GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S                                                                                                                                                    5

SENATE BILL 594

Judiciary II Committee Substitute Adopted 4/10/13

Health Care Committee Substitute Adopted 4/17/13
Fourth Edition Engrossed 4/22/13

House Committee Substitute Favorable 6/19/14

 

Short Title:        Omnibus Justice Amendments.

(Public)

Sponsors:

 

Referred to:

 

April 4, 2013

A BILL TO BE ENTITLED

AN ACT to increase penalties for possession of A firearm by a felon, to remove prohibitions on carrying concealed FIREARMS by certain department of public safety employees, to increase the penalty for carrying a concealed firearm, to increase the penalty for giving or selling a cell phone to an inmate and to make possession of a cell phone by an inmate unlawful, to increase penalties for threats and assaults on government officials, to create an offense when an inmate solicits another to commit a criminal offense, TO INCREASE PENALTIES FOR CERTAIN VIOLATIONS OF THE AMUSEMENT DEVICE SAFETY ACT, to properly implement current expunction provisions, to increase the mandatory retirement age for judges and justices of the general court of justice, to add qualified retired correctional officers to officers exempt from concealed carry course, to conform state law with the United States supreme court decision in hall v. florida, to amend THE discovery procedure in CERTAIN postconviction proceedings, TO MAKE THE TAKING OF THE VENUS FLYTRAP A FELONY, TO INCREASE THE PENALTY FOR GRAFFITI VANDALISM, AND TO ADD THE UNFAIR USE OF CRIMINAL RECORD INFORMATION TO THE CONSUMER PROTECTION LAWS.

The General Assembly of North Carolina enacts:

 

PART I.  INCREASE PENALTY FOR POSSESSION OF FIREARM BY FELON

SECTION 1.1.  G.S. 14‑415.1(a) reads as rewritten:

"(a)       It shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S. 14‑288.8(c). For the purposes of this section, a firearm is (i) any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined in G.S. 14‑409.11.

Every person violating the provisions of this section shall be punished as a Class G felon.Class F felon."

SECTION 1.2.  This Part becomes effective December 1, 2014, and applies to offenses committed on or after that date.

 

PART II.  REMOVE PROHIBITIONS ON CARRYING CONCEALED FIREARMS FOR CERTAIN DEPARTMENT OF PUBLIC SAFETY EMPLOYEES AND INCREASE PENALTY FOR CARRYING CONCEALED WEAPON THAT IS A FIREARM.

SECTION 2.1.  G.S. 14‑269 reads as rewritten:

"...

(b)        This prohibition shall not apply to the following persons:

...

 

(7)        A person employed by the Department of Public Safety who has been designated in writing by the Secretary of the Department, who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24, and has in the person's possession written proof of the designation by the Secretary of the Department, provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body.

...."

SECTION 2.2.  G.S. 14‑269(c) reads as rewritten:

"(c)       Any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor Class A1 misdemeanor for the first offense. A offense and a Class H felony for a second or subsequent offense is punishable as a Class I felony.offense. A violation of subsection (a1) punishable under G.S. 14‑415.21(a) is not punishable under this section."

SECTION 2.3.  G.S. 14‑415.27 reads as rewritten:

"§ 14‑415.27.  Expanded permit scope for certain persons.

Notwithstanding G.S. 14‑415.11(c), any of the following persons who has a concealed handgun permit issued pursuant to this Article or that is considered valid under G.S. 14‑415.24 is not subject to the area prohibitions set out in G.S. 14‑415.11(c) and may carry a concealed handgun in the areas listed in G.S. 14‑415.11(c) unless otherwise prohibited by federal law:

(1)        A district attorney.

(2)        An assistant district attorney.

(3)        An investigator employed by the office of a district attorney.

(4)        A North Carolina district or superior court judge.

(5)        A magistrate.

(6)        A person who is elected and serving as a clerk of court.

(7)        A person who is elected and serving as a register of deeds.

(8)        A person employed by the Department of Public Safety who has been designated in writing by the Secretary of the Department and who has in the person's possession written proof of the designation."

SECTION 2.4.  Section 2.1 and Section 2.3 of this Part are effective July 1, 2014, and apply to offenses occurring on or after that date. Section 2.2 of this Part is effective December 1, 2014, and applies to offenses occurring on or after that date. The remainder of this Part is effective when this act becomes law.

