GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 5
SENATE BILL 594
Judiciary II Committee Substitute Adopted 4/10/13
Health Care
Committee Substitute Adopted 4/17/13
Fourth Edition Engrossed 4/22/13
House Committee Substitute Favorable 6/19/14
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Short Title: Omnibus Justice Amendments. |
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Sponsors: |
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Referred to: |
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April 4, 2013
A BILL TO BE ENTITLED
AN ACT to increase penalties for possession of A firearm by a felon, to remove prohibitions on carrying concealed FIREARMS by certain department of public safety employees, to increase the penalty for carrying a concealed firearm, to increase the penalty for giving or selling a cell phone to an inmate and to make possession of a cell phone by an inmate unlawful, to increase penalties for threats and assaults on government officials, to create an offense when an inmate solicits another to commit a criminal offense, TO INCREASE PENALTIES FOR CERTAIN VIOLATIONS OF THE AMUSEMENT DEVICE SAFETY ACT, to properly implement current expunction provisions, to increase the mandatory retirement age for judges and justices of the general court of justice, to add qualified retired correctional officers to officers exempt from concealed carry course, to conform state law with the United States supreme court decision in hall v. florida, to amend THE discovery procedure in CERTAIN postconviction proceedings, TO MAKE THE TAKING OF THE VENUS FLYTRAP A FELONY, TO INCREASE THE PENALTY FOR GRAFFITI VANDALISM, AND TO ADD THE UNFAIR USE OF CRIMINAL RECORD INFORMATION TO THE CONSUMER PROTECTION LAWS.
The General Assembly of North Carolina enacts:
PART I. INCREASE PENALTY FOR POSSESSION OF FIREARM BY FELON
SECTION 1.1. G.S. 14‑415.1(a) reads as rewritten:
"(a) It shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S. 14‑288.8(c). For the purposes of this section, a firearm is (i) any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined in G.S. 14‑409.11.
Every person violating the provisions of this section shall
be punished as a Class G felon.Class F felon."
SECTION 1.2. This Part becomes effective December 1, 2014, and applies to offenses committed on or after that date.
PART II. REMOVE PROHIBITIONS ON CARRYING CONCEALED FIREARMS FOR CERTAIN DEPARTMENT OF PUBLIC SAFETY EMPLOYEES AND INCREASE PENALTY FOR CARRYING CONCEALED WEAPON THAT IS A FIREARM.
SECTION 2.1. G.S. 14‑269 reads as rewritten:
"...
(b) This prohibition shall not apply to the following persons:
...
(7) A person employed by the Department of Public Safety who has been designated in writing by the Secretary of the Department, who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24, and has in the person's possession written proof of the designation by the Secretary of the Department, provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body.
...."
SECTION 2.2. G.S. 14‑269(c) reads as rewritten:
"(c) Any person violating the provisions of
subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any
person violating the provisions of subsection (a1) of this section shall be
guilty of a Class 2 misdemeanor Class A1 misdemeanor for the
first offense. A offense and a Class H felony for a second or
subsequent offense is punishable as a Class I felony.offense. A
violation of subsection (a1) punishable under G.S. 14‑415.21(a) is
not punishable under this section."
SECTION 2.3. G.S. 14‑415.27 reads as rewritten:
"§ 14‑415.27. Expanded permit scope for certain persons.
Notwithstanding G.S. 14‑415.11(c), any of the following persons who has a concealed handgun permit issued pursuant to this Article or that is considered valid under G.S. 14‑415.24 is not subject to the area prohibitions set out in G.S. 14‑415.11(c) and may carry a concealed handgun in the areas listed in G.S. 14‑415.11(c) unless otherwise prohibited by federal law:
(1) A district attorney.
(2) An assistant district attorney.
(3) An investigator employed by the office of a district attorney.
(4) A North Carolina district or superior court judge.
(5) A magistrate.
(6) A person who is elected and serving as a clerk of court.
(7) A person who is elected and serving as a register of deeds.
(8) A person employed by the Department of Public Safety who has been designated in writing by the Secretary of the Department and who has in the person's possession written proof of the designation."
SECTION 2.4. Section 2.1 and Section 2.3 of this Part are effective July 1, 2014, and apply to offenses occurring on or after that date. Section 2.2 of this Part is effective December 1, 2014, and applies to offenses occurring on or after that date. The remainder of this Part is effective when this act becomes law.
