GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-198
HOUSE BILL 219
AN ACT to modernize the ways children born out of wedlock are referenced in the general statutes by removing references to "illegitimate" when used in connection with an individual and to "bastardy", to allow a child born out of wedlock to inherit from a person who died prior to or within one year after the birth of that child if paternity can be established by dna testing, and to make other technical corrections to the statutes being amended.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 6‑21(10) reads as rewritten:
"§ 6‑21. Costs allowed either party or apportioned in discretion of court.
Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court:
…
(10) In proceedings under
Article 3 of Chapter 49 of the General Statutes regarding illegitimate children
under Article 3, Chapter 49 of the General Statutes.born out of
wedlock.
…."
SECTION 2. G.S. 8‑57(b) reads as rewritten:
"(b) The spouse of the defendant shall be competent but not compellable to testify for the State against the defendant in any criminal action or grand jury proceedings, except that the spouse of the defendant shall be both competent and compellable to so testify:
…
(5) In a prosecution of one
spouse for any other criminal offense against the minor child of either spouse,
including any child of either spouse who is illegitimate born
out of wedlock or adopted or a foster child of either spouse.child."
SECTION 3. G.S. 14‑325.1 reads as rewritten:
"§ 14‑325.1. When offense of failure to support child deemed committed in State.
The offense of willful neglect or
refusal of a parent to support and maintain a child, and the offense of willful
neglect or refusal to support and maintain one's illegitimate child, child
born out of wedlock, shall be deemed to have been committed in the State
of North Carolina this State whenever the child is living in North
Carolina this State at the time of such the willful
neglect or refusal to support and maintain such the child."
SECTION 4. The catch line of G.S. 15‑155.2 reads as rewritten:
"§
15‑155.2. District attorney to take action on report of aid to
dependent child [Work First Family Assistance] or illegitimate [out‑of‑wedlock]
birth.Work First Family Assistance and children born out of wedlock."
SECTION 5. G.S. 15‑155.3 reads as rewritten:
"§ 15‑155.3. Disclosure of information by district attorney or agent.
No such district attorney,
assistant district attorney, or any attorney‑at‑law especially
appointed to assist said the district attorney, or any agent or
employee of such the district attorney's office shall disclose
any information, record, report, case history or any memorandum or document or
any information contained therein, which may relate to or be connected with the
mother or father of any illegitimate child, or any illegitimate child, child
born out of wedlock, or any child born out of wedlock, unless in the
opinion of such the district attorney it is necessary or is
required in the prosecution and performance of such the district
attorney's duties as set forth in the provisions of this Article."
SECTION 6. G.S. 29‑12 reads as rewritten:
"§ 29‑12. Escheats.
If there is no person entitled to
take under G.S. 29‑14 or G.S. 29‑15, or if in case of an illegitimate
intestate, intestate born out of wedlock, there is no one entitled
to take under G.S. 29‑21 or G.S. 29‑22 G.S. 29‑22,
the net estate shall escheat as provided in G.S. 116B‑2."
SECTION 7. G.S. 29‑18 reads as rewritten:
"§ 29‑18. Succession by, through and from legitimated children.
A child born an illegitimate out
of wedlock who shall have has been legitimated in accordance
with G.S. 49‑10 or 49‑12 or in accordance with the applicable
law of any other jurisdiction, and the heirs of such the child,
are entitled by succession to property by, through and from the child's father
and mother and their heirs the same as if born in lawful wedlock; and if the
child dies intestate, the child's property shall descend and be distributed as
if the child had been born in lawful wedlock."
SECTION 8. The title of Article 6 of Chapter 29 of the General Statutes reads as rewritten:
"Article 6.
Illegitimate Children.Children
Born Out of Wedlock."
SECTION 9. G.S. 29‑19 reads as rewritten:
"§
29‑19. Succession by, through and from illegitimate children.children
born out of wedlock.