 

PART III.  INCREASE PENALTY FOR GIVING OR SELLING A CELL PHONE TO AN INMATE/MAKE IT UNLAWFUL FOR STATE INMATE TO POSSESS A CELL PHONE/INCREASE PENALTY FOR INMATE OF LOCAL CONFINEMENT FACILITY TO POSSESS CELL PHONE

SECTION 3.1.  G.S. 14‑258.1 reads as rewritten:

"§ 14‑258.1.  Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities; furnishing tobacco products or mobile phones to inmates.

...

(d)        Any person who knowingly gives or sells a mobile telephone or other wireless communications device, or a component of one of those devices, to an inmate in the custody of the Division of Adult Correction of the Department of Public Safety or to an inmate in the custody of a local confinement facility, or any person who knowingly gives or sells any such device or component to a person who is not an inmate for delivery to an inmate, is guilty of a Class 1 misdemeanor.Class H felony.

(e)        Any inmate of a local confinement facility who possesses any tobacco product, as defined in G.S. 148‑23.1, other than for authorized religious purposes, or who possesses a mobile telephone or other wireless communications device or a component of one of those devices, is guilty of a Class 1 misdemeanor.

(f)         Any inmate in the custody of the Division of Adult Correction of the Department of Public Safety or an inmate of a local confinement facility who possesses a mobile telephone or other wireless communication device or a component of one of those devices is guilty of a Class H felony."

SECTION 3.2.  This Part becomes effective December 1, 2014, and applies to offenses committed on or after that date.

 

PART IV.  ASSAULT ON A GOVERNMENT OFFICIAL/THREATS/SOLICITATION BY AN INMATE

SECTION 4.1.  G.S. 14‑16.6 reads as rewritten:

"§ 14‑16.6.  Assault on executive, legislative, or court officer.

(a)        Any person who assaults any legislative officer, executive officer, or court officer, or assaults another person as retaliation against any legislative officer, executive officer, or court officer because of the exercise of that officer's duties, or any person who makes a violent attack upon the residence, office, temporary accommodation or means of transport of any one of those officers or persons in a manner likely to endanger the officer, officer or person, shall be guilty of a felony and shall be punished as a Class I felon.E felon.

(b)        Any person who commits an offense under subsection (a) and uses a deadly weapon in the commission of that offense shall be punished as a Class F felon.D felon.

(c)        Any person who commits an offense under subsection (a) and inflicts serious bodily injury to any legislative officer, executive officer, or court officer, injury, shall be punished as a Class F felon.C felon."

SECTION 4.2.  G.S. 14‑16.7 reads as rewritten:

"§ 14‑16.7.  Threats against executive, legislative, or court officers.

(a)        Any person who knowingly and willfully makes any threat to inflict serious bodily injury upon or to kill any legislative officer, executive officer, or court officer, or who knowingly and willfully makes any threat to inflict serious bodily injury upon or kill any other person as retaliation against any legislative officer, executive officer, or court officer because of the exercise of that officer's duties, shall be guilty of a felony and shall be punished as a Class I felon.F felon.

(b)        Any person who knowingly and willfully deposits for conveyance in the mail any letter, writing, or other document containing a threat to inflict serious bodily injury upon or to kill any legislative officer, executive officer, or court officer, commit an offense described in subsection (a) of this section shall be guilty of a felony and shall be punished as a Class I felon.F felon."

SECTION 4.3.  G.S. 14‑2.6 is amended by adding a new subsection to read:

"(a1)     A person who is lawfully committed to or confined in any State penal institution or local confinement facility and who solicits another person to commit a felony outside the State penal institution or local confinement facility is guilty of a felony that is one class lower than the felony the person solicited the other person to commit, except that a solicitation to commit a Class A or Class B1 felony is a Class B2 felony, a solicitation to commit a Class B2 felony is a Class C felony, and a solicitation to commit a Class I felony is a Class 1 misdemeanor."

SECTION 4.4.  This Part becomes effective December 1, 2014, and applies to offenses committed on or after that date.

 

PART V.  AMUSEMENT DEVICE PENALTIES

SECTION 5.1.  G.S. 95‑111.13 reads as rewritten:

"§ 95‑111.13.  Violations; civil penalties; appeal; criminal penalties.

