Effective immediately, there is a new exception to G.S. 90-113.22 (possession of drug paraphernalia) and G.S. 90-113.22A (possession of marijuana paraphernalia). Pursuant to S.L. 2019-159, it is “not unlawful” for a drug user to possess or use “testing equipment for identifying or analyzing the strength, effectiveness, or purity” of drugs, or for an “organization that promotes scientifically proven ways of mitigating health risks associated with drug use” to possess or distribute such equipment. Read on to find out what’s behind the change.
legislation
Revoking Licenses for Failure to Pay: Is Change on the Horizon?
The revocation of driver’s licenses for unpaid court costs and fines has been a hot topic of late. Much of the focus has centered around the spiral of debt that can result when an indigent person’s license is revoked for this reason. The narrative goes like this: The person is convicted of a relatively minor violation of the motor vehicle laws. Court costs and a fine are imposed. The person, who is financially unable to do so, fails to pay those amounts. Forty days after the judgment, the clerk of court reports the failure to pay to DMV. DMV mails a revocation order to the person, which becomes effective 60 days later. The person could forestall or end the revocation by paying the amounts owed, but she lacks the funds to do that. Yet she must drive in order to keep her job. So, notwithstanding the revocation, she continues to drive. Soon, she is charged with driving while license revoked and is convicted. Court costs are imposed again. And again, she lacks the funds to pay. DMV issues another revocation. When this cycle repeats itself over time, the person may wind up owing hundreds – or even thousands – of dollars in court debt, which, again, she lacks the resources to pay.
New Bill Proposes GPS Tracking of Domestic Violence Offenders
A bill has been introduced in the legislature that would allow for GPS tracking of domestic violence offenders. Has that been tried elsewhere? Would it be constitutional? Would it open the door to tracking other types of people? This post tackles those questions.
Easy Come, Easy Go: Legislature Removes Affidavit Requirement for Citizen-Initiated Criminal Process
About a year ago, I wrote this post, discussing what was then a new provision in G.S. 15A-304(b): “[A]n official shall only find probable cause based solely on information provided by a person who is not a sworn law enforcement officer if the information is provided by written affidavit.” This year, the General Assembly reversed course and removed the affidavit requirement.
New Restrictions on Citizen-Initiated Criminal Process
A colleague stopped into my office the other day to ask “did the General Assembly get rid of citizen-initiated warrants?” No, but it did make some significant changes to the procedure.
Legislative Changes to Which Prior Convictions Can Support a Habitual Felon Charge
S.L. 2017-176 makes two important changes to which prior convictions can support a habitual felon charge. The legislation (1) clarifies the status of prior convictions from New Jersey and other states that don’t use the term “felony,” and (2) imposes a new requirement that a prior conviction from another state be for an offense that is “substantially similar” to a North Carolina felony.
Culling Feral Swine from Aircraft
Every year as I do presentations about new criminal law legislation, a smaller piece of legislation catches my eye. Invariably as I look into the legislation, I learn about the concerns that led to the legislation. An example this year is S.L. 2016-113 sec. 3 (S 770), which allows the culling of feral swine—that is, wild boar—from aircraft. At first glance, the description conjures up images of hunting parties taking to the sky to go after wild boar. That’s not what the legislation contemplates. Taking wild animals from or with the use of aircraft remains a misdemeanor under North Carolina law. See G.S. 113-191.1(b)(1); G.S. 113-135(a). The legislation adds a new statute, G.S. 113-299, creating a narrow exception from this prohibition for wildlife officers and similar federal employees. What’s behind the legislation? What does it allow? What doesn’t it allow?
Other 2016 Legislation Related to Probation, Post-Release Supervision, and Parole
Prior posts looked at the new probation condition requiring a waiver of extradition and the new, new rules for jail credit for CRV. Today’s post covers the rest of this year’s most significant legislation related to probation, post-release supervision, and parole.
Changes to the Gun Permit Laws
North Carolina has two kinds of gun permits: pistol purchase permits and concealed carry permits. Both types of permits are issued by sheriffs. The statutes concerning both kinds of permits were amended during the 2015 legislative session by S.L. 2015-195. This post summarizes the most important changes.
Reconciling Multiple Statutory Amendments Made in the Same Session
How is a statute supposed to read when the General Assembly amends it in May and then amends it again in July without acknowledging the prior amendment? Let me clarify with an example.