile detention facility or holdover facility.
…." SECTION 2.(f2) G.S.
15A-1301 reads as rewritten:
"§ 15A-1301.
Order of commitment to imprisonment when not otherwise specified.
When a judicial official orders that a defendant be imprisoned he must issue an appropriate written commitment order.
When the commitment is to a sentence of imprisonment, the commitment must include the identification and class of the offense or offenses for which the defendant was convicted and, if the sentences are consecutive, the maximum sentence allowed by law upon conviction of each offense for the punishment range used to impose the sentence for the class of offense and prior record or conviction level, and, if the sentences are concurrent or consolidated, the longest of the maximum sentences allowed by law for the classes of offense and prior record or conviction levels upon conviction of any of the offenses.
If the person sentenced to imprisonment is under the age of 18, the person must be committed to a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles.
If the person is under the age of 18, the person may be temporarily confined in a holdover facility as defined in G.S.
7B-1501(11) until the person can be transferred to a juvenile detention facility.
Personnel of the Division of Juvenile Justice Section or personnel approved by the Division of Juvenile Justice Section shall transport the person to the juvenile detention facility or the holdover facility." SECTION 2.(f3) G.S.
15A-1343 reads as rewritten:
"§ 15A-1343.
Conditions of probation.
… (a1) Community and Intermediate Probation Conditions.
– In addition to any conditions a court may be authorized to impose pursuant to G.S.
15A-1343(b1), the court may include any one or more of the following conditions as part of a community or intermediate punishment:
… (3) Submission to a period or periods of confinement in a local confinement facilityforatotal ofnomorethansix dayspermonthduringanythreeseparate months during the period of probation.
The six days per month confinement House Bill 173-Second Edition Page 15 General Assembly Of North Carolina Session 2021 provided for in this subdivision may only be imposed as two-day or three-day consecutive periods.
When a defendant is on probation for multiple judgments, confinement periods imposed under this subdivision shall run concurrently and may total no more than six days per month.
If the person being ordered to a period or periods of confinement is under the age of 18, that person must be confined in a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles or to a holdover facilityas definedin G.S.
7B-1501(11).
Ifthepersonbeingorderedto aperiod or periods of confinement reaches the age of 18 years while in confinement, the person maybe transported bypersonnel of the Division of Juvenile Justice Section of the Division, Justice, or personnel approved by the Division of Juvenile Justice Section, Justice, to the custody of the sheriff of the applicable local confinement facility.
… (b) Regular Conditions.
– As regular conditions of probation, a defendant must:
… (16) Supplya breath, urine, or blood specimen for analysis of the possible presence of prohibited drugs or alcohol when instructed by the defendant's probation officer for purposes directly related to the probation supervision.
If the results of the analysis are positive, the probationer may be required to reimburse the Division of Adult Correction and Juvenile Justice of the Department of Public Safety for the actual costs of drug or alcohol screening and testing.
… In addition to these regular conditions of probation, a defendant required to serve an active term of imprisonment as a condition of special probation pursuant to G.S.
15A-1344(e) or G.S.
15A-1351(a) shall, as additional regular conditions of probation, obey the rules and regulations of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety governing the conduct of inmates while imprisoned and report to a probation officer in the State of North Carolina within 72 hours of his discharge from the active term of imprisonment.
… (b1) Special Conditions.
– In addition to the regular conditions of probation specified in subsection (b), the court may, as a condition of probation, require that during the probation the defendant comply with one or more of the following special conditions:
… (6) Perform communityor reparation service under the supervision of the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice and pay the fee required by G.S.
143B-708.
… (b2) SpecialConditionsofProbationforSexOffendersandPersonsConvictedofOffenses Involving Physical, Mental, or Sexual Abuse of a Minor.
– As special conditions of probation, a defendant who has been convicted of an offense which is a reportable conviction as defined in G.S.
14-208.6(4), or which involves the physical, mental, or sexual abuse of a minor, must:
… (8) Submit to satellite-based monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes, if the defendant is in the category described by G.S.
14-208.40(a)(2), and the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, based on the Division's riskassessmentprogram, recommendsthatthedefendantsubmittothehighest possible level of supervision and monitoring.
Page 16 House Bill 173-Second Edition General Assembly Of North Carolina Session 2021 (9) Submit at reasonable times to warrantless searches by a probation officer of the probationer's person and of the probationer's vehicle and premises while the probationer is present, for purposes specified by the court and reasonably related to the probation supervision, but the probationer may not be required to submit to any other search that would otherwise be unlawful.