(a)        Any person who violates G.S. 95‑111.7(a) or (b) (Operation without certificate; operation not in accordance with Article or rules and regulations) or G.S. 95‑111.8 (Location notice) shall be is subject to a civil penalty not to exceed two hundred fifty dollars ($250.00) two thousand five hundred dollars ($2,500) for each rule, regulation, or section of this Article violated and for each day each device is so operated or used.

(b)        Any person who violates G.S. 95‑111.7(c) (Operation after refusal to issue or after revocation of certificate) or G.S. 95‑111.10(c) (Reports required) or G.S. 95‑111.12 (Liability insurance) shall be is subject to a civil penalty not to exceed five hundred dollars ($500.00) five thousand dollars ($5,000) for each day each device is so operated or used.

(c)        Any person who violates G.S. 95‑111.8 (Location notice) shall be subject to a civil penalty not to exceed five hundred dollars ($500.00) for each day any device is operated or used without the location notice having been provided.

(d)        Any person who violates the provisions of G.S. 95‑111.10(d) (Reports required) or knowingly permits the operation of an amusement device in violation of G.S. 95‑111.11(a) (Operator requirements) shall be is subject to a civil penalty not to exceed five hundred dollars ($500.00).five thousand dollars ($5,000) for each day each device is so operated or used.

(e)        Any person who violates G.S. 95‑111.9 (Operation of unsafe device) or G.S. 95‑111.11(b) (Operation of an amusement device while impaired) shall be is subject to a civil penalty not to exceed one thousand dollars ($1,000).ten thousand dollars ($10,000) for each day each device is so operated or used.

(f)         In determining the amount of any penalty ordered under authority of this section, the Commissioner shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person annual gross volume of the business being charged, the gravity of the violation, the good faith of the person person, and the record of previous violations.

(g)        The determination of the amount of the penalty by the Commissioner shall be is final, unless within 15 days after receipt of notice thereof by certified mail with return receipt, by signature confirmation as provided by the U.S. Postal Service, by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or via hand delivery, the person charged with the violation takes exception to the determination, in which event final determination of the penalty shall be made in an administrative proceeding and in a judicial proceeding pursuant to Chapter 150B of the General Statutes, the Administrative Procedure Act.

(h)        The Commissioner may file in the office of the clerk of the superior court of the county wherein the person, against whom a civil penalty has been ordered, resides, or if a corporation is involved, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Commissioner unappealed from, or of a final order of the Commissioner affirmed upon appeal. Whereupon, the clerk of said court shall enter judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in a suit duly heard and determined by the superior court of the General Court of Justice.

(i)         Any person who willfully violates any provision of this Article, and the violation causes the death of any person, shall be Article is guilty of a Class 2 misdemeanor, which may include a fine of not more than ten thousand dollars ($10,000); except that if the conviction is for a violation committed after a first conviction of such person, a provision of this Article, the person shall be is guilty of a Class 1 misdemeanor, which may include a fine of not more than twenty thousand dollars ($20,000). Any person who willfully violates any provision of this Article, and the violation causes the serious injury or death of any person, is guilty of a Class E felony, which may include a fine of not more than fifty thousand dollars ($50,000). This subsection shall not prevent any prosecuting officer of the State of North Carolina from proceeding against such person on a prosecution charging any degree of willful or culpable homicide."

SECTION 5.2.  This Part becomes effective December 1, 2014, and applies to offenses and violations committed on or after that date.

 

PART VI.  PROPER IMPLEMENTATION OF EXPUNCTION LAWS

SECTION 6.1.  G.S. 15A‑145.5(f) reads as rewritten:

"(f)       Any other applicable State or local government agency shall expunge from its records entries made as a result of the conviction ordered expunged under this section upon receipt from the petitioner of an order entered pursuant to this section. The agency shall also vacate any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged. A person whose administrative action has been vacated by an occupational licensing board pursuant to an expunction under this section may then reapply for licensure and must satisfy the board's then current education and preliminary licensing requirements in order to obtain licensure. This subsection shall not apply to the Department of Justice for DNA records and samples stored in the State DNA Database and the State DNA Databank or to fingerprint records.Databank."

SECTION 6.2.  This Part is effective when it becomes law and applies to expunctions issued pursuant to G.S. 15A‑145.5 before, on, or after that date.