(a) For purposes of
intestate succession, an illegitimate a child born out of
wedlock shall be treated as if that child were the legitimate child of the
child's mother, so that the child and the child's lineal descendants are
entitled to take by, through and from the child's mother and the child's other
maternal kindred, both descendants and collaterals, and they are entitled to
take from the child.
(b) For purposes of
intestate succession, an illegitimate a child born out of
wedlock shall be entitled to take by, through and from:
(1) Any person who has been
finally adjudged to be the father of such the child pursuant to
the provisions of G.S. 49‑1 through 49‑9 or the provisions of G.S. 49‑14
through 49‑16;
(2) Any person who has
acknowledged himself during his own lifetime and the child's lifetime to be the
father of such the child in a written instrument executed or
acknowledged before a certifying officer named in G.S. 52‑10(b) and
filed during his own lifetime and the child's lifetime in the office of the
clerk of superior court of the county where either he or the child resides.
(3) A person who died prior to or within one year after the birth of the child and who can be established to have been the father of the child by DNA testing.
Notwithstanding the above provisions, no person shall be entitled to take hereunder unless the person has given written notice of the basis of the person's claim to the personal representative of the putative father within six months after the date of the first publication or posting of the general notice to creditors.
(c) Any person described
under subdivision (b)(1) or (2) above (b)(1), (2), or (3) of this
section and the person's lineal and collateral kin shall be entitled to
inherit by, through and from the illegitimate child.
(d) Any person who
acknowledges that he is the father of an illegitimate a child born
out of wedlock in his duly probated last will shall be deemed to have
intended that such the child be treated as expressly provided for
in said the will or, in the absence of any express provision, the
same as a legitimate child."
SECTION 10. G.S. 29‑20 reads as rewritten:
"§
29‑20. Descent and distribution upon intestacy of illegitimate
children.children born out of wedlock.
All the estate of a person dying
illegitimate and who was born out of wedlock and dies intestate
shall descend and be distributed, subject to the payment of costs of
administration and other lawful claims against the estate, and subject to the
payment of State inheritance or estate taxes, as provided in this Article."
SECTION 11. G.S. 29‑21 reads as rewritten:
"§ 29‑21. Share of surviving spouse.
The share of the surviving spouse
of an illegitimate intestate an intestate born out of wedlock shall
be the same as provided in G.S. 29‑14 for the surviving spouse of a
legitimate person. In determining whether the illegitimate intestate is
survived by one or more parents as provided in G.S. 29‑14(3), any
person identified as the father under G.S. 29‑19(b)(1) or (b)(2)
shall be regarded as a parent."
SECTION 12. G.S. 29‑22 reads as rewritten:
"§ 29‑22. Shares of others than the surviving spouse.
Those persons surviving the
illegitimate intestate, an intestate born out of wedlock, other than
the surviving spouse, shall take that share of the net estate provided in G.S. 29‑15.
In determining whether the illegitimate intestate is survived by one or
more parents or their collateral kindred as provided in G.S. 29‑15,
any person identified as the father under G.S. 29‑19(b)(1) or (b)(2)
shall be regarded as a parent."
SECTION 13. G.S. 30‑17 reads as rewritten:
"§ 30‑17. When children entitled to an allowance.
Whenever any parent dies survived by any child under the age of 18 years, including an adopted child or a child with whom the widow may be pregnant at the death of her husband, or a child who is less than 22 years of age and is a full‑time student in any educational institution, or a child under 21 years of age who has been declared mentally incompetent, or a child under 21 years of age who is totally disabled, or any other person under the age of 18 years residing with the deceased parent at the time of death to whom the deceased parent or the surviving parent stood in loco parentis, every such child shall be entitled to receive an allowance of five thousand dollars ($5,000) for the child's support for the year next ensuing the death of the parent. The allowance shall be in addition to the child's share of the deceased parent's estate and shall be exempt from any lien by judgment or execution against the property of the deceased parent. The personal representative of the deceased parent shall, within one year after the parent's death, assign to every such child the allowance herein provided for; but if there is no personal representative or if the personal representative fails or refuses to act within 10 days after written application by a guardian or next friend on behalf of the child, the allowance may be assigned by a magistrate or clerk of court upon application.
