GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2019

SESSION LAW 2019-41

HOUSE BILL 617

AN ACT to eliminate the prohibition on referring a juvenile to a teen court program if the juvenile has been referred to a teen court program previously.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 7B‑1706(c) reads as rewritten:

"(c)      If a teen court program has been established in the district, the juvenile court counselor, upon a finding of legal sufficiency, may refer to a teen court program, any case in which a juvenile has allegedly committed an offense that would be an infraction or misdemeanor if committed by an adult. However, the juvenile court counselor shall not refer a case to a teen court program (i) if the juvenile has been referred to a teen court program previously, or (ii) if the juvenile is alleged to have committed any of the following offenses:

(1)        Driving while impaired under G.S. 20‑138.1, 20‑138.2, 20‑138.3, 20‑138.5, or 20‑138.7, or any other motor vehicle violation;

(2)        A Class A1 misdemeanor;

(3)        An assault in which a weapon is used; or

(4)        A controlled substance offense under Article 5 of Chapter 90 of the General Statutes, other than simple possession of a Schedule VI drug or alcohol."

SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 17^th day of June, 2019.

                                                                    s/  Philip E. Berger

                                                                         President Pro Tempore of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Roy Cooper

                                                                         Governor

Approved 2:35 p.m. this 21^st day of June, 2019