GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

 

 

SESSION LAW 2011-267

SENATE BILL 272

 

 

AN ACT to CLARIFY THE ROLE OF CHARITABLE DONATIONS AND WRITE-OFFS AS COLLATERAL SOURCES FOR CRIME VICTIMS COMPENSATION, TO Modify THE SCOPE OF DEPENDENT'S ECONOMIC LOSS FOR CRIME VICTIMS COMPENSATION, to clarify THE confidentiality of crime victims compensation commission records, to require suspension of CRIME VICTIMS COMPENSATION PROCEEDINGS upon request of the attorney general, and to provide that certain state bar records on disciplinary matters and the lawyers assistance program are not public record.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 15B-2 reads as rewritten:

"§ 15B-2.  Definitions.

As used in this Article, the following definitions apply, unless the context requires otherwise:

…

(3)        Collateral source. - A source of benefits or advantages for economic loss otherwise compensable that the victim or claimant has received or that is readily available to the victim or the claimant from any of the following sources:

a.         The offender.

b.         The government of the United States or any of its agencies, a state or any of its political subdivisions, or an instrumentality of two or more states.

c.         Social Security, Medicare, or Medicaid.

d.         State-required, temporary, nonoccupational disability insurance.

e.         Worker's compensation.

f.          Wage continuation programs of any employer.

g.         Proceeds of a contract of insurance payable to the victim for loss that the victim sustained because of the criminally injurious conduct.

h.         A contract providing prepaid hospital and other health care services, or benefits for disability.

i.          A contract of insurance that will pay for expenses directly related to a funeral, cremation, and burial, including transportation of a body.

j.          A charitable gift or donation by a third party, including a charity care write-off of expenses by a medical provider, regardless of whether the gift or donation is subsequently rescinded.

…

(7)        Dependent's economic loss. - Loss after a victim's death of contributions of things of economic value to his dependents, not including services they would have received from the victim if he had not suffered the fatal injury, less expenses of the dependents avoided by reason of the victim's death. Dependent's economic loss will be limited to a 26-week period commencing from the date of the injury, and compensation shall not exceed three hundred dollars ($300.00) per week.

…."

SECTION 2.  G.S. 15B-8.1(b) reads as rewritten:

"(b)      All medical information relating to the mental, physical, or emotional condition of a victim or claimant and all law enforcement records and information and any juvenile records shall be held confidential by the Commission and Director. All personal information, as that term is defined in 18 U.S.C. § 2725(3), of victims and claimants and all information concerning the disposition of claims for compensation, except for the total amount awarded a victim or claimant, shall be held confidential by the Commission and Director. Except for information held confidential under this subsection, the records of the Division shall be open to public inspection."

SECTION 3.  G.S. 15B-11(f) is repealed.

SECTION 4.  G.S. 15B-14(b) reads as rewritten:

"(b)      Upon a request of the Attorney General, the proceedings in a claim for an award of compensation may shall be suspended pending disposition of a criminal prosecution that has been commenced or is imminent."

SECTION 5.  Article 4 of Chapter 84 of the General Statutes is amended by adding a new section to read:

"§ 84-32.1. Confidentiality of records.

(a)        All documents, papers, letters, recordings, electronic records, or other documentary materials, regardless of physical form or characteristic, in the possession of the State Bar or its staff, employees, legal counsel, councilors, and Grievance Committee advisory members concerning any investigation, inquiry, complaint, disability, or disciplinary matter in connection with the State Bar Grievance Committee, the State Bar's Trust Accounting Supervisory Program, or any audit of an attorney trust account shall not be considered public records within the meaning of Chapter 132 of the General Statutes.

(b)        All documents, papers, letters, recordings, electronic records, or other documentary materials containing or reflecting the deliberations of the Disciplinary Hearing Commission in disciplinary or disability matters shall not be considered public records within the meaning of Chapter 132 of the General Statutes.

(c)        Notwithstanding any other provision of this section, any record, paper, or other document containing information collected and compiled by or on behalf of the State Bar that is admitted as evidence in any hearing before the Disciplinary Hearing Commission, or any court or tribunal, shall be a public record within the meaning of Chapter 132 of the General Statutes unless it is admitted into evidence under seal by order of the Disciplinary Hearing Commission, or the court or tribunal in which the proceeding is held.

(d)        All documents, papers, letters, recordings, electronic records, or other documentary materials in the possession of the State Bar or its staff, employees, legal counsel, and Lawyer Assistance Program volunteers, relating in any way to a member's participation or prospective participation in the Lawyer Assistance Program, including, but not limited to, any medical, counseling, substance abuse, or mental health records, shall not be considered public records within the meaning of Chapter 132 of the General Statutes. Neither the State Bar nor any person acting under the authority of the State Bar or of the Lawyer Assistance Program shall be required to produce or testify regarding the contents or existence of such documents."

SECTION 6.  Sections 1 through 4 of this act become effective July 1, 2011, and apply to claims submitted on or after that date.  The remainder of this act is effective when it becomes law.

In the General Assembly read three times and ratified this the 15th day of June, 2011.

 

 

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

 

 

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Beverly E. Perdue

                                                                         Governor

 

 

Approved 4:58 p.m. this 23rd day of June, 2011