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NC S140

Bill

Status

Passed

6/7/2010

Primary Sponsor

Bob Atwater

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Origin

Senate

2010 Session

AI Summary

  • Creates a Class H felony for any person subject to a valid protective order who enters property operated as a domestic violence safe house where the protected party resides, regardless of whether the protected party is present on the premises.

  • Establishes limited civil liability immunity for domestic violence shelters and associated persons (directors, owners, officers, employees, victim advocates, and volunteers) from tort liability for harm caused by perpetrators on shelter premises.

  • Immunity does not apply to cases involving gross negligence, wanton conduct, or intentional wrongdoing by the shelter or its associated persons.

  • Defines key terms including "client" (domestic violence, sexual conduct, or stalking victims using shelter services), "shelter" (facilities meeting Chapter 50B criteria and funded through the Domestic Violence Center Fund), and "perpetrator."

  • Section 1 (felony trespass provision) becomes effective December 1, 2010, for offenses committed on or after that date; remaining provisions effective upon enactment (ratified June 3, 2010).

Legislative Description

Protect Victims/DV Shelters

Last Action

Ch. SL 2010-5

6/7/2010

Committee Referrals

Judiciary I7/23/2009
Ways and Means/Broadband Connectivity7/13/2009
Appropriations/Base Budget3/3/2009
Judiciary II2/12/2009

Full Bill Text

No bill text available