If the child resides with the
surviving spouse of the deceased parent at the time the allowance is paid, the
allowance shall be paid to the surviving spouse for the benefit of the child.
If the child resides with its surviving parent who is other than the surviving
spouse of the deceased parent, the allowance shall be paid to the surviving
parent for the use and benefit of the child. The payment shall be made
regardless of whether the deceased died testate or intestate or whether the
surviving spouse petitioned for an elective share under Article 1A of Chapter
30 of the General Statutes. Provided, however, the allowance shall not be
available to an illegitimate child of a deceased father, a deceased
father's child born out of wedlock, unless the deceased father has
recognized the paternity of the illegitimate child by deed, will, or
other paper‑writing. paper‑writing, or unless the
deceased father died prior to or within one year after the birth of the child
and is established to have been the father of the child by DNA testing. If
the child does not reside with a surviving spouse or a surviving parent when
the allowance is paid, the allowance shall be paid to the child's general
guardian, if any, and if none, to the clerk of the superior court who shall
receive and disburse the allowance for the benefit of the child."
SECTION 14. G.S. 31‑5.5 reads as rewritten:
"§
31‑5.5. After‑born or after‑adopted child; illegitimate
child; children born out of wedlock; effect on will.
(a) A will shall not be
revoked by the subsequent birth of a child to the testator, or by the
subsequent adoption of a child by the testator, or by the subsequent
entitlement of an after‑born illegitimate child born out of
wedlock to take as an heir of the testator pursuant to the provisions of G.S. 29‑19(b),
but any after‑born, after‑adopted or entitled after‑born illegitimate
child born out of wedlock shall have the right to share in the
testator's estate to the same extent the after‑born, after‑adopted,
or entitled after‑born illegitimate child born out of wedlock would
have shared if the testator had died intestate unless:
(1) The testator made some provision in the will for the child, whether adequate or not;
(2) It is apparent from the will itself that the testator intentionally did not make specific provision therein for the child;
(3) The testator had children living when the will was executed, and none of the testator's children actually take under the will;
(4) The surviving spouse receives all of the estate under the will; or
(5) The testator made provision for the child that takes effect upon the death of the testator, whether adequate or not.
(b) The provisions of G.S. 28A‑22‑2
shall be construed as being applicable to after‑adopted children and to
after‑born children, whether legitimate or entitled illegitimate.children
born out of wedlock.
(c) The terms "after‑born," "after‑adopted" and "entitled after‑born" as used in this section refer to children born, adopted or entitled subsequent to the execution of the will."
SECTION 15. The title of Chapter 49 of the General Statutes reads as rewritten:
"Chapter 49.
Bastardy. Children Born
Out of Wedlock."
SECTION 16. The title of Article 1 of Chapter 49 of the General Statutes reads as rewritten:
"Article 1.
Support of Illegitimate
Children.Children Born Out of Wedlock."
SECTION 17. G.S. 49‑2 reads as rewritten:
"§
49‑2. Nonsupport of illegitimate child born out of wedlock by
parents made misdemeanor.
Any parent who willfully neglects
or who refuses to provide adequate support and maintain his or her illegitimate
child born out of wedlock shall be guilty of a Class 2 misdemeanor.
A child within the meaning of this Article shall be any person less than 18
years of age and any person whom either parent might be required under the laws
of North Carolina to support and maintain if such the child were
the legitimate child of such the parent."
SECTION 18. G.S. 49‑4 reads as rewritten:
"§ 49‑4. When prosecution may be commenced.
The prosecution of the reputed
father of an illegitimate a child born out of wedlock may
be instituted under this Chapter within any of the following periods, and not
thereafter:
(1) Three years next after the birth of the child; or
(2) Where the paternity of the child has been judicially determined within three years next after its birth, at any time before the child attains the age of 18 years; or
(3) Where the reputed father
has acknowledged paternity of the child by payments for the support thereof
within three years next after the birth of such the child, three
years from the date of the last payment whether such the last
payment was made within three years of the birth of such the child
or thereafter: Provided, the action is instituted before the child attains the
age of 18 years.