PART III. INCREASE PENALTY FOR GIVING OR SELLING A CELL PHONE TO AN INMATE/MAKE IT UNLAWFUL FOR STATE INMATE TO POSSESS A CELL PHONE/INCREASE PENALTY FOR INMATE OF LOCAL CONFINEMENT FACILITY TO POSSESS CELL PHONE
SECTION 3.1. G.S. 14‑258.1 reads as rewritten:
"§ 14‑258.1. Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities; furnishing tobacco products or mobile phones to inmates.
...
(d) Any person who knowingly gives or sells a mobile
telephone or other wireless communications device, or a component of one of
those devices, to an inmate in the custody of the Division of Adult Correction
of the Department of Public Safety or to an inmate in the custody of a local
confinement facility, or any person who knowingly gives or sells any such
device or component to a person who is not an inmate for delivery to an inmate,
is guilty of a Class 1 misdemeanor.Class H felony.
(e) Any inmate of a local confinement facility who
possesses any tobacco product, as defined in G.S. 148‑23.1, other
than for authorized religious purposes, or who possesses a mobile telephone
or other wireless communications device or a component of one of those devices,
is guilty of a Class 1 misdemeanor.
(f) Any inmate in the custody of the Division of Adult Correction of the Department of Public Safety or an inmate of a local confinement facility who possesses a mobile telephone or other wireless communication device or a component of one of those devices is guilty of a Class H felony."
SECTION 3.2. This Part becomes effective December 1, 2014, and applies to offenses committed on or after that date.
PART IV. ASSAULT ON A GOVERNMENT OFFICIAL/THREATS/SOLICITATION BY AN INMATE
SECTION 4.1. G.S. 14‑16.6 reads as rewritten:
"§ 14‑16.6. Assault on executive, legislative, or court officer.
(a) Any person who assaults any legislative officer,
executive officer, or court officer, or assaults another person as
retaliation against any legislative officer, executive officer, or court
officer because of the exercise of that officer's duties, or any person who
makes a violent attack upon the residence, office, temporary accommodation or
means of transport of any one of those officers or persons in a manner
likely to endanger the officer, officer or person, shall be
guilty of a felony and shall be punished as a Class I felon.E felon.
(b) Any person who commits an offense under subsection
(a) and uses a deadly weapon in the commission of that offense shall be
punished as a Class F felon.D felon.
(c) Any person who commits an offense under subsection
(a) and inflicts serious bodily injury to any legislative officer, executive
officer, or court officer, injury, shall be punished as a Class F
felon.C felon."
SECTION 4.2. G.S. 14‑16.7 reads as rewritten:
"§ 14‑16.7. Threats against executive, legislative, or court officers.
(a) Any person who knowingly and willfully makes any
threat to inflict serious bodily injury upon or to kill any legislative
officer, executive officer, or court officer, or who knowingly and willfully
makes any threat to inflict serious bodily injury upon or kill any other person
as retaliation against any legislative officer, executive officer, or court
officer because of the exercise of that officer's duties, shall be guilty
of a felony and shall be punished as a Class I felon.F felon.
(b) Any person who knowingly and willfully deposits
for conveyance in the mail any letter, writing, or other document containing a
threat to inflict serious bodily injury upon or to kill any legislative
officer, executive officer, or court officer, commit an offense
described in subsection (a) of this section shall be guilty of a felony and
shall be punished as a Class I felon.F felon."
SECTION 4.3. G.S. 14‑2.6 is amended by adding a new subsection to read:
"(a1) A person who is lawfully committed to or confined in any State penal institution or local confinement facility and who solicits another person to commit a felony outside the State penal institution or local confinement facility is guilty of a felony that is one class lower than the felony the person solicited the other person to commit, except that a solicitation to commit a Class A or Class B1 felony is a Class B2 felony, a solicitation to commit a Class B2 felony is a Class C felony, and a solicitation to commit a Class I felony is a Class 1 misdemeanor."
SECTION 4.4. This Part becomes effective December 1, 2014, and applies to offenses committed on or after that date.
PART V. AMUSEMENT DEVICE PENALTIES
SECTION 5.1. G.S. 95‑111.13 reads as rewritten:
"§ 95‑111.13. Violations; civil penalties; appeal; criminal penalties.