 

PART VII.  INCREASE JUDGE RETIREMENT AGE

SECTION 7.1.  G.S. 7A‑4.20 reads as rewritten:

"§ 7A‑4.20.  Age limit for service as justice or judge: exception.

No justice or judge of the General Court of Justice may continue in office beyond the last day of the month in which he the judge attains his seventy‑second or her seventy‑fifth birthday, but justices and judges so retired may be recalled for periods of temporary service as provided in Subchapters II and III of this chapter."

SECTION 7.2.  G.S. 135‑57(b) reads as rewritten:

"(b)      Any member who is a justice or judge of the General Court of Justice shall be automatically retired as of the first day of the calendar month coinciding with or next following the later of January 1, 1974, or his the judge's attainment of his seventy‑second or her seventy‑fifth birthday; provided, however, that no judge who is a member on January 1, 1974, shall be forced to retire under the provisions of this subsection at an earlier date than the last day that he is permitted to remain in office under the provisions of G.S. 7A‑4.20."

SECTION 7.3.  This Part becomes effective December 1, 2014.

 

PART VIII.  ADD RETIRED QUALIFIED CORRECTIONAL OFFICERS/COURSE EXEMPTION

SECTION 8.1.   G.S. 14‑415.10 is amended by adding a new subdivision to read:

"(4c)     Qualified retired correctional officer. An individual who retired from service as a State correctional officer, other than for reasons of mental disability, who has been retired as a correctional officer two years or less from the date of the permit application and who meets all of the following criteria:

a.         Immediately before retirement, the individual met firearms training standards of the Division of Adult Correction of the Department of Public Safety and was authorized by the Division of Adult Correction of the Department of Public Safety to carry a handgun in the course of assigned duties.

b.         The individual retired in good standing and was never a subject of a disciplinary action by the Division of Adult Correction of the Department of Public Safety that would have prevented the individual from carrying a handgun.

c.         The individual has a vested right to benefits under the Teachers' and State Employees' Retirement System of North Carolina established under Article 1 of Chapter 135 of the General Statutes.

d.         The individual is not prohibited by State or federal law from receiving a firearm."

SECTION 8.2.  G.S. 14‑415.12A(a) reads as rewritten:

"(a) A person who is a qualified sworn law enforcement officer, a qualified former sworn law enforcement officer, a qualified retired correctional officer, or a qualified retired probation or parole certified officer is deemed to have satisfied the requirement under G.S. 14 415.12(a)(4) that an applicant successfully complete an approved firearms safety and training course."

SECTION 8.3.  This Part is effective when this act becomes law.

 

PART IX.  CONFORM STATE LAW/HALL V. FLORIDA

SECTION 9.1.  G.S. 15A‑2005 reads as rewritten:

"§ 15A‑2005.  Mentally retarded defendants; Intellectual disability; death sentence prohibited.

(a)        (1)        The following definitions apply in this section:

a.         Mentally retarded. Intellectual disability. A condition marked by Significantly significantly subaverage general intellectual functioning, existing concurrently with significant limitations in adaptive functioning, both of which were manifested before the age of 18.

b.         Significant limitations in adaptive functioning. Significant limitations in two or more of the following adaptive skill areas: communication, self‑care, home living, social skills, community use, self‑direction, health and safety, functional academics, leisure skills and work skills.

c.         Significantly subaverage general intellectual functioning. An intelligence quotient of 70 or below.

(2)        The defendant has the burden of proving significantly subaverage general intellectual functioning, significant limitations in adaptive functioning, and that mental retardation intellectual disability was manifested before the age of 18. An intelligence quotient of 70 or below on an individually administered, scientifically recognized standardized intelligence quotient test administered by a licensed psychiatrist or psychologist is evidence of significantly subaverage general intellectual functioning; however, it is not sufficient, without evidence of significant limitations in adaptive functioning and without evidence of manifestation before the age of 18, to establish that the defendant is mentally retarded.has an intellectual disability. An intelligence quotient of 70, as described in this subdivision, is approximate and a higher score resulting from the application of the standard error of measurement to an intelligence quotient of 70 shall not preclude the defendant from being able to present additional evidence of intellectual disability, including testimony regarding adaptive deficits. Accepted clinical standards for diagnosing significant limitations in intellectual functioning and adaptive behavior shall be applied in the determination of intellectual disability.