The prosecution of the mother of an
illegitimate a child born out of wedlock may be instituted
under this Chapter at any time before the child attains the age of 18 years."
SECTION 19. G.S. 49‑6 reads as rewritten:
"§ 49‑6. Mother not excused on ground of self‑incrimination; not subject to penalty.
No mother of an illegitimate a
child born out of wedlock shall be excused, on the ground that it may
tend to incriminate her or subject her to a penalty or a forfeiture, from
attending and testifying, in obedience to a subpoena of any court, in any suit
or proceeding based upon or growing out of the provisions of this Article, but
no such mother shall be prosecuted or subjected to any penalty or forfeiture
for or on account of any transaction, matter, or thing as to which, in
obedience to a subpoena and under oath, she may so testify."
SECTION 20. G.S. 49‑7 reads as rewritten:
"§ 49‑7. Issues and orders.
The court before which the matter
may be brought shall determine whether or not the defendant is a parent of the
child on whose behalf the proceeding is instituted. After this matter has been
determined in the affirmative, the court shall proceed to determine the issue
as to whether or not the defendant has neglected or refused to provide adequate
support and maintain the child who is the subject of the proceeding. After this
matter shall have been has been determined in the affirmative,
the court shall fix by order, subject to modification or increase from time to
time, a specific sum of money necessary for the support and maintenance of the
child, subject to the limitations of G.S. 50‑13.10. The amount of
child support shall be determined as provided in G.S. 50‑13.4(c).
The order fixing the sum shall require the defendant to pay it either as a lump
sum or in periodic payments as the circumstances of the case may appear to the
court. The social security number, if known, of the minor child's parents shall
be placed in the record of the proceeding. Compliance by the defendant with any
or all of the further provisions of this Article or the order or orders of the
court requiring additional acts to be performed by the defendant shall not be
construed to relieve the defendant of his or her responsibility to pay the sum
fixed or any modification or increase thereof.
The court before whom the matter
may be brought, on motion of the State or the defendant, shall order that the
alleged‑parent defendant, the known natural parent, and the child submit
to any blood tests and comparisons which have been developed and adapted for
purposes of establishing or disproving parentage and which are reasonably
accessible to the alleged‑parent defendant, the known natural parent, and
the child. The results of those blood tests and comparisons, including the
statistical likelihood of the alleged parent's parentage, if available, shall
be admitted in evidence when offered by a duly qualified, licensed practicing
physician, duly qualified immunologist, duly qualified geneticist or other duly
qualified person. The evidentiary effect of those blood tests and comparisons
and the manner in which the expenses therefor are to be taxed as costs shall be
as prescribed in G.S. 8‑50.1. In addition, if a jury tries the issue
of parentage, they shall be instructed as set out in G.S. 8‑50.1.
From a finding on the issue of parentage against the alleged‑parent
defendant, the alleged‑parent defendant has the same right of appeal as
though he or she had been found guilty of the crime of willful failure to
support an illegitimate child.a child born out of wedlock."
SECTION 21. The title of Article 2 of Chapter 49 of the General Statutes reads as rewritten:
"Article 2.
Legitimation of Illegitimate
Children.Children Born Out of Wedlock."
SECTION 22. The title of Article 3 of Chapter 49 of the General Statutes reads as rewritten:
"Article 3.
Civil Actions Regarding Illegitimate
Children.Children Born Out of Wedlock."
SECTION 23. G.S. 49‑15 reads as rewritten:
"§
49‑15. Custody and support of illegitimate children born out
of wedlock when paternity established.
