S384 - Criminal Law Changes Summary

• Motions for appropriate relief in superior court must include disclosure of expert witness information and require appointment of counsel for indigent defendants when initial review shows claims warrant a hearing or interests of justice require it, effective December 1, 2017.

• Clarifies "felony offense" for habitual felon charges to include felonies under North Carolina law, substantially similar felonies from other states/sovereigns, federal felonies (excluding liquor-related offenses), and crimes from non-felony jurisdictions punishable by more than one year imprisonment, effective December 1, 2017.

• Removes sunset on drivers license eligibility for persons convicted of habitual impaired driving and adds breaking or entering with intent to terrorize or injure as a habitual breaking and entering status offense, effective December 1, 2017.

• Requires courts to order fingerprinting by sheriff for defendants charged with offenses requiring fingerprints who were not arrested and fingerprinted at the time of offense, with contempt proceedings available for non-compliance, effective December 1, 2017.

• Restricts issuance of arrest warrants based solely on affidavits from private citizens to cases with corroborating testimony, substantial burden findings, or substantial evidence of flight/danger; otherwise requires issuing summons instead, effective December 1, 2017.

• Creates pro rata county funding mechanism for Sheriffs' Supplemental Pension Fund and modifies pension benefit calculations for eligible retired sheriffs, effective January 1, 2018.