North Carolina HB 722: Paraphernalia Control Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 722

Short Title: Enact Criminal Justice Debt Reform. (Public)
Sponsors: Representatives Alston, Buansi, Brockman, and Charles Smith (Primary
Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 3, 2025
*H722-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROMOTE CRIMINAL JUSTICE DEBT REFORM. 2
The General Assembly of North Carolina enacts: 3
4
PART I. MODIFY ASSESSMENT REQUIREMENTS AND REPORTING 5
SURROUNDING COURT COSTS AND FEES 6
SECTION 1.(a) G.S. 7A-304 reads as rewritten: 7
"§ 7A-304. Costs in criminal actions. 8
(a) In every criminal case in the superior or district court, wherein the defendant is 9
convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the 10
prosecuting witness, the court shall determine the defendant's ability to pay any costs assessed 11
and shall then, weighing that determination, assess and collect the following costs shall be 12
assessed and collected. costs. No costs may be assessed when a case is dismissed. Only upon 13
entry of a written order, supported by findings of fact and conclusions of law, determining that 14
there is just cause, the court may (i) waive costs assessed under this section or (ii) waive or reduce 15
costs assessed under subdivision (7), (8), (8a), (11), (12), or (13) of this section. No court may 16
waive or remit all or part of any court fines or costs without providing notice and opportunity to 17
be heard by all government entities directly affected. The court shall provide notice to the 18
government entities directly affected of (i) the date and time of the hearing and (ii) the right to 19
be heard and make an objection to the remission or waiver of all or part of the order of court costs 20
at least 15 days prior to hearing. Notice shall be made to the government entities affected by 21
first-class mail to the address provided for receipt of court costs paid pursuant to the order. The 22
costs referenced in this subsection are listed below: 23
... 24
(6) For support of the General Court of Justice, the sum of two one hundred 25
dollars ($200.00) ($100.00) is payable by a defendant who fails to appear to 26
answer the charge as scheduled, unless within 20 days after the scheduled 27
appearance, the person either appears in court to answer the charge or disposes 28
of the charge pursuant to G.S. 7A-146, and the sum of fifty dollars ($50.00) is 29
payable by a defendant who fails to pay a fine, penalty, or costs within 40 days 30
of the date specified in the court's judgment. The fee for failure to appear shall 31
only be collected once in a criminal case. Upon a showing to the court that the 32
defendant failed to appear because of an error or omission of a judicial official, 33

General Assembly Of North Carolina Session 2025
Page 2 House Bill 722-First Edition
a prosecutor, or a law-enforcement officer, the court shall waive the fee for 1
failure to appear. These fees shall be remitted to the State Treasurer. 2
(7) For the services of the North Carolina State Crime Laboratory facilities, the 3
district or superior court judge shall, upon conviction, order payment of the 4
costs actually incurred for the services, not to exceed the sum of six hundred 5
dollars ($600.00) ($600.00), to be remitted to the Department of Justice for 6
support of the Laboratory. This cost shall be assessed only in cases in which, 7
as part of the investigation leading to the defendant's conviction, the 8
laboratories have performed DNA analysis of the crime, tests of bodily fluids 9
of the defendant for the presence of alcohol or controlled substances, or 10
analysis of any controlled substance possessed by the defendant or the 11
defendant's agent. 12
(8) For the services of any crime laboratory facility, the district or superior court 13
judge shall, upon conviction, order payment of the costs actually incurred for 14
the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), 15
to be remitted to the general fund of the local governmental unit that operates 16
the laboratory or paid for the laboratory services. The funds shall be used for 17
law enforcement purposes. The cost shall be assessed only in cases in which, 18
as part of the investigation leading to the defendant's conviction, the 19
laboratory has performed DNA analysis of the crime, test of bodily fluids of 20
the defendant for the presence of alcohol or controlled substances, or analysis 21
of any controlled substance possessed by the defendant or the defendant's 22
agent. The costs shall be assessed only if the court finds that the work 23
performed at the laboratory is the equivalent of the same kind of work 24
performed by the North Carolina State Crime Laboratory under subdivision 25
(7) of this subsection. 26
(8a) For the services of any private hospital performing toxicological t