For purposes ofthissubdivision,warrantlesssearchesoftheprobationer's computerorother electronic mechanism which may contain electronic data shall be considered reasonably related to the probation supervision.
Whenever the warrantless search consists oftestingforthepresence ofillegal drugs, theprobationermay also be required to reimburse the Division of Adult Correction and Juvenile JusticeoftheDepartment ofPublicSafetyfortheactual cost ofdrugscreening and drug testing, if the results are positive.
Defendants subject to the provisions of this subsection shall not be placed on unsupervised probation.
(b3) Screening and Assessing for Chemical Dependency.
– A defendant ordered to submit to a period of residential treatment in the Drug Alcohol Recovery Treatment program (DART) or the Black Mountain Substance Abuse Treatment Center for Women operated by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety must undergo a screening to determine chemical dependency.
If the screening indicates the defendant is chemically dependent, the court shall order an assessment to determine the appropriate level of treatment.
The assessment may be conducted either before or after the court imposes the condition, but participation in the program shall be based on the results of the assessment.
(b4) Intermediate Conditions.
– The following conditions of probation apply to each defendant subject to intermediate punishment:
(1) If required in the discretion of the defendant's probation officer, perform community service under the supervision of the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice and pay the fee required by G.S.
143B-708.
… (c) Statement of Conditions.
– A defendant released on supervised probation must be given a written statement explicitly setting forth the conditions on which the defendant is being released.
If any modification of the terms of that probation is subsequently made, the defendant must be given a written statement setting forth the modifications.
Upon entry of an order of supervised probation by the court, a defendant shall submit to the Division of Adult Correction and Juvenile Justice for filing with the clerk of superior court a signed document stating that:
…." SECTION 2.(f4) G.S.
15A-1343.2 reads as rewritten:
"§ 15A-1343.2.
Special probation rules for persons sentenced under Article 81B.
… (b) Purposes of Probation for Communityand Intermediate Punishments.
– The Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall develop a plan to handle offenders sentenced to community and intermediate punishments.
The probation program designed to handle these offenders shall have the following principal purposes:
to hold offenders accountable for making restitution, to ensure compliance with the court's judgment, to effectively rehabilitate offenders by directing them to specialized treatment or education programs, and to protect the public safety.
(b1) Departmental Risk Assessment by Validated Instrument Required.
– As part of the probation program developed by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety pursuant to subsection (b) of this section, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall use a validated House Bill 173-Second Edition Page 17 General Assembly Of North Carolina Session 2021 instrument to assess each probationer for risk of reoffending and shall place a probationer in a supervision level based on the probationer's risk of reoffending and criminogenic needs.
… (e) Delegation to Probation Officer in Community Punishment.
– Unless the presiding judge specificallyfinds in thejudgmentof thecourt thatdelegationis not appropriate,the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety may require an offender sentenced to community punishment to do any of the following:
… (5) Submit to a period or periods of confinement in a local confinement facility for a total of no more than six days per month during any three separate months during the period of probation.
The six days per month confinement provided for in this subdivision may only be imposed as two-day or three-day consecutive periods.
When a defendant is on probation for multiple judgments, confinement periods imposed under this subdivision shall run concurrently and may total no more than six days per month.
If the person being ordered to a period or periods of confinement is under the age of 18, that person must be confined in a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles or to a holdover facilityas definedin G.S.
7B-1501(11).
Ifthepersonbeingorderedto aperiod or periods of confinement reaches the age of 18 years while in confinement, the person maybe transported bypersonnel of the Division of Juvenile Justice Section of the Division, Justice, or personnel approved by the Division of Juvenile Justice Section, Justice, to the custody of the sheriff of the applicable local confinement facility.
… (f) Delegation to Probation Officer in Intermediate Punishments.
– Unless the presiding judge specificallyfinds in thejudgmentof thecourt thatdelegationis not appropriate,the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety may require an offender sentenced to intermediate punishment to do any of the following:
… (6) Submit to a period or periods of confinement in a local confinement facility for a total of no more than six days per month during any three separate months during the period of probation.
The six days per month confinement provided for in this subdivision may only be imposed as two-day or three-day consecutive periods.
When a defendant is on probation for multiple judgments, confinement periods imposed under this subdivision shall run concurrently and may total no more than six days per month.
If the person being ordered to a period or periods of confinement is under the age of 18, that person must be confined in a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles or to a holdover facilityas definedin G.S.
7B-1501(11).