(b)        Notwithstanding any provision of law to the contrary, no defendant who is mentally retarded with an intellectual disability shall be sentenced to death.

(c)        Upon motion of the defendant, supported by appropriate affidavits, the court may order a pretrial hearing to determine if the defendant is mentally retarded. has an intellectual disability. The court shall order such a hearing with the consent of the State. The defendant has the burden of production and persuasion to demonstrate mental retardation intellectual disability by clear and convincing evidence. If the court determines that the defendant to be mentally retarded, has an intellectual disability, the court shall declare the case noncapital, and the State may not seek the death penalty against the defendant.

(d)        The pretrial determination of the court shall not preclude the defendant from raising any legal defense during the trial.

(e)        If the court does not find that the defendant to be mentally retarded has an intellectual disability in the pretrial proceeding, upon the introduction of evidence of the raising the issue of intellectual disability defendant's mental retardation during the sentencing hearing, the court shall submit a special issue to the jury as to whether the defendant is mentally retarded has an intellectual disability as defined in this section. This special issue shall be considered and answered by the jury prior to the consideration of aggravating or mitigating factors and the determination of sentence. If the jury determines that the defendant to be mentally retarded, has an intellectual disability, the court shall declare the case noncapital and the defendant shall be sentenced to life imprisonment.

(f)         The defendant has the burden of production and persuasion to demonstrate mental retardation intellectual disability to the jury by a preponderance of the evidence.

(g)        If the jury determines that the defendant is not mentally retarded does not have an intellectual disability as defined by this section, the jury may consider any evidence of mental retardation intellectual disability presented during the sentencing hearing when determining aggravating or mitigating factors and the defendant's sentence.

(h)        The provisions of this section do not preclude the sentencing of a mentally retarded an offender with an intellectual disability to any other sentence authorized by G.S. 14‑17 for the crime of murder in the first degree."

SECTION 9.2.  This Part is effective when this act becomes law.

 

PART X.  CERTAIN POSTCONVICTION PROCEEDINGS/PROVIDE FILES REQUIRED TO RESOLVE ISSUES

SECTION 10.1.  G.S. 15A‑1415(f) reads as rewritten:

"(f)       In the case of a defendant who is represented by counsel in postconviction proceedings in superior court, the defendant's prior trial or appellate counsel shall make available to the defendant's counsel their complete files relating to the case of the defendant. If, upon motion by the defendant, a superior court judge finds that issues have been raised, or could be raised, in the postconviction proceedings that require the State to make available to the defendant the files of law enforcement and prosecutorial agencies involved in the investigation of the crimes committed or the prosecution of the defendant, then the court shall order the State to make available such parts of the files that are necessary for a full and complete resolution of the issues. In postconviction proceedings filed by defendants with an offense date that occurred prior to December 1, 2004, The the State, to the extent allowed by law, shall make available to the defendant's counsel the complete files of all law enforcement and prosecutorial agencies involved in the investigation of the crimes committed or the prosecution of the defendant. If the State has a reasonable belief that allowing inspection of any portion of the files by counsel for the defendant would not be in the interest of justice, the State may submit for inspection by the court those portions of the files so identified. If upon examination of the files, the court finds that the files could not assist the defendant in investigating, preparing, or presenting a motion for appropriate relief, the court in its discretion may allow the State to withhold that portion of the files."

SECTION 10.2.  This Part becomes effective December 1, 2014, and applies to postconviction proceedings commenced by filing on or after that date.

 

PART XIVENUS FLYTRAP LARCENY/FELONY.

SECTION 11.1.  G.S. 14‑129 reads as rewritten:

"§ 14‑129.  Taking, etc., of certain wild plants from land of another.