Upon and after the establishment
of paternity pursuant to G.S. 49‑14 of an illegitimate a
child pursuant to G.S. 49‑14, born out of wedlock, the
rights, duties, and obligations of the mother and the father so established,
with regard to support and custody of the child, shall be the same, and may be
determined and enforced in the same manner, as if the child were the legitimate
child of such the father and mother. When paternity has been
established, the father becomes responsible for medical expenses incident to
the pregnancy and the birth of the child."
SECTION 24. G.S. 50‑11(b) reads as rewritten:
"(b) No judgment of
divorce shall render illegitimate cause any child in esse, esse
or begotten of the body of the wife during coverture.coverture to
be treated as a child born out of wedlock."
SECTION 25. G.S. 97‑2 reads as rewritten:
"§ 97‑2. Definitions.
When used in this Article, unless the context otherwise requires:
…
(2) Employee. – The term "employee" means every person engaged in an employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including aliens, and also minors, whether lawfully or unlawfully employed, but excluding persons whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer, and as relating to those so employed by the State, the term "employee" shall include all officers and employees of the State, including such as are elected by the people, or by the General Assembly, or appointed by the Governor to serve on a per diem, part‑time or fee basis, either with or without the confirmation of the Senate; as relating to municipal corporations and political subdivisions of the State, the term "employee" shall include all officers and employees thereof, including such as are elected by the people. The term "employee" shall include members of the North Carolina National Guard while on State active duty under orders of the Governor and members of the North Carolina State Defense Militia while on State active duty under orders of the Governor. The term "employee" shall include deputy sheriffs and all persons acting in the capacity of deputy sheriffs, whether appointed by the sheriff or by the governing body of the county and whether serving on a fee basis or on a salary basis, or whether deputy sheriffs serving upon a full‑time basis or a part‑time basis, and including deputy sheriffs appointed to serve in an emergency, but as to those so appointed, only during the continuation of the emergency. The sheriff shall furnish to the board of county commissioners a complete list of all deputy sheriffs named or appointed by him immediately after their appointment and notify the board of commissioners of any changes made therein promptly after such changes are made. Any reference to an employee who has been injured shall, when the employee is dead, include also his legal representative, dependents, and other persons to whom compensation may be payable: Provided, further, that any employee, as herein defined, of a municipality, county, or of the State of North Carolina, while engaged in the discharge of his official duty outside the jurisdictional or territorial limits of the municipality, county, or the State of North Carolina and while acting pursuant to authorization or instruction from any superior officer, shall have the same rights under this Article as if such duty or activity were performed within the territorial boundary limits of his employer.
Every executive officer elected or appointed and empowered in accordance with the charter and bylaws of a corporation shall be considered as an employee of such corporation under this Article.
Any such executive officer of a corporation may, notwithstanding any other provision of this Article, be exempt from the coverage of the corporation's insurance contract by such corporation's specifically excluding such executive officer in such contract of insurance, and the exclusion to remove such executive officer from the coverage shall continue for the period such contract of insurance is in effect, and during such period such executive officers thus exempted from the coverage of the insurance contract shall not be employees of such corporation under this Article.
All county agricultural extension service employees who do not receive official federal appointments as employees of the United States Department of Agriculture and who are field faculty members with professional rank as designated in the memorandum of understanding between the North Carolina Agricultural Extension Service, North Carolina State University, A & T State University, and the boards of county commissioners shall be deemed to be employees of the State of North Carolina. All other county agricultural extension service employees paid from State or county funds shall be deemed to be employees of the county board of commissioners in the county in which the employee is employed for purposes of workers' compensation.
The term "employee"
shall also include members of the Civil Air Patrol currently certified pursuant
to G.S. 143B‑491(a) [G.S. 143B‑1031(a)]G.S. 143B‑1031(a)
when performing duties in the course and scope of a State‑approved
mission pursuant to Article 11 of Chapter 143B [Subpart C of Part 5 of
Article 13 of Chapter 143B] Subpart C of Part 5 of Article 13 of Chapter
143B of the General Statutes.
"Employee" shall not include any person performing voluntary service as a ski patrolman who receives no compensation for such services other than meals or lodging or the use of ski tow or ski lift facilities or any combination thereof.