Ifthepersonbeingorderedto aperiod or periods of confinement reaches the age of 18 years while in confinement, the person maybe transported bypersonnel of the Division of Juvenile Justice Section of the Division, Justice, or personnel approved by the Division of Juvenile Justice Section, Justice, to the custody of the sheriff of the applicable local confinement facility.
…." Page 18 House Bill 173-Second Edition General Assembly Of North Carolina Session 2021 SECTION 2.(f5) G.S.
15A-1344 reads as rewritten:
"§ 15A-1344.
Response to violations;
alteration and revocation.
… (c) Procedure on Altering or Revoking Probation;
Returning Probationer to District Where Sentenced.
– When a judge reduces, terminates, extends, modifies, or revokes probation outside the county where the judgment was entered, the clerk must send a copy of the order and anyother records to the courtwhereprobationwas originallyimposed.A courton its own motion mayreturntheprobationerto thedistrict courtdistrict as definedin G.S.
7A-133 orsuperiorcourt district or set of districts as defined in G.S.
7A-41.1, as the case may be, where probation was imposed or where the probationer resides for reduction, termination, continuation, extension, modification, or revocation of probation.
In cases where the probation is revoked in a county other than the county of original conviction the clerk in that county must issue a commitment order and must file the order revokingprobation and the commitmentorder, which will constitute sufficient permanent record of the proceeding in that court, and must send a certified copy of the order revoking probation, the commitment order, and all other records pertaining thereto to the county of original conviction to be filed with the original records.
The clerk in the county other than the countyof original conviction must issue the formal commitment to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
… (d2) Confinement in Response to Violation.
– When a defendant under supervision for a felony conviction has violated a condition of probation other than G.S.
15A-1343(b)(1) or G.S.
15A-1343(b)(3a), the court may impose a period of confinement of 90 consecutive days to be served in the custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
The court may not revoke probation unless the defendant has previouslyreceived a total of two periods of confinement under this subsection.
A defendant may receive only two periods of confinement under this subsection.
The 90-day term of confinement ordered under this subsection for a felony shall not be reduced by credit for time already served in the case.
Any such credit shall instead be applied to the suspended sentence.
However, if the time remaining on the maximum imposed sentence on a defendant under supervision for a felony conviction is 90 days or less, then the term of confinement is for the remaining period of the sentence.
Confinement under this section shall be credited pursuant to G.S.
15-196.1.
When a defendant under supervision for a misdemeanor conviction sentenced pursuant to Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other than G.S.
15A-1343(b)(1) or G.S.
15A-1343(b)(3a), the court may impose a period of confinement pursuant to G.S.
15A-1343(a1)(3).
If the person being ordered to a period of confinement is under the age of 18, that person must be confined in a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles or to a holdover facility as defined in G.S.
7B-1501(11).
If the person being ordered to a period of confinement reaches the age of 18 years while in confinement, the person may be transported by personnel of the Division of Juvenile Justice Section of the Division, Justice, or personnel approved by the Division of Juvenile Justice Section, Justice, to the custody of the sheriff of the applicable local confinement facility.
The court maynot revoke probation unless the defendant has previouslyreceived at least twoperiodsofconfinementforviolatingaconditionofprobationotherthanG.S.
15A-1343(b)(1) or G.S.
15A-1343(b)(3a).
Those periods of confinement may have been imposed pursuant to G.S.
15A-1343(a1)(3), 15A-1343.2(e)(5), or 15A-1343.2(f)(6).
The second period of confinement must have been imposed for a violation that occurred after the defendant served the first period of confinement.
Confinement under this section shall be credited pursuant to G.S.
15-196.1.
When a defendant under supervision for a misdemeanor conviction not sentenced pursuant to Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other House Bill 173-Second Edition Page 19 General Assembly Of North Carolina Session 2021 than G.S.
15A-1343(b)(1) or G.S.
15A-1343(b)(3a), the court may impose a period of confinement of up to 90 consecutive days to be served where the defendant would have served an active sentence.
The court may not revoke probation unless the defendant has previously received a total of two periods of confinement under this subsection.
A defendant may receive only two periods of confinement under this subsection.
Confinement under this section shall be credited pursuant to G.S.
15-196.1.
The period of confinement imposed under this subsection on a defendant who is on probation for multiple offenses shall run concurrently on all cases related to the violation.
Confinement shall be immediate unless otherwise specified by the court.
(e) Special Probation in Response to Violation.
– When a defendant has violated a condition of probation, the court may modify the probation to place the defendant on special probation as provided in this subsection.
