HB 636 — Enact Criminal Justice Debt Reform.

GENERAL ASSEMBLY OF NORTH CAROLINA H.B.SESSION 2023 H 1 HOUSE BILL 636 Short Title:

636 Apr 17, 2023 SESSION 2023 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH10173-NDf-7 Short Title:

RepresentativeRepresentatives Alston.Alston, Charles Smith, Buansi, and John (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Rules, Calendar, and Operations of the House April 18, 2023 A BILL TO BE ENTITLED AN ACT TO PROMOTE CRIMINAL JUSTICE DEBT REFORM.

Only upon entry of a written order, supported by findings of fact and conclusions of law, determining that thereis just cause, the courtmay(i)waivecosts assessedunderthis sectionsectionor(ii)waiveorreduce or(ii)waiveorreduce costs assessed under subdivision (7), (8), (8a), (11), (12), or (13) of this section.

7A-146, and the sum of fifty dollars ($50.00) is payable bybya a defendant who fails to paypaya a fine, penalty, or costs within 40days of the date specified in the court's judgment.

The fee for failure to appear shall onlyonlybe be collected once in a criminal case.

*DRH10173-NDf-7**H636-v-1* General Assembly Of North Carolina Session 2023 (7) For the services of the North Carolina State Crime Laboratory facilities, the district or superior court judge shall, upon conviction, order payment of the costs actually incurred for the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), to be remitted to the Department of Justice for support of the Laboratory.

(8) For the services of any crime laboratory facility, the district or superior court judge shall, upon conviction, order payment of the costs actually incurred for theservices, not to exceedthe sum ofsix hundredhundreddollars dollars ($600.00)($600.00), to be remitted to the general fund of the local governmental unit that operates the laboratory or paid for the laboratory services.

(8a) For the services of anyanyprivate private hospital performing toxicological testing under contract with a prosecutorial district, the district or superior court judge shall, upon conviction, order payment of the costs actually incurred for the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), to be remitted to the State Treasurer for the support of the General Court of Justice.

(9b) For the services of any crime laboratory facility, the district or superior court judge shall, upon conviction, order payment of the costs actually incurred for theservices, not to exceedthe sum ofsix hundredhundreddollars dollars ($600.00)($600.00), to be remitted to the general fund of the local law enforcement unit that operates the laboratory or paid for the laboratory services.

The cost shall be assessed only in (i) cases in Page 2 DRH10173-NDf-7House Bill 636-First Edition General Assembly Of North Carolina Session 2023 which, as part of the investigation leading to the defendant's conviction, the laboratory has performed digital forensics, including the seizure, forensic imaging, and acquisition and analysis of digital media, and (ii) if the court finds that the work performed at the laboratory is the equivalent of the same kind of work performed by the North Carolina State Crime Laboratory under subdivision (9a) of this subsection.

8-58.20, or a digital forensics analysis and provides testimony about that analysis in a defendant's trial, the district or superior court judge shall, upon conviction of the defendant, order payment of the costs actuallyactuallyincurred incurred for the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), to be remitted to the Department of Justice for support of the State Crime Laboratory.

This cost shall be assessed onlyonlyin in cases in which the expert witness provides testimony about the chemical or forensic analysis in the defendant's trial and shall be in addition to any cost assessed under subdivision (7) or (9a) of this subsection.

8-58.20, or a digital forensics analysis and provides testimonyaboutthatanalysisinadefendant'strial,thedistrictorsuperiorcourttestimonyaboutthatanalysisinadefendant'strial, thedistrictorsuperiorcourt judge shall, upon conviction of the defendant, order payment of the costs actuallyactuallyincurred incurred for the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), to be remitted to the general fund of the local governmental unit that operates the laboratory or paid for the laboratory services.

20-139.1 and provides testimonyaboutthatanalysisinadefendant'strial,thedistrictorsuperiorcourttestimonyaboutthatanalysisinadefendant'strial, thedistrictorsuperiorcourt judge shall, upon conviction of the defendant, order payment of the costs actuallyactuallyincurred incurred for the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), to be remitted to the State Treasurer for the support of the General Court of Justice.

This cost shall be assessed onlyonlyin in cases in which the expert witness provides testimony about the chemical analysis in the defendant's trial andshall bein additiontoanycost assessedundersubdivision (8a) of this subsection.