(a) Any person who violates G.S. 95‑111.7(a)
or (b) (Operation without certificate; operation not in accordance with Article
or rules and regulations) or G.S. 95‑111.8 (Location notice) shall
be is subject to a civil penalty not to exceed two hundred fifty
dollars ($250.00) two thousand five hundred dollars ($2,500) for each
rule, regulation, or section of this Article violated and for each day each
device is so operated or used.
(b) Any person who violates G.S. 95‑111.7(c)
(Operation after refusal to issue or after revocation of certificate) or G.S. 95‑111.10(c)
(Reports required) or G.S. 95‑111.12 (Liability insurance) shall
be is subject to a civil penalty not to exceed five hundred
dollars ($500.00) five thousand dollars ($5,000) for each day each
device is so operated or used.
(c) Any person who violates G.S. 95‑111.8
(Location notice) shall be subject to a civil penalty not to exceed five
hundred dollars ($500.00) for each day any device is operated or used without
the location notice having been provided.
(d) Any person who violates the provisions of G.S. 95‑111.10(d)
(Reports required) or knowingly permits the operation of an amusement device in
violation of G.S. 95‑111.11(a) (Operator requirements) shall be is
subject to a civil penalty not to exceed five hundred dollars ($500.00).five
thousand dollars ($5,000) for each day each device is so operated or used.
(e) Any person who violates G.S. 95‑111.9
(Operation of unsafe device) or G.S. 95‑111.11(b) (Operation of an
amusement device while impaired) shall be is subject to a civil penalty
not to exceed one thousand dollars ($1,000).ten thousand dollars
($10,000) for each day each device is so operated or used.
(f) In determining the amount of any penalty ordered
under authority of this section, the Commissioner shall give due consideration
to the appropriateness of the penalty with respect to the size of the
business of the person annual gross volume of the business being
charged, the gravity of the violation, the good faith of the person person,
and the record of previous violations.
(g) The determination of the amount of the penalty by
the Commissioner shall be is final, unless within 15 days after
receipt of notice thereof by certified mail with return receipt, by signature
confirmation as provided by the U.S. Postal Service, by a designated delivery
service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or
via hand delivery, the person charged with the violation takes exception to the
determination, in which event final determination of the penalty shall be made
in an administrative proceeding and in a judicial proceeding pursuant to
Chapter 150B of the General Statutes, the Administrative Procedure Act.
(h) The Commissioner may file in the office of the clerk of the superior court of the county wherein the person, against whom a civil penalty has been ordered, resides, or if a corporation is involved, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Commissioner unappealed from, or of a final order of the Commissioner affirmed upon appeal. Whereupon, the clerk of said court shall enter judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in a suit duly heard and determined by the superior court of the General Court of Justice.
(i) Any person who willfully violates any provision
of this Article, and the violation causes the death of any person, shall be Article
is guilty of a Class 2 misdemeanor, which may include a fine of not more
than ten thousand dollars ($10,000); except that if the conviction is for a
violation committed after a first conviction of such person, a
provision of this Article, the person shall be is guilty of a
Class 1 misdemeanor, which may include a fine of not more than twenty thousand
dollars ($20,000). Any person who willfully violates any provision of this
Article, and the violation causes the serious injury or death of any person, is
guilty of a Class E felony, which may include a fine of not more than fifty
thousand dollars ($50,000). This subsection shall not prevent any
prosecuting officer of the State of North Carolina from proceeding against such
person on a prosecution charging any degree of willful or culpable homicide."
SECTION 5.2. This Part becomes effective December 1, 2014, and applies to offenses and violations committed on or after that date.
PART VI. PROPER IMPLEMENTATION OF EXPUNCTION LAWS
SECTION 6.1. G.S. 15A‑145.5(f) reads as rewritten:
"(f) Any other applicable State or local
government agency shall expunge from its records entries made as a result of
the conviction ordered expunged under this section upon receipt from the
petitioner of an order entered pursuant to this section. The agency shall also
vacate any administrative actions taken against a person whose record is
expunged under this section as a result of the charges or convictions expunged.
A person whose administrative action has been vacated by an occupational
licensing board pursuant to an expunction under this section may then reapply
for licensure and must satisfy the board's then current education and
preliminary licensing requirements in order to obtain licensure. This
subsection shall not apply to the Department of Justice for DNA records and
samples stored in the State DNA Database and the State DNA Databank or to
fingerprint records.Databank."
SECTION 6.2. This Part is effective when it becomes law and applies to expunctions issued pursuant to G.S. 15A‑145.5 before, on, or after that date.