In placing the defendant on special probation, the court may continue or modify the conditions of probation and in addition require that the defendant submit to a period or periods of imprisonment, either continuous or noncontinuous, at whatever time or intervals within the period of probation the court determines.
In addition to any other conditions of probation which the court may impose, the court shall impose, when imposing a period or periods of imprisonment as a condition of special probation, the condition that the defendant obeythe rules and regulations of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety governing conduct of inmates, and this condition shall apply to the defendant whether or not the court imposes it as a part of the written order.
If imprisonment is for continuous periods, the confinement may be in either the custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety or a local confinement facility.
Noncontinuous periods of imprisonment under special probation may only be served in a designated local confinement or treatment facility.
If the person being ordered to a period or periods of imprisonment, either continuous or noncontinuous, is under the age of 18, that person must be imprisoned in a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles or to a holdover facilityas defined in G.S.
7B-1501(11).
If the person being ordered to a period or periods of imprisonment reaches the age of 18 years while imprisoned, the person may be transported by personnel of the Division of Juvenile Justice Section of the Division, Justice, or personnel approved bythe Division of Juvenile Justice Section, Justice, to the custody of the sheriff of the applicable local confinement facility.
Except for probationary sentences for impaired driving under G.S.
20-138.1, the total of all periodsofconfinementimposedasanincidentofspecialprobation,butnot includingan activated suspended sentence, may not exceed one-fourth the maximum sentence of imprisonment imposed for the offense.
For probationary sentences for impaired driving under G.S.
20-138.1, the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, shall not exceed one-fourth the maximum penalty allowed by law.
No confinement other than an activated suspended sentence may be required beyond the period of probation or beyond two years of the time the special probation is imposed, whichever comes first.
(e1) Criminal Contempt in Response to Violation.
– If a defendant willfully violates a condition of probation, the court may hold the defendant in criminal contempt as provided in Article 1 of Chapter 5A of the General Statutes.
A finding of criminal contempt bythe court shall not revoke the probation.
If the offender serves a sentence for contempt in a local confinement facility, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall pay for the confinement at the standard rate set by the General Assembly pursuant to G.S.
148-32.1(a) regardless of whether the offender would be eligible under the terms of that subsection.
…." SECTION 2.(f6) G.S.
17C-3(a)(6) reads as rewritten:
Page 20 House Bill 173-Second Edition General Assembly Of North Carolina Session 2021 "(a) There is established the North Carolina Criminal Justice Education and Training Standards Commission, hereinafter called "the Commission." The Commission shall be composed of 34 members as follows:
… (6) Adult Correction and Juvenile Justice.
– Four correctional officers in management positions employed by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall be appointed, two from the Section of Community Corrections upon the recommendation of the Speaker of the House of Representatives and two from the Section of Prisons upon the recommendation of the President Pro Tempore of the Senate.
Appointments by the General Assembly shall be made in accordance with G.S.
120-122.
Appointments by the General Assembly shall serve two-year terms to conclude on June 30th in odd-numbered years or until the appointee no longer serves in a management position with the Division of Adult Correction and Juvenile Justice, Correction, whichever occurs first.
The Governor shall appoint one correctional officer employed by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety and assigned to the Office of Staff Development and Training, and one juvenile justice officer employed by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice.
The Governor's appointments shall serve three-year terms or until the appointee is no longer assigned to the Office of Staff Development and Training or is no longer a juvenile justice officer, whichever occurs first." SECTION 2.(g) G.S.
"(a) The Joint Legislative Oversight Committee on Justice and Public Safety shall examine, on a continuing basis, the correctional, law enforcement, and juvenile justice systems in North Carolina, in order to make ongoing recommendations to the General Assembly on ways to improve those systems and to assist those systems in realizing their objectives of protecting Page 14 House Bill 173-First Edition General Assembly Of North Carolina Session 2021 the public and of punishing and rehabilitating offenders.
Provided by the Division of Social Services of the Department of Health and Human Services and the Division of Adult House Bill 173-Second Edition Page 21 General Assembly Of North Carolina Session 2021 Correction and Juvenile Justice of the Department of Public Safety;Safety.
…." SECTION 2.(g1)2.(h) G.S.
126-5(c3) reads as rewritten:
"(c3) Except as to the policies, rules, and plans established by the Commission pursuant to G.S.
126-4(5) and the provisions of Article 6 of this Chapter, the provisions of this Chapter shall not apply to:
Teaching and related educational classes of employees of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, the Department of Health and Human Services, and any other State department, agency or institution, whose salaries shall be set in the same manner as set for corresponding public school employees in accordance with Chapter 115C of the General Statutes." SECTION 2.(h) G.S.
