The Raleigh Report
from the office of Representative Marian McLawhorn
August 27, 2009
This week’s newsletter highlights several bills that were passed this session. They deal with issues affecting children, families, seniors, and our justice system.
I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.
_Youth employment protections will be enhanced by requiring the labor commissioner to report on youth employment enforcement activities under a new state law (S.L. 2009-139). The law will enhance the safety of children in the workplace by making more information available on workplace violations.
_The fine for first-time violators of the state's child labor law will be doubled from $250 to $500. The fine for first-time violators of the state's child labor law will be doubled from $250 to $500. The law (S.L. 2009-351) also doubles the sizes of other fines for workplace safety violations involving workers younger than 18 and establishes stiffer criminal penalties. There are regulations in place that bar young workers from performing a host of hazardous jobs, and this law is meant to act as a stronger deterrence against employer violations.
_ The Nicolas Adkins School Bus Safety Act has been signed into law (S.L. 2009-147). The new law allows evidence from automated camera and video recording systems to be used to detect and prosecute drivers who pass stopped school buses. The law is named for a 16-year-old student killed in Rockingham County earlier this year after a driver who passed his stopped school bus struck him with her car.
_A new state law amends the procedure for obtaining a domestic violence protective order or civil no-contact order and clarifies the enforcement and application of a penalty enhancement if a defendant commits an offense while under a domestic violence protective order (S.L. 2009-342). The law also supports the development of a statewide domestic violence protective order notification system and directs the appropriate entities to study state oversight and coordination of services for victims of sexual violence.
_We have passed legislation to clarify domestic violence laws regarding when a law enforcement officer shall arrest a person who has knowingly violated a valid protective order. (S.L. 2009-389).
_We passed a new law to clarify that a Silver Alert may be issued for a person of any age (S.L. 2009-143). The Silver Alert System is a statewide system used to notify people about missing persons believed to be suffering from dementia or other cognitive impairments.
_Taking indecent liberties with a student would be added to the list of sex offenses that require registration under the sex offender and public protection registration program under a bill that has been ratified by the General Assembly (HB 209).
_We have passed a new law to ensure that violence in schools is reported to the local superintendent or the superintendent’s designee (S.L. 2009-410). The law also requires local boards of education to adopt a policy on notification to the parents or legal guardians of students alleged to be victims of any act required to be reported to law enforcement and the superintendent.
_ Convicted sex offenders can now be banned for life from contacting a victim under a new law (S.L. 2009-380) that has been signed by the governor. The permanent no-contact order can be issued by a judge at the request of the district attorney.
_A new state law will provide free forensic medical examinations for victims of rape and sexual offenses (S.L. 2009-354). Victims could previously be held responsible for a co-pay or portion of a deductible payment. The law also encourages victims to seek compensation for other medical expenses related to the rape or sexual offense from the Victims Compensation Program Fund.
_We have ratified legislation intended to help prevent racial profiling by law officers by changing how they collect traffic statistics (SB 464). The legislation also provides that when a law enforcement officer arrests an adult who is supervising minor children, the minors must be placed with a responsible adult approved by the parent or guardian or with social workers if an adult is not readily available.
_The state will be required to collect, maintain and publish statistics on the use of deadly force by law enforcement that results in death under a new state law (S.L. 2009-106).
_The state’s 2005 Anti-Identity Theft Protection Laws will be expanded under a new state law (S.L. 2009-355). Consumers in North Carolina can now be issued a security freeze on their credit at no cost. The law will do a number of other things as well, including authorizing certain court officials to remove Social Security numbers from documents on their Web sites and compelling businesses and government agencies to report all security breaches, not just those that affect more than 1,000 people, to the Attorney General’s office.
_The Division of Emergency Management will be authorized to establish a registry that counties and municipalities could use to identify functionally and medically fragile people during a disaster under a new state law (S.L. 2009-225). The new law also authorizes counties and municipalities to operate similar registries. The intent of this legislation is to improve the safety of medically vulnerable individuals in the event of a disaster.
_Storing and preserving DNA and biological evidence related to a crime is now the responsibility of the law enforcement agency investigating the offense (S.L. 2009-203). Previously, clerks of court were responsible for storing such evidence, but the law was changed since law enforcement is better equipped to handle the job.