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NC H397

Bill

Status

Passed

8/5/2015

Primary Sponsor

Richard Glazier

Click for details

Origin

House of Representatives

2015-2016 Session

AI Summary

  • Clarifies that upon conviction for exploitation of an older adult or disabled adult, seized assets shall be used to satisfy the defendant's restitution obligation as ordered by the court.

  • Establishes procedures for law enforcement to seize and hold personal property, financial assets, and real property (via lis pendens filing) with inventory documentation and returns of service filed with the clerk of superior court.

  • Directs proceeds from sale or conversion of seized assets to be distributed in priority order: restitution to victim, costs of sale, other necessary expenses, then any remaining balance returned to defendant within 30 days.

  • Exempts lis pendens notices filed under this statute from filing fees and allows them to remain effective until the freeze/seizure order is terminated or a sale order is entered.

  • Becomes effective October 1, 2015, and applies to offenses committed on or after that date.

Legislative Description

Clarify Protections/Exploitation of Elders

Last Action

Ch. SL 2015-182

8/5/2015

Committee Referrals

Judiciary II6/24/2015
Rules and Operations of the Senate4/22/2015
Judiciary II3/31/2015

Full Bill Text

No bill text available