In consideration of hazardous public service rendered to the people of this State, there is hereby provided a system of benefits for dependents of law-enforcement officers, firefighters, rescue squad workers, and senior Civil AirPatrol members killed in the discharge of their official duties, and for dependents of noncustodial employees of the Division of Adult Correction and the Division of Juvenile Justice of the Department of Public Safety killed by an individual or individuals in thecustodyoftheDivision ofAdultCorrection and ortheDivisionJuvenileJustice of the Department of Public Safety." SECTION 2.(h1)2.(i) G.S.
148-13 reads as rewritten:
"§ 148-13.
Regulations as to custody grades, privileges, gain time credit, etc.
… (a1) The Secretary of Public Safety shall adopt rules to specify the rates at, and circumstances under, which earned time authorized by G.S.
15A-1340.13(d) and G.S.
15A-1340.20(d) may be earned or forfeited by persons serving activated sentences of imprisonment for felony or misdemeanor convictions.
Such rules shall include any person serving an activated sentence of imprisonment who is confined in a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice.
… (e) The Secretary's regulations concerning earned time and good time credits authorized by this section shall be distributed to and followed by local jail administrators and by personnel of the Division of Juvenile Justice Section or personnel approved by the Division of Juvenile Justice Section with regard to sentenced jail prisoners, including prisoners housed in a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice.
…." SECTION 2.(i) G.S.
Enterprises operated under this Article shall be known as "Correction Enterprises."" Page 22 House Bill 173-Second Edition General Assembly Of North Carolina Session 2021 SECTION 2.(j)3. G.S.
164-40There readsis asappropriated rewritten:from the General Fund to the Department of Public Safety, Division of Juvenile Justice, the sum of nine hundred ninety thousand dollars House Bill 173-First Edition Page 15 General Assembly Of North Carolina Session 2021 ($990,000) in recurring funds for the 2021-2023 fiscal biennium to provide annualized recurring funding for seven full-time equivalent (FTE) positions in the Division of Juvenile Justice.
"§ 164-40.
Correction population simulation model;JuvenileJustice Section of theDivision of Adult Correction and Juvenile Justice of the Department of Public Safety facilities population simulation model.
… (b) The Commission shall develop a Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety facilities population simulation model, and shall have first priority to apply the model to a given fact situation, or theoretical change in the dispositional laws set forth in Chapter 7B of the General Statutes, when requested to do so by the Chairman, the Executive Director, or the Commission as a whole.
The Executive Director or the Chairman shall make the model available to respond to inquiries by any State legislator, or by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, in second priority to the work of the Commission." SECTION 3.
There is appropriated from the General Fund to the Department of Public Safety, Division of Juvenile Justice, the sum of nine hundred ninety thousand dollars ($990,000) in recurring funds for the 2021-2023 fiscal biennium to provide annualized recurring funding for seven full-time equivalent (FTE) positions in the Division of Juvenile Justice.
Page 16 House Bill 173-Second173-First Edition Page 23
Show all 235 changed rows (195 more)
Action History
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Reptd Fav Com Substitute
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Re-ref Com On Appropriations
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Passed 1st Reading
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Ref to the Com on State Government, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House
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Filed
Sponsors
- Joe John · Cosponsor
- R. Smith · Cosponsor
- C. Smith · Cosponsor
- McNeill · Primary
- Boles · Primary
- Vernetta Alston · Cosponsor
- Autry · Cosponsor
- Carter · Cosponsor
- Fisher · Cosponsor
- Gailliard · Cosponsor
- Gill · Cosponsor
- Pricey Harrison · Cosponsor
- Hunt · Cosponsor
- Hurley · Cosponsor
- Insko · Cosponsor
- Carolyn G. Logan · Cosponsor
- Marcia Morey · Cosponsor
- Garland E. Pierce · Cosponsor
- III Amos L. Quick · Cosponsor
- Dennis Riddell · Cosponsor
- Terry · Cosponsor
- Donna McDowell White · Cosponsor
- Cecil Brockman · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 21 co-sponsors · 156 not signed on
Sponsors (2)
- McNeill
- Boles
Co-sponsors (21)
- Joe John Democratic
- R. Smith
- C. Smith
- Vernetta Alston Democratic
- Autry
- Carter
- Fisher
- Gailliard
- Gill
- Pricey Harrison Democratic
- Hunt
- Hurley
- Insko
- Carolyn G. Logan Democratic
- Marcia Morey Democratic
- Garland E. Pierce Democratic
- Amos L. Quick, III Democratic
- Dennis Riddell Republican
- Terry
- Donna McDowell White Republican
- Cecil Brockman Democratic
Not signed on (156)
156 members have not signed on to this bill.
