The Raleigh Report
from the office of Representative Marian McLawhorn
December 5 , 2008

Several new criminal laws approved last session went into place earlier this week. These laws represent a good cross-section of the kinds of changes we continue to push for in Raleigh, changes that protect our most vulnerable residents and attempt to punish the worst criminal offenders.

Thank you as always for taking the time to learn more about the work of your General Assembly. Please call or write my office if you need any additional information or if I can be of any service to you.

Protecting Children

_The new Jessica Lunsford Act increases criminal penalties for sex crimes against children. Under the new law (HB 933), the crimes will be punishable by a minimum of 25 years in prison followed by lifetime satellite-based monitoring. Criminal penalties for sexual exploitation of a minor and promoting prostitution of a minor are also increased under the new law. Sexual offender registration requirements have been amended to make them more stringent, and community notification regarding the presence of a sexually violent predator or repeat sex offender is now required. The law will address the education and health of juveniles subject to restrictions, and require sex offender registries checks of school contractual personal before allowing them to have direct interaction with students. In addition, the law established a new criminal offense that makes it unlawful for a sex offender to be on certain premises.

_Lawmakers have passed a bill (SB 1736) that requires sex offenders to register their e-mail addresses or other online identifiers in the statewide sex offender registry. The law also authorizes money for the Governor's Crime Commission to award matching grants to eligible sheriffs' offices to enhance and support their efforts to enforce the state's sex offender laws.

_ The Sexual Predators Act (SB 132) expands the scope of certain pornography laws by amending the definition of sexual activity. The act increases the penalty for first-, second- and third-degree sexual exploitation of a minor, and increases the penalty in certain circumstances where there is a solicitation by computer to commit an unlawful sex act. The law makes it a felony for a registered sex offender to access a commercial social networking web site.  In addition, the act prohibits a registered sex offender from obtaining a name change.

_Lawmakers passed a bill (HB 2338) to help prevent child abuse, neglect, dependence, or the death of any juvenile as the result of maltreatment. Following the recommendations of the Child Fatality Task Force, the new law now requires hospitals and physicians to report serious, non-accidental trauma injuries in children to law enforcement officials.

_Another new law (SB 1860) increases the criminal penalty for misdemeanor child abuse, and amends the criminal offense of felony child abuse.

Domestic Violence

_ Any person who knowingly violates a valid domestic violence protective order for a third time will now be guilty of a Class H felony. The stricter law (HB 44) for repeat offenders was recommended by the Joint Legislative Committee on Domestic Violence.

_Lawmakers passed a bill (SB 944) that changes the penalty for hit-and-run violations. Under the new law, leaving the scene of an accident where a person suffers serious bodily injury is considered a Class F felony.

Nursing Homes

_Based on recommendations made by the North Carolina Study Commission on Aging, lawmakers have passed a bill (HB 2397) to increase security in nursing homes. The new law authorizes the NC State Board of Examiners for Nursing Home Administrators to obtain criminal history record checks of applicants for licensure as nursing home administrators.

Hate Crimes

_The General Assembly ratified and Gov. Easley signed a new law (SB 685) to prohibit the placing of a burning cross on any public place, and to raise the penalty for burning a cross with the intent to intimidate. The new law also raises the penalty for creating an exhibit, such as a noose, with the intent to intimidate and increases the penalty for placing such an exhibit while wearing a mask, hood, or other disguise. To emphasize the severity of hate crimes, the law will increase penalties for offenses committed because of a victim’s background.

Mental Health

_Involuntary commitments must now be reported to the National Instant Criminal Background Check System. The law (S 2081) also provides for restoration of gun rights for formerly committed people who proved they no longer suffer from the condition that resulted in their commitment.

Street Gang Prevention

_ Lawmakers have passed a bill (HB 274) that creates additional offenses, penalties, and criminal procedure for persons involved in street gang activity. The law also outlines and criminalizes a broad range of offenses associated with street gang activity under the “North Carolina Street Gang Suppression Act.”

Please remember that you can listen to each day’s committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select “audio,” and then make your selection – Appropriations Committee Room or Press Conference Room. You can also use the website to look up bills, view lawmaker biographies and access other information.