Any sole proprietor or partner of a business or any member of a limited liability company may elect to be included as an employee under the workers' compensation coverage of such business if he is actively engaged in the operation of the business and if the insurer is notified of his election to be so included. Any such sole proprietor or partner or member of a limited liability company shall, upon such election, be entitled to employee benefits and be subject to employee responsibilities prescribed in this Article.
"Employee" shall include an authorized pickup firefighter of the Division of Forest Resources of the Department of Agriculture and Consumer Services when that individual is engaged in emergency fire suppression activities for the Division of Forest Resources. As used in this section, "authorized pickup firefighter" means an individual who has completed required fire suppression training as a wildland firefighter and who is available as needed by the Division of Forest Resources for emergency fire suppression activities, including immediate dispatch to wildfires and standby for initial attack on fires during periods of high fire danger.
It shall be a rebuttable presumption that the term "employee" shall not include any person performing services in the sale of newspapers or magazines to ultimate consumers under an arrangement whereby the newspapers or magazines are to be sold by that person at a fixed price and the person's compensation is based on the retention of the excess of the fixed price over the amount at which the newspapers or magazines are charged to the person.
…
(5) Average Weekly Wages. – "Average weekly wages" shall mean the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of 52 weeks immediately preceding the date of the injury, including the subsistence allowance paid to veteran trainees by the United States government, provided the amount of said allowance shall be reported monthly by said trainee to his employer, divided by 52; but if the injured employee lost more than seven consecutive calendar days at one or more times during such period, although not in the same week, then the earnings for the remainder of such 52 weeks shall be divided by the number of weeks remaining after the time so lost has been deducted. Where the employment prior to the injury extended over a period of fewer than 52 weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed; provided, results fair and just to both parties will be thereby obtained. Where, by reason of a shortness of time during which the employee has been in the employment of his employer or the casual nature or terms of his employment, it is impractical to compute the average weekly wages as above defined, regard shall be had to the average weekly amount which during the 52 weeks previous to the injury was being earned by a person of the same grade and character employed in the same class of employment in the same locality or community.
But where for exceptional reasons the foregoing would be unfair, either to the employer or employee, such other method of computing average weekly wages may be resorted to as will most nearly approximate the amount which the injured employee would be earning were it not for the injury.
Wherever allowances of any character made to an employee in lieu of wages are specified part of the wage contract, they shall be deemed a part of his earnings.
Where a minor employee, under the age of 18 years, sustains a permanent disability or dies leaving dependents surviving, the compensation payable for permanent disability or death shall be calculated, first, upon the average weekly wage paid to adult employees employed by the same employer at the time of the accident in a similar or like class of work which the injured minor employee would probably have been promoted to if not injured, or, second, upon a wage sufficient to yield the maximum weekly compensation benefit. Compensation for temporary total disability or for the death of a minor without dependents shall be computed upon the average weekly wage at the time of the accident, unless the total disability extends more than 52 weeks, and then the compensation may be increased in proportion to his expected earnings.
In case of
disabling injury or death to a volunteer fireman; member of an organized rescue
squad; an authorized pickup firefighter, as defined in subdivision (2) of this
section, when that individual is engaged in emergency fire suppression
activities for the Division of Forest Resources; a duly appointed and sworn
member of an auxiliary police department organized pursuant to G.S. 160A‑282;
or senior members of the State Civil Air Patrol functioning under Article 11
of Chapter 143B [Subpart C of Part 5 of Article 13 of Chapter 143B] Subpart
C of Part 5 of Article 13 of Chapter 143B of the General Statutes, under
compensable circumstances, compensation payable shall be calculated upon the
average weekly wage the volunteer fireman, member of an organized rescue squad,
authorized pickup firefighter of the Division of Forest Resources, when that
individual is engaged in emergency fire suppression activities for the Division
of Forest Resources, member of an auxiliary police department, or senior member
of the State Civil Air Patrol was earning in the employment wherein he
principally earned his livelihood as of the date of injury. Provided, however,
that the minimum compensation payable to a volunteer fireman, member of an
organized rescue squad, an authorized pickup firefighter of the Division of
Forest Resources of the Department of Agriculture and Consumer Services, when
that individual is engaged in emergency fire suppression activities for the
Division of Forest Resources, a sworn member of an auxiliary police department
organized pursuant to G.S. 160A‑282, or senior members of the State
Civil Air Patrol shall be sixty‑six and two‑thirds percent (66
2/3%) of the maximum weekly benefit established in G.S. 97‑29.