Show all 156 →"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 | 33 | 0 | 0 | 1 |
| Republican | 57 | 0 | 0 | 0 |
| Unaffiliated | 26 | 0 | 0 | 1 |
| U | 2 | 0 | 0 | 0 |
| Total | 118 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Autry | — | Yea |
| Clemmons | — | Yea |
| Gill | — | Yea |
| Harris | — | Yea |
| Rudow | — | Yea |
| CharlesSmith | — | Yea |
| Staton-Williams | — | Yea |
| vonHaefen | — | Yea |
| Wray | — | Yea |
| Bradford | — | Yea |
| Cleveland | — | Yea |
| Crutchfield | — | Yea |
| Elmore | — | Yea |
| Faircloth | — | Yea |
| Fontenot | — | Yea |
| Hardister | — | Yea |
| Lowery | — | Yea |
| Mills | — | Yea |
| Moore | — | Yea |
| Reeder | — | Yea |
| Saine | — | Yea |
| Sasser | — | Yea |
| CarsonSmith | — | Yea |
| Sossamon | — | Yea |
| Lucas | — | Not Voting |
| F. Jackson | — | Yea |
| K. Baker | — | Yea |
| Abe Jones | Democratic | Yea |
| Allen Buansi | Democratic | Yea |
| Allison A. Dahle | Democratic | Yea |
| Amber M. Baker | Democratic | Not Voting |
| Amos L. Quick, III | Democratic | Yea |
| B. Ray Jeffers | Democratic | Yea |
| Becky Carney | Democratic | Yea |
| Brandon Lofton | Democratic | Yea |
| Carolyn G. Logan | Democratic | Yea |
| Cecil Brockman | Democratic | Yea |
| Cynthia Ball | Democratic | Yea |
| Deb Butler | Democratic | Yea |
| Eric Ager | Democratic | Yea |
| Garland E. Pierce | Democratic | Yea |
| Gloristine Brown | Democratic | Yea |
| James Roberson | Democratic | Yea |
| Joe John | Democratic | Yea |
| Kanika Brown | Democratic | Yea |
| Laura Budd | Democratic | Yea |
| Lindsey Prather | Democratic | Yea |
| Marcia Morey | Democratic | Yea |
| Maria Cervania | Democratic | Yea |
| Mary Belk | Democratic | Yea |
| Pricey Harrison | Democratic | Yea |
| Renée A. Price | Democratic | Yea |
| Robert T. Reives, II | Democratic | Yea |
| Sarah Crawford | Democratic | Yea |
| Shelly Willingham | Democratic | Yea |
| Terence Everitt | Democratic | Yea |
| Terry M. Brown Jr. | Democratic | Yea |
| Tim Longest | Democratic | Yea |
| Vernetta Alston | Democratic | Yea |
| Ya Liu | Democratic | Yea |
| Zack Hawkins | Democratic | Yea |
| A. Reece Pyrtle, Jr. | Republican | Yea |
| Allen Chesser | Republican | Yea |
| Ben T. Moss, Jr. | Republican | Yea |
| Bill Ward | Republican | Yea |
| Brenden H. Jones | Republican | Yea |
| Brian Biggs | Republican | Yea |
| Celeste C. Cairns | Republican | Yea |
| Charles W. Miller | Republican | Yea |
| Chris Humphrey | Republican | Yea |
| David Willis | Republican | Yea |
| Dean Arp | Republican | Yea |
| Dennis Riddell | Republican | Yea |
| Destin Hall | Republican | Yea |
| Diane Wheatley | Republican | Yea |
| Donna McDowell White | Republican | Yea |
| Donnie Loftis | Republican | Yea |
| Donny Lambeth | Republican | Yea |
| Dudley Greene | Republican | Yea |
| Edward C. Goodwin | Republican | Yea |
| Erin Paré | Republican | Yea |
| Frank Iler | Republican | Yea |
| Harry Warren | Republican | Yea |
| Howard Penny, Jr. | Republican | Yea |
| Hugh Blackwell | Republican | Yea |
| Jake Johnson | Republican | Yea |
| Jay Adams | Republican | Yea |
| Jeff Zenger | Republican | Yea |
| Jeffrey C. McNeely | Republican | Yea |
| Jennifer Balkcom | Republican | Yea |
| Jimmy Dixon | Republican | Yea |
| John A. Torbett | Republican | Yea |
| John R. Bell, IV | Republican | Yea |
| John Sauls | Republican | Yea |
| Joseph Pike | Republican | Yea |
