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NC S331

Bill

Status

Introduced

3/18/2015

Primary Sponsor

Warren Daniel

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Origin

Senate

2015-2016 Session

AI Summary

  • Raises the age threshold for requiring parental/guardian presence during juvenile interrogation from 14 to 16 years old, and prohibits parents from waiving the juvenile's rights.

  • Adds new due process protections including procedures for motions to suppress evidence in juvenile adjudicatory hearings, with requirements for written motions, affidavits, and findings of fact by the judge.

  • Requires juvenile court counselors to make reasonable efforts to meet with juveniles and families for divertable offenses if no prior complaint exists, and allows prosecutors to voluntarily dismiss juvenile petitions at any time.

  • Allows juveniles adjudicated for minor offenses to petition for expunction of records at age 16 (instead of age 18) if 18 months have passed since release from court jurisdiction.

  • Modifies confinement rules by requiring secure custody determinations to follow formal hearings with written findings of fact, and clarifies that courts cannot impose both next-level dispositions and maximum confinement terms simultaneously for probation violations.

Legislative Description

Juvenile Code Reform

Last Action

Re-ref Com On Judiciary II

4/15/2015

Committee Referrals

Judiciary II4/15/2015
Rules and Operations of the Senate3/19/2015

Full Bill Text

No bill text available