(a)        No person, firm or corporation shall dig up, pull up or take from the land of another or from any public domain, the whole or any part of any Venus flytrap (Dionaea muscipula), trailing arbutus, Aaron's Rod (Thermopsis caroliniana), Bird‑foot Violet (Viola pedata), Bloodroot (Sanguinaria canadensis), Blue Dogbane (Amsonia tabernaemontana), Cardinal‑flower (Lobelia cardinalis), Columbine (Aquilegia canadensis), Dutchman's Breeches (Dicentra cucullaria), Maidenhair Fern (Adiantum pedatum), Walking Fern (Camptosorus rhizophyllus), Gentians (Gentiana), Ground Cedar, Running Cedar, Hepatica (Hepatica americana and acutiloba), Jack‑in‑the‑Pulpit (Arisaema triphyllum), Lily (Lilium), Lupine (Lupinus), Monkshood (Aconitum uncinatum and reclinatum), May Apple (Podophyllum peltatum), Orchids (all species), Pitcher Plant (Sarracenia), Shooting Star (Dodecatheon meadia), Oconee Bells (Shortia galacifolia), Solomon's Seal (Polygonatum), Trailing Christmas (Greens‑Lycopodium), Trillium (Trillium), Virginia Bluebells (Mertensia virginica), and Fringe Tree (Chionanthus virginicus), American holly, white pine, red cedar, hemlock or other coniferous trees, or any flowering dogwood, any mountain laurel, any rhododendron, or any ground pine, or any Christmas greens, or any Judas tree, or any leucothea, or any azalea, without having in his possession a permit to dig up, pull up or take such plants, signed by the owner of such land, or by his duly authorized agent. Any person convicted of violating the provisions of this section shall be guilty of a Class 3 misdemeanor only punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each offense. The provisions of this section shall not apply to the Counties of Cabarrus, Carteret, Catawba, Cherokee, Chowan, Cumberland, Currituck, Dare, Duplin, Edgecombe, Franklin, Gaston, Granville, Hertford, McDowell, Pamlico, Pender, Person, Richmond, Rockingham, Rowan and Swain.

(b)        Any person who takes and carries away, or aids in taking or carrying away, any Venus flytrap (Dionaea muscipula) plant or the seed of any Venus flytrap plant growing upon the lands of another person with the intent to steal the Venus flytrap plant or seed is guilty of a Class H felony."

SECTION 11.2.  This Part becomes effective December 1, 2014, and applies to offenses committed on or after that date.

 

PART XII.  INCREASE PENALTY FOR GRAFFITI VANDALISM

SECTION 12.1  Article 22 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑127.1.  Graffiti vandalism.

(a)        Except as otherwise provided in this section, any person who engages in graffiti vandalism of (i) any real property, whether public or private, or (ii) any public building or facility, or any statue or monument situated in any public place, shall be guilty of a Class 1 misdemeanor. A person convicted of a Class 1 misdemeanor under this subsection shall be fined a minimum of five hundred dollars ($500.00) and required to perform 24 hours of community service.

(b)        Any person who violates subsection (a) of this section shall be guilty of a Class I felony if either of the following apply:

(1)        The cost to repair damage caused by the violation is in excess of one thousand dollars ($1,000).

(2)        The person has two or more prior convictions for violation of this section.

(c)        If a person is convicted of five or more violations of this section in a single session of district court or in a single week of superior court, and at least five of the offenses occurred within a 60‑day period, the court shall consolidate the offenses for judgment and the consolidated offenses shall be punishable as a Class I felony.

(d)        As used in this section, "graffiti vandalism" means to unlawfully write or scribble on, mark, paint, deface, besmear, or injure the walls of (i) any real property, whether public or private, (ii) any public building or facility as defined in G.S. 14‑132, or (iii) any statue or monument situated in any public place, by any type of pen, paint, or marker regardless of whether the pen or marker contains permanent ink, paint, or spray paint."

SECTION 12.2.  This Part becomes effective December 1, 2014, and applies to offenses committed on or after that date.

 

PART XIII. UNFAIR USE OF CRIMINAL RECORD INFORMATION

SECTION 13.1.  Chapter 75 of the General Statutes is amended by adding a new section to read:

"§ 75‑43.  Unfair use of criminal record information.

(a)        The violation of any provision of this section shall be considered an unfair trade practice, as prohibited by G.S. 75‑1.1.

(b)        A person commits a violation under this section if the person does both of the following:

(1)        Engages in publishing or otherwise disseminating, in print or over the Internet, photographs of an individual taken pursuant to G.S. 15A‑502(a)(1) or G.S. 15A‑502(a2) or authorized by G.S. 15A‑502(b).

(2)        Solicits or accepts the payment of a fee or other consideration to remove the individual's photograph."

SECTION 13.2.  This Part becomes effective December 1, 2014, and applies to violations occurring on or after that date.

 

PART XIV.  EFFECTIVE DATE

SECTION 14.  Except as otherwise provided, this act is effective when it becomes law.