| Julia C. Howard | Republican | Yea |
| Karl E. Gillespie | Republican | Yea |
| Keith Kidwell | Republican | Yea |
| Kelly E. Hastings | Republican | Yea |
| Kyle Hall | Republican | Yea |
| Larry C. Strickland | Republican | Yea |
| Larry W. Potts | Republican | Yea |
| Mark Brody | Republican | Yea |
| Mark Pless | Republican | Yea |
| Matthew Winslow | Republican | Yea |
| Mike Clampitt | Republican | Yea |
| Mitchell S. Setzer | Republican | Yea |
| Neal Jackson | Republican | Yea |
| Phil Shepard | Republican | Yea |
| Ray Pickett | Republican | Yea |
| Sam Watford | Republican | Yea |
| Sarah Stevens | Republican | Yea |
| Stephen M. Ross | Republican | Yea |
| Steve Tyson | Republican | Yea |
| Ted Davis, Jr. | Republican | Yea |
| Tricia Ann Cotham | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| William D. Brisson | Republican | Yea |
| Carla D. Cunningham | U | Yea |
| Nasif Majeed | U | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 10 | 0 | 0 | 2 |
| Unaffiliated | 74 | 0 | 0 | 9 |
| Republican | 21 | 0 | 0 | 2 |
| U | 1 | 0 | 0 | 0 |
| Total | 106 | 0 | 0 | 13 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (119)
| Member | Party | Vote |
|---|---|---|
| Avila | — | Yea |
| Baskerville | — | Yea |
| Boles | — | Yea |
| Bradford | — | Yea |
| Conrad | — | Yea |
| Dobson | — | Yea |
| Floyd | — | Yea |
| Fraley | — | Yea |
| Gill | — | Yea |
| Hurley | — | Yea |
| Insko | — | Not Voting |
| L.Bell | — | Yea |
| C.Graham | — | Yea |
| G.Graham | — | Yea |
| L.Hall | — | Yea |
| Earle | — | Yea |
| Farmer-Butterfield | — | Yea |
| Fisher | — | Yea |
| Goodman | — | Yea |
| Hamilton | — | Yea |
| Hanes | — | Yea |
| Holley | — | Yea |
| Hunter | — | Yea |
| Jackson | — | Yea |
| R.Johnson | — | Yea |
| G.Martin | — | Yea |
| R.Moore | — | Yea |
| Queen | — | Yea |
| B.Richardson | — | Yea |
| B.Turner | — | Yea |
| J.Bell | — | Yea |
| Brawley | — | Yea |
| B.Brown | — | Yea |
| R.Brown | — | Yea |
| L.Johnson | — | Yea |
| Jones | — | Yea |
| Malone | — | Yea |
| S.Martin | — | Yea |
| Bishop | — | Yea |
| Bryan | — | Yea |
| Burr | — | Yea |
| Catlin | — | Yea |
| Collins | — | Yea |
| Daughtry | — | Yea |
| Dollar | — | Yea |
| Elmore | — | Yea |
| Faircloth | — | Yea |
| Hager | — | Yea |
| Hardister | — | Yea |
| Holloway | — | Yea |
| Horn | — | Yea |
| Jeter | — | Yea |
| Jordan | — | Yea |
| Langdon | — | Yea |
| McElraft | — | Yea |
| McNeill | — | Yea |
| Michaux | — | Yea |
| Presnell | — | Yea |
| Saine | — | Yea |
| Speciale | — | Yea |
| Szoka | — | Yea |
| Terry | — | Yea |
| Wray | — | Yea |
| R.Turner | — | Yea |
| D.Hall | — | Not Voting |
| W.Richardson | — | Not Voting |
| T.Moore(Speaker) | — | Not Voting |
| Bumgardner | — | Not Voting |
| Cleveland | — | Not Voting |
| Luebke | — | Not Voting |
| Pendleton | — | Not Voting |
| Yarborough | — | Yea |
| Lewis | — | Yea |
| Lucas | — | Not Voting |
| McGrady | — | Yea |
| Millis | — | Yea |
| Salmon | — | Yea |
| Schaffer | — | Yea |
| Stam | — | Yea |
| Steinburg | — | Yea |
| West | — | Yea |
| Whitmire | — | Yea |
| Zachary | — | Yea |
| Becky Carney | Democratic | Not Voting |
| Cecil Brockman | Democratic | Yea |
| Dante Pittman | Democratic | Yea |
| Eric Ager | Democratic | Yea |
| Gale Adcock | Democratic | Yea |
| Garland E. Pierce | Democratic | Yea |
| Gladys A. Robinson | Democratic | Yea |
| Graig Meyer | Democratic | Not Voting |