PART VII. INCREASE JUDGE RETIREMENT AGE
SECTION 7.1. G.S. 7A‑4.20 reads as rewritten:
"§ 7A‑4.20. Age limit for service as justice or judge: exception.
No justice or judge of the General Court of Justice may
continue in office beyond the last day of the month in which he the
judge attains his seventy‑second or her seventy‑fifth
birthday, but justices and judges so retired may be recalled for periods of
temporary service as provided in Subchapters II and III of this chapter."
SECTION 7.2. G.S. 135‑57(b) reads as rewritten:
"(b) Any member who is a justice or judge of the
General Court of Justice shall be automatically retired as of the first day of
the calendar month coinciding with or next following the later of January 1,
1974, or his the judge's attainment of his seventy‑second
or her seventy‑fifth birthday; provided, however, that no
judge who is a member on January 1, 1974, shall be forced to retire under the
provisions of this subsection at an earlier date than the last day that he is
permitted to remain in office under the provisions of G.S. 7A‑4.20."
SECTION 7.3. This Part becomes effective December 1, 2014.
PART VIII. ADD RETIRED QUALIFIED CORRECTIONAL OFFICERS/COURSE EXEMPTION
SECTION 8.1. G.S. 14‑415.10 is amended by adding a new subdivision to read:
"(4c) Qualified retired correctional officer. – An individual who retired from service as a State correctional officer, other than for reasons of mental disability, who has been retired as a correctional officer two years or less from the date of the permit application and who meets all of the following criteria:
a. Immediately before retirement, the individual met firearms training standards of the Division of Adult Correction of the Department of Public Safety and was authorized by the Division of Adult Correction of the Department of Public Safety to carry a handgun in the course of assigned duties.
b. The individual retired in good standing and was never a subject of a disciplinary action by the Division of Adult Correction of the Department of Public Safety that would have prevented the individual from carrying a handgun.
c. The individual has a vested right to benefits under the Teachers' and State Employees' Retirement System of North Carolina established under Article 1 of Chapter 135 of the General Statutes.
d. The individual is not prohibited by State or federal law from receiving a firearm."
SECTION 8.2. G.S. 14‑415.12A(a) reads as rewritten:
"(a) A person who is a qualified sworn law enforcement officer, a qualified former sworn law enforcement officer, a qualified retired correctional officer, or a qualified retired probation or parole certified officer is deemed to have satisfied the requirement under G.S. 14 415.12(a)(4) that an applicant successfully complete an approved firearms safety and training course."
SECTION 8.3. This Part is effective when this act becomes law.
PART IX. CONFORM STATE LAW/HALL V. FLORIDA
SECTION 9.1. G.S. 15A‑2005 reads as rewritten:
"§ 15A‑2005.
Mentally retarded defendants; Intellectual disability; death
sentence prohibited.
(a) (1) The following definitions apply in this section:
a. Mentally retarded. Intellectual
disability. – A condition marked by Significantly significantly
subaverage general intellectual functioning, existing concurrently with
significant limitations in adaptive functioning, both of which were manifested
before the age of 18.
b. Significant limitations in adaptive functioning. – Significant limitations in two or more of the following adaptive skill areas: communication, self‑care, home living, social skills, community use, self‑direction, health and safety, functional academics, leisure skills and work skills.
c. Significantly subaverage general intellectual functioning. – An intelligence quotient of 70 or below.
(2) The defendant has the burden of proving
significantly subaverage general intellectual functioning, significant
limitations in adaptive functioning, and that mental retardation intellectual
disability was manifested before the age of 18. An intelligence quotient of
70 or below on an individually administered, scientifically recognized
standardized intelligence quotient test administered by a licensed psychiatrist
or psychologist is evidence of significantly subaverage general intellectual
functioning; however, it is not sufficient, without evidence of significant
limitations in adaptive functioning and without evidence of manifestation
before the age of 18, to establish that the defendant is mentally retarded.has
an intellectual disability. An intelligence quotient of 70, as described in
this subdivision, is approximate and a higher score resulting from the
application of the standard error of measurement to an intelligence quotient of
70 shall not preclude the defendant from being able to present additional
evidence of intellectual disability, including testimony regarding adaptive
deficits. Accepted clinical standards for diagnosing significant limitations in
intellectual functioning and adaptive behavior shall be applied in the
determination of intellectual disability.
