North Carolina SB 270: AOC Omnibus Changes.-AB

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 1
SENATE BILL 270*

Short Title: AOC Omnibus Changes.-AB (Public)
Sponsors: Senator Randleman (Primary Sponsor).
Referred to: Rules and Operations of the Senate.
March 12, 2015
*S270-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND VARIOUS LAWS AFFECTING THE ADMINISTRATIVE OFFICE 2
OF THE COURTS. 3
The General Assembly of North Carolina enacts: 4
5
PART I. ALLOW STATE AGENCIES AND OTHER ENTITIES TO OPT OUT OF 6
RECEIVING COPIES OF THE APPELLATE REPORTS 7
SECTION 1. G.S. 7A-343.1 reads as rewritten: 8
"§ 7A-343.1. Distribution of copies of the appellate division reports. 9
(a) The Administrative Officer of the Courts shall, at the State's expense distribute such 10
number of copies of the appellate division reports to federal, State departments and agencies, 11
and to educational institutions of instruction, as follows: 12
... 13
(b) A recipient listed in subsection (a) of this section may choose not to receive its 14
copies of the appellate division reports, or choose to receive fewer than the number of copies 15
allotted to it, by notifying the Administrative Officer of the Courts in writing. Should the 16
recipient again wish to receive its full allotment of the appellate division reports, the recipient 17
shall notify the Administrative Officer of the Courts in writing, and the Administrative Officer 18
of the Courts may, in his or her discretion, resume distribution to the recipient." 19
20
PART II. ALLOW CUSTODIANS OF STATE PUBLICATIONS TO RELEASE 21
UNNECESSARY PUBLICATIONS TO STATE SURPLUS 22
SECTION 2. G.S. 14-241 reads as rewritten: 23
"§ 14-241. Disposing of public documents or refusing to deliver them over to successor. 24
It shall be the duty of the clerk of the superior court of each county, and every other person 25
to whom the acts of the General Assembly, appellate division reports or other public documents 26
are transmitted or deposited for the use of the county or the State, to keep the same safely in 27
their respective offices; and if any such person having the custody of such books and 28
documents, for the uses aforesaid, shall negligently and willfully dispose of the same, by sale or 29
otherwise, or refuse to deliver over the same to his successor in office, he shall be guilty of a 30
Class 1 misdemeanor. If the clerk of superior court or other custodian determines that the acts 31
of the General Assembly or the appellate division reports no longer are necessary to the 32
effective operation of his or her office, the clerk or other custodian may transfer these materials 33
to the proper recipient for disposition as surplus State property or as otherwise directed by the 34
State Surplus Property Agency of the Department of Administration." 35

General Assembly of North Carolina Session 2015
Page 2 S270 [Edition 1]
1
PART III. REQUIRE THE CLERK OF SUPERIOR COURT TO REPORT 2
CONDITIONAL DISCHARGES TO THE ADMINISTRATIVE OFFICE OF THE 3
COURTS TO ASSIST THE COURT IN EVALUATING A DEFENDANT'S 4
ELIGIBILITY FOR THE CONDITIONAL DISCHARGE 5
SECTION 3. G.S. 15A-150(a) reads as rewritten: 6
"(a) Notification to AOC. – The clerk of superior court in each county in North Carolina 7
shall, as soon as practicable after each term of court, file with the Administrative Office of the 8
Courts the names of the following: 9
(1) Persons granted an expunction under this Article. 10
(2) Persons granted a conditional discharge under G.S. 14-50.29. 11
(3) Persons granted a conditional discharge under G.S. 90-96 or G.S. 90-113.14. 12
(4) Repealed by Session Laws 2010-174, s. 7, effective October 1, 2010. 13
(5) Persons granted a conditional discharge under G.S. 14-204. 14
(6) Persons granted a dismissal upon completion of a conditional discharge 15
under G.S. 14-50.29, 14-204, 14-313(f), 15A-1341(a4), 90-96, or 16
90-113.14." 17
18
PART IV. MAKE CONFORMING CHANGES REGARDING ACCESS TO 19
EXPUNCTION INFORMATION FOR LAW ENFORCEMENT EMPLOYMENT 20
PURPOSES 21
SECTION 4. G.S. 15A-151(a) reads as rewritten: 22
"(a) The Administrative Office of the Courts shall maintain a confidential file containing 23
the names of those people for whom it received a notice under G.S. 15A-150. The information 24
contained in the file may be disclosed only as follows: 25
(1) To a judge of the General Court of Justice of North Carolina for the purpose 26
of ascertaining whether a person charged with an offense has been 27
previously granted a discharge or an expunction. 28
(2) To a person requesting confirmation of the person's own discharge or 29
expunction, as provided in G.S. 15A-152. 30
(3) To the General Court of Justice of North Carolina in response to a subpoena 31
or other court order issued pursuant to a civil action under G.S. 15A-152. 32
(4) If the criminal record was expunged pursuant to G.S. 15A-145.4 or 33
G.S. 15A-145.5, G.S. 15A-145.4, 15A-145.5, or 15A-145.6, to State and 34
local law enforcement agencies for employment purposes only. 35
(5) If the criminal record was expu