| Joyce Waddell | Democratic | Yea |
| Pricey Harrison | Democratic | Yea |
| Robert T. Reives, II | Democratic | Yea |
| Shelly Willingham | Democratic | Yea |
| Carl Ford | Republican | Yea |
| Dean Arp | Republican | Yea |
| Dennis Riddell | Republican | Yea |
| Donny Lambeth | Republican | Yea |
| Frank Iler | Republican | Yea |
| Harry Warren | Republican | Not Voting |
| Hugh Blackwell | Republican | Yea |
| Jay Adams | Republican | Yea |
| Jimmy Dixon | Republican | Yea |
| John A. Torbett | Republican | Yea |
| John M. Blust | Republican | Yea |
| Julia C. Howard | Republican | Yea |
| Kelly E. Hastings | Republican | Not Voting |
| Mark Brody | Republican | Yea |
| Mitchell S. Setzer | Republican | Yea |
| Phil Shepard | Republican | Yea |
| Sam Watford | Republican | Yea |
| Sarah Stevens | Republican | Yea |
| Stephen M. Ross | Republican | Yea |
| Ted Davis, Jr. | Republican | Yea |
| Tricia Ann Cotham | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| William D. Brisson | Republican | Yea |
| Carla D. Cunningham | U | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 33 | 0 | 0 | 1 |
| Democratic | 6 | 0 | 0 | 0 |
| Republican | 7 | 0 | 0 | 2 |
| Total | 46 | 0 | 0 | 3 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (49)
| Member | Party | Vote |
|---|---|---|
| Barefoot | — | Yea |
| Bingham | — | Yea |
| Harrington | — | Yea |
| D.Davis | — | Yea |
| J.Jackson | — | Yea |
| Smith | — | Yea |
| Smith-Ingram | — | Yea |
| VanDuyn | — | Yea |
| Brown | — | Yea |
| J.Davis | — | Yea |
| B.Jackson | — | Yea |
| Newton | — | Yea |
| Tucker | — | Yea |
| Barringer | — | Yea |
| Brock | — | Yea |
| Bryant | — | Yea |
| Curtis | — | Not Voting |
| Foushee | — | Yea |
| Gunn | — | Yea |
| Hartsell | — | Yea |
| Krawiec | — | Yea |
| Meredith | — | Yea |
| Pate | — | Yea |
| Rucho | — | Yea |
| Soucek | — | Yea |
| Stein | — | Yea |
| Tarte | — | Yea |
| Wade | — | Yea |
| Wells | — | Yea |
| Woodard | — | Yea |
| McKissick | — | Yea |
| Rabin | — | Yea |
| Randleman | — | Yea |
| Tillman | — | Yea |
| Amanda P. Cook | Democratic | Yea |
| Dan Blue | Democratic | Yea |
| Gladys A. Robinson | Democratic | Yea |
| Joyce Waddell | Democratic | Yea |
| Paul A. Lowe, Jr. | Democratic | Yea |
| Tracy Clark | Democratic | Yea |
| Bill Rabon | Republican | Yea |
| Carl Ford | Republican | Not Voting |
| Michael V. Lee | Republican | Yea |
| Norman W. Sanderson | Republican | Yea |
| Phil Berger | Republican | Yea |
| Ralph Hise | Republican | Yea |
| Tom McInnis | Republican | Yea |
| W. Ted Alexander | Republican | Not Voting |
| Warren Daniel | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 173?
- HB 173 is sponsored by Joe John (Democratic), R. Smith, C. Smith, McNeill, Boles, Vernetta Alston (Democratic), Autry, Carter, Fisher, Gailliard, Gill, Pricey Harrison (Democratic), Hunt, Hurley, Insko, Carolyn G. Logan (Democratic), Marcia Morey (Democratic), Garland E. Pierce (Democratic), Amos L. Quick, III (Democratic), Dennis Riddell (Republican), Terry, Donna McDowell White (Republican), and Cecil Brockman (Democratic).
- What is the current status of HB 173?
- This bill died with 2021-2022 Session. It reached “In Committee” 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 173?
- Track HB 173 free on One Click Politics — get push/email alerts when it moves.
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