(b) Notwithstanding any provision of law to the
contrary, no defendant who is mentally retarded with an intellectual
disability shall be sentenced to death.
(c) Upon motion of the defendant, supported by
appropriate affidavits, the court may order a pretrial hearing to determine if
the defendant is mentally retarded. has an intellectual disability. The
court shall order such a hearing with the consent of the State. The defendant
has the burden of production and persuasion to demonstrate mental
retardation intellectual disability by clear and convincing
evidence. If the court determines that the defendant to be mentally
retarded, has an intellectual disability, the court shall declare
the case noncapital, and the State may not seek the death penalty against the
defendant.
(d) The pretrial determination of the court shall not preclude the defendant from raising any legal defense during the trial.
(e) If the court does not find that the
defendant to be mentally retarded has an intellectual disability in
the pretrial proceeding, upon the introduction of evidence of the raising
the issue of intellectual disability defendant's mental retardation during
the sentencing hearing, the court shall submit a special issue to the jury as
to whether the defendant is mentally retarded has an intellectual
disability as defined in this section. This special issue shall be
considered and answered by the jury prior to the consideration of aggravating
or mitigating factors and the determination of sentence. If the jury determines
that the defendant to be mentally retarded, has an
intellectual disability, the court shall declare the case noncapital and
the defendant shall be sentenced to life imprisonment.
(f) The defendant has the burden of production and
persuasion to demonstrate mental retardation intellectual disability to
the jury by a preponderance of the evidence.
(g) If the jury determines that the defendant is
not mentally retarded does not have an intellectual disability as
defined by this section, the jury may consider any evidence of mental
retardation intellectual disability presented during the sentencing
hearing when determining aggravating or mitigating factors and the defendant's
sentence.
(h) The provisions of this section do not preclude the
sentencing of a mentally retarded an offender with an
intellectual disability to any other sentence authorized by G.S. 14‑17
for the crime of murder in the first degree."
SECTION 9.2. This Part is effective when this act becomes law.
PART X. CERTAIN POSTCONVICTION PROCEEDINGS/PROVIDE FILES REQUIRED TO RESOLVE ISSUES
SECTION 10.1. G.S. 15A‑1415(f) reads as rewritten:
"(f) In the case of a defendant who is represented
by counsel in postconviction proceedings in superior court, the defendant's
prior trial or appellate counsel shall make available to the defendant's
counsel their complete files relating to the case of the defendant. If, upon
motion by the defendant, a superior court judge finds that issues have been raised,
or could be raised, in the postconviction proceedings that require the State to
make available to the defendant the files of law enforcement and prosecutorial
agencies involved in the investigation of the crimes committed or the
prosecution of the defendant, then the court shall order the State to make
available such parts of the files that are necessary for a full and complete
resolution of the issues. In postconviction proceedings filed by defendants with
an offense date that occurred prior to December 1, 2004, The the State,
to the extent allowed by law, shall make available to the defendant's counsel
the complete files of all law enforcement and prosecutorial agencies involved
in the investigation of the crimes committed or the prosecution of the
defendant. If the State has a reasonable belief that allowing inspection of any
portion of the files by counsel for the defendant would not be in the interest
of justice, the State may submit for inspection by the court those portions of
the files so identified. If upon examination of the files, the court finds that
the files could not assist the defendant in investigating, preparing, or
presenting a motion for appropriate relief, the court in its discretion may allow
the State to withhold that portion of the files."
SECTION 10.2. This Part becomes effective December 1, 2014, and applies to postconviction proceedings commenced by filing on or after that date.
PART XI. VENUS FLYTRAP LARCENY/FELONY.
SECTION 11.1. G.S. 14‑129 reads as rewritten:
"§ 14‑129. Taking, etc., of certain wild plants from land of another.