Defendants making use of an installment plan shall pay a onetime setup feeoftwentydollars($20.00)tocovertheadditionalcoststothecourtoffeeoftwentydollars($20.00)tocovertheadditionalcoststothecourtofreceivinganddisbursing receivinganddisbursingHouse DRH10173-NDf-7Bill 636-First Edition Page 3 General Assembly Of North Carolina Session 2023 installmentpayments.FeescollectedunderthissubsectionshallberemittedtotheStateTreasurerinstallmentpayments. for support of the General Court of Justice.When making that determination, the court shall consider at a minimum the following factors:

FeescollectedunderthissubsectionshallberemittedtotheStateTreasurer for support of the General Court of Justice.When making that determination, the court shall consider at a minimum the following factors:

(3) The defendant's living arrangements and abilityabilityto to afford or otherwise procure housing.

(5) AnyAnylimits limits on the defendant's abilityabilityto to secure employment, including, but not limited to, lack of access to transportation, limitations upon the defendant's driving privileges, availability of child care for dependents, and any other relevant factors.

– When a defendant who has been required to paypaya a fine or costs or both defaults in payment or in any installment, the court, upon the motion of the prosecutor or upon its own motion, may require the defendant to appear and show cause why he should not be imprisoned or may rely upon a conditional show cause order entered under G.S.

(3) The defendant's living arrangements and abilityabilityto to afford or otherwise procure housing.

(5) AnyAnylimits limits on the defendant's abilityabilityto to secure employment, including, but not limited to, lack of access to transportation, limitations upon the defendant's driving privileges, availability of child care for dependents, and any other relevant factors.

Executions on docketed judgments may be stayed only when an appeal is taken and security is given as required in civil Page 4 DRH10173-NDf-7House Bill 636-First Edition General Assembly Of North Carolina Session 2023 cases.

Prohibitionon revocation issued solely forfailuretoappearforfailuretoappearorpay orpayfine,penalty, fine, penalty, or costs.

20-24.1, the person seeking to have his driver's license restored shall submit to the Division proof that he has notified his insurance agent or companycompanyof of his seeking the restoration and that he is financiallyfinanciallyresponsible. responsible.

… The preceding provisions of this subsection do not apply to applicants who do not own currently registered motor vehicles and who do not operate nonfleet private passenger motor vehicles that areowned bybyotherpersonsandthat otherpersonsandthatarenotarenot insured undercommercialmotorvehicle liability insurance policies.

Nothing in this subsection precludes DRH10173-NDf-7House Bill 636-First Edition Page 5 General Assembly Of North Carolina Session 2023 any person from showing proof of financial responsibility in any other manner authorized by Articles 9A and 13 of this Chapter." SECTION 3.(f) G.S.

… Subdivisions (1) and (2) of this subsection do not apply to applicants who do not own currently registered motor vehicles and who do not operate nonfleet private passenger motor vehicles that areowned bybyotherpersonsandthatarenot otherpersonsandthatarenotinsuredundercommercial insuredmotorvehicle undercommercialmotorvehicle liability insurance policies.

Nothing in this subsection precludes any person from showing proof of financial responsibilityresponsibilityin inanyother any other manner authorized bybyArticles Articles 9A and 13 of this Chapter." SECTION 3.(g) G.S.

"(a) Upon receipt of notice of conviction of anyanyperson person of a motor vehicle moving offense, such offense having been committed while such person's driving privilege was in a state of suspension or revocation, the Division shall revoke such person's driving privilege for an additional period of time as set forth in subsection (b) hereof.

The clerk of superior court in the county in which the case was disposed shall notifynotifythe the Division of anyanyperson person who fails to paypaya a fine or costs imposed pursuant to this section within 40 days of the date specified in the court's judgment, as required by G.S.

Page 6 DRH10173-NDf-7House Bill 636-First Edition General Assembly Of North Carolina Session 2023 (4) Demonstrates to the court that the person's failure to pay the penalty, fine, or costs was not willful and that the person is making a good-faith effort to pay or that the penalty, fine, or costs should be remitted.

Subsections (i) and (j) of this section become effectiveOctober1, 2023, and applyapplyto to licensereinstatements onorafterthaton date.orafterthat date.Theremainder of this section is effective when it becomes law.

Theremainder of this section is effective when it becomes law.

…." DRH10173-NDf-7House Bill 636-First Edition Page 7 General Assembly Of North Carolina Session 2023 2 PART V.

"(e) Any driver or front seat passenger who fails to wear a seat belt as required by this section shall have committed an infraction and shall paypaya apenaltyof penalty of twenty-five dollars and fifty cents ($25.50) plus the following court costs:($25.50).

(3) One dollar and fifty cents ($1.50) to be remitted to the county wherein the infraction was issued, except in those cases in which the infraction was issued bybyalaw alaw enforcementofficer employedbyemployedbya amunicipality,the municipality,feeshall thefeeshall be paid to the municipality employing the officer.