GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-277
SENATE BILL 135
AN ACT to allow a juvenile record to be considered in making the risk determination for establishing a bond under the laws pertaining to the juvenile code.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7B-3000(e) reads as rewritten:
"(e) Notwithstanding
any other provision of law, if the defendant in a criminal proceeding involving
a Class A1 misdemeanor or a felony was less than 21 years of age at the time of
the offense, information obtained pursuant to subsection (b) of this section
regarding the juvenile's record of an adjudication of delinquency for an
offense that would be a Class A1 misdemeanor or a felony if committed by an adult,
where the adjudication occurred 18 months or less before the defendant
reached 16 years of age or the adjudication occurred after the defendant
reached 16 13 years of age, may be used by law enforcement, the
magistrate, the courts, and the prosecutor for pretrial release, plea
negotiating decisions, and plea acceptance decisions. Information obtained
regarding any juvenile record shall remain confidential and shall not be placed
in any public record."
SECTION 2. This act becomes effective December 1, 2011, and applies to pretrial release, plea negotiating decisions, and plea acceptance decisions on or after that date.
In the General Assembly read three times and ratified this the 17th 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 5:18 p.m. this 23rd day of June, 2011