(a) No person, firm or corporation shall dig
up, pull up or take from the land of another or from any public domain, the
whole or any part of any Venus flytrap (Dionaea muscipula), trailing
arbutus, Aaron's Rod (Thermopsis caroliniana), Bird‑foot Violet (Viola
pedata), Bloodroot (Sanguinaria canadensis), Blue Dogbane (Amsonia
tabernaemontana), Cardinal‑flower (Lobelia cardinalis), Columbine
(Aquilegia canadensis), Dutchman's Breeches (Dicentra cucullaria), Maidenhair
Fern (Adiantum pedatum), Walking Fern (Camptosorus rhizophyllus), Gentians
(Gentiana), Ground Cedar, Running Cedar, Hepatica (Hepatica americana and
acutiloba), Jack‑in‑the‑Pulpit (Arisaema triphyllum), Lily
(Lilium), Lupine (Lupinus), Monkshood (Aconitum uncinatum and reclinatum), May
Apple (Podophyllum peltatum), Orchids (all species), Pitcher Plant
(Sarracenia), Shooting Star (Dodecatheon meadia), Oconee Bells (Shortia
galacifolia), Solomon's Seal (Polygonatum), Trailing Christmas (Greens‑Lycopodium),
Trillium (Trillium), Virginia Bluebells (Mertensia virginica), and Fringe Tree
(Chionanthus virginicus), American holly, white pine, red cedar, hemlock or
other coniferous trees, or any flowering dogwood, any mountain laurel, any
rhododendron, or any ground pine, or any Christmas greens, or any Judas tree,
or any leucothea, or any azalea, without having in his possession a permit to
dig up, pull up or take such plants, signed by the owner of such land, or by
his duly authorized agent. Any person convicted of violating the provisions of
this section shall be guilty of a Class 3 misdemeanor only punished by a fine
of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for
each offense. The provisions of this section shall not apply to the Counties of
Cabarrus, Carteret, Catawba, Cherokee, Chowan, Cumberland, Currituck, Dare,
Duplin, Edgecombe, Franklin, Gaston, Granville, Hertford, McDowell, Pamlico,
Pender, Person, Richmond, Rockingham, Rowan and Swain.
(b) Any person who takes and carries away, or aids in taking or carrying away, any Venus flytrap (Dionaea muscipula) plant or the seed of any Venus flytrap plant growing upon the lands of another person with the intent to steal the Venus flytrap plant or seed is guilty of a Class H felony."
SECTION 11.2. This Part becomes effective December 1, 2014, and applies to offenses committed on or after that date.
PART XII. INCREASE PENALTY FOR GRAFFITI VANDALISM
SECTION 12.1 Article 22 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑127.1. Graffiti vandalism.
(a) Except as otherwise provided in this section, any person who engages in graffiti vandalism of (i) any real property, whether public or private, or (ii) any public building or facility, or any statue or monument situated in any public place, shall be guilty of a Class 1 misdemeanor. A person convicted of a Class 1 misdemeanor under this subsection shall be fined a minimum of five hundred dollars ($500.00) and required to perform 24 hours of community service.
(b) Any person who violates subsection (a) of this section shall be guilty of a Class I felony if either of the following apply:
(1) The cost to repair damage caused by the violation is in excess of one thousand dollars ($1,000).
(2) The person has two or more prior convictions for violation of this section.
(c) If a person is convicted of five or more violations of this section in a single session of district court or in a single week of superior court, and at least five of the offenses occurred within a 60‑day period, the court shall consolidate the offenses for judgment and the consolidated offenses shall be punishable as a Class I felony.
(d) As used in this section, "graffiti vandalism" means to unlawfully write or scribble on, mark, paint, deface, besmear, or injure the walls of (i) any real property, whether public or private, (ii) any public building or facility as defined in G.S. 14‑132, or (iii) any statue or monument situated in any public place, by any type of pen, paint, or marker regardless of whether the pen or marker contains permanent ink, paint, or spray paint."
SECTION 12.2. This Part becomes effective December 1, 2014, and applies to offenses committed on or after that date.
PART XIII. UNFAIR USE OF CRIMINAL RECORD INFORMATION
SECTION 13.1. Chapter 75 of the General Statutes is amended by adding a new section to read:
"§ 75‑43. Unfair use of criminal record information.
(a) The violation of any provision of this section shall be considered an unfair trade practice, as prohibited by G.S. 75‑1.1.
(b) A person commits a violation under this section if the person does both of the following:
(1) Engages in publishing or otherwise disseminating, in print or over the Internet, photographs of an individual taken pursuant to G.S. 15A‑502(a)(1) or G.S. 15A‑502(a2) or authorized by G.S. 15A‑502(b).
(2) Solicits or accepts the payment of a fee or other consideration to remove the individual's photograph."
SECTION 13.2. This Part becomes effective December 1, 2014, and applies to violations occurring on or after that date.
PART XIV. EFFECTIVE DATE
SECTION 14. Except as otherwise provided, this act is effective when it becomes law.