North Carolina HB 182: Traffic Calming Devices/Res. Subdivisions.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 182
Committee Substitute Favorable 3/4/25

Short Title: Rev. Law Perm. Protect Order/Child Abuse. (Public)
Sponsors:
Referred to:
February 25, 2025
*H182-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW A JUDGE TO ISSUE A PERMANENT NO CONTACT ORDER 2
AGAINST A DEFENDANT CONVICTED OF CERTAIN VIOLENT OFFENSES AND 3
TO PROVIDE THAT IT IS FELONY CHILD ABUSE FOR ANY PERSON PROVIDING 4
CARE TO OR SUPERVISION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE TO 5
COMMIT OR ALLOW THE COMMISSION OF A SEXUAL ACT UPON THE CHILD. 6
The General Assembly of North Carolina enacts: 7
8
PART I. ALLOWING JUDGE TO ISSUE A PERMANENT NO CONTACT ORDER 9
AGAINST A DEFENDANT CONVICTED OF CERTAIN VIOLENT OFFENSES 10
SECTION 1.(a) Article 81D of Chapter 15A of the General Statutes reads as 11
rewritten: 12
"Article 81D. 13
"Permanent No Contact Order Against Convicted Sex Violent Offender. 14
"§ 15A-1340.50. Permanent no contact order prohibiting future contact by convicted sex 15
violent offender with crime victim. 16
(a) The following definitions apply in this Article: 17
(1) Permanent no contact order. – A permanent injunction that prohibits any 18
contact by a defendant with the victim of the sex violent offense for which the 19
defendant is convicted. convicted, with the victim's immediate family, or both. 20
The duration of the injunction is the lifetime of the defendant. 21
(2) Sex offense. – Any criminal offense that requires registration under Article 22
27A of Chapter 14 of the General Statutes. 23
(3) Victim. – The person against whom the sex violent offense was committed. 24
(4) Violent offense. – Any of the following: 25
a. A criminal offense that requires registration under Article 27A of 26
Chapter 14 of the General Statutes. 27
b. A Class A through G felony that is not otherwise covered under 28
sub-subdivision a. of this subdivision. 29
c. An offense under subsection (b) of G.S. 14-32.4. 30
(b) When sentencing a defendant convicted of a sex violent offense, the judge, at the 31
request of the district attorney, shall determine whether to issue a permanent no contact order. 32
The judge shall order the defendant to show cause why a permanent no contact order shall not be 33
issued and shall hold a show cause hearing as part of the sentencing procedures for the defendant. 34
(c) The victim victim, the victim's immediate family, or both shall have a right to be heard 35
at the show cause hearing. 36

General Assembly Of North Carolina Session 2025
Page 2 House Bill 182-Second Edition
... 1
(e) At the conclusion of the show cause hearing the judge shall enter a finding for or 2
against the defendant. If the judge determines that reasonable grounds exist for the victim victim, 3
the victim's immediate family, or both to fear any future contact with the defendant, the judge 4
shall issue the permanent no contact order. The judge shall enter written findings of fact and the 5
grounds on which the permanent no contact order is issued. issued. If any member of the victim's 6
immediate family is included in the permanent no contact order, they must be specifically 7
identified. The no contact order shall be incorporated into the judgment imposing the sentence 8
on the defendant for the conviction of the sex violent offense. 9
(f) The court may grant one or more of the following forms of relief in a permanent no 10
contact order under this Article: 11
(1) Order the defendant not to threaten, visit, assault, molest, or otherwise 12
interfere with the victim.victim, the victim's immediate family, or both. 13
(2) Order the defendant not to follow the victim, the victim's immediate family, 14
or both, including at the victim's each individual's workplace. 15
(3) Order the defendant not to harass the victim.victim, the victim's immediate 16
family, or both. 17
(4) Order the defendant not to abuse or injure the victim.victim, the victim's 18
immediate family, or both. 19
(5) Order the defendant not to contact the victim victim, the victim's immediate 20
family, or both by telephone, written communication, or electronic means. 21
(6) Order the defendant to refrain from entering or remaining present at the 22
victim's residence, school, place of employment, school, or place of 23
employment of the victim, the victim's immediate family, or both, or other 24
specified places at times when the victim victim, the victim's immediate 25
family, or both are present. 26
(7) Order other relief deemed necessary and appropriate by the court. 27
... 28
(h) At any time after the issuance of the order, the State, at the request of the victim, or 29
the defendant may make a motion to rescind or modify the permanent no contact order. If the 30
court determines that reasonable grounds for the victim victim, the victim's immediate family, or 31
both to fear any future contact with the defendant no longer exist, the court may rescind or modify 32
the permanent no contact order. 33
...." 34
SECTION 1.(b)