…
(12) Child, Grandchild,
Brother, Sister. – The term "child" shall include a posthumous child,
a child legally adopted prior to the injury of the employee, and a stepchild or
acknowledged illegitimate child born out of wedlock dependent
upon the deceased, but does not include married children unless wholly
dependent upon him. "Grandchild" means a child as above defined of
a child as above defined. child, as defined in this subdivision, of a
child, as defined in this subdivision. "Brother" and "sister"
include stepbrothers and stepsisters, half brothers and half sisters, and
brothers and sisters by adoption, but does not include married brothers nor
married sisters unless wholly dependent on the employee. "Child," "grandchild,"
"brother," and "sister" include only persons who at the
time of the death of the deceased employee are under 18 years of age.
…."
SECTION 26. G.S. 130A‑119 reads as rewritten:
"§
130A‑119. Clerk of Court to furnish State Registrar with facts as to
paternity of illegitimate children born out of wedlock when judicially
determined.
Upon the entry of a judgment
determining the paternity of an illegitimate child, a child born out
of wedlock, the clerk of court of the county in which the judgment is
entered shall notify the State Registrar in writing of the name of the person
against whom the judgment has been entered, together with the other facts
disclosed by the record as may assist in identifying the record of the birth of
the child as it appears in the office of the State Registrar. If the judgment
is modified or vacated, that fact shall be reported by the clerk to the State
Registrar in the same manner. Upon receipt of the notification, the State
Registrar shall record the information upon the birth certificate of the illegitimate
child."
SECTION 27. G.S. 143‑166.2(a) and (c) read as rewritten:
"(a) The term "dependent
child" shall mean any unmarried child of the deceased officer, fireman,
rescue squad worker or senior member of the Civil Air Patrol whether natural,
adopted, posthumously born or whether an illegitimate a child born
out of wedlock as entitled to inherit under the Intestate Succession Act,
who is under 18 years of age and dependent upon and receiving his chief support
from said officer or fireman or rescue squad worker or senior member of the
Civil Air Patrol at the time of his death; provided, however, that if a
dependent child is entitled to receive benefits at the time of the officer's or
fireman's or rescue squad worker's or senior Civil Air Patrol member's death as
hereinafter provided, he shall continue to be eligible to receive such benefits
regardless of his age thereafter; and further provided that any child over 18
years of age who is physically or mentally incapable of earning a living and
any child over 18 years of age who was enrolled as a full‑time student at
the time of the officer's, the fireman's, the rescue squad worker's or the
senior Civil Air Patrol member's death shall so long as he remains a full‑time
student as defined in the Social Security Act be regarded as a dependent child
and eligible to receive benefits under the provisions of this Article.
…
(c) The term "killed
in the line of duty" shall apply to any law‑enforcement officer,
fireman, rescue squad worker who is killed or dies as a result of bodily
injuries sustained or of extreme exercise or extreme activity experienced in
the course and scope of his official duties while in the discharge of his
official duty or duties. When applied to a senior member of the Civil Air
Patrol as defined in this Article, "killed in the line of duty" shall
mean any such senior member of the North Carolina Wing‑Civil Air Patrol
who is killed or dies as a result of bodily injuries sustained or of extreme
exercise or extreme activity experienced in the course and scope of his
official duties while engaged in a State requested and approved mission
pursuant to Article 11 of Chapter 143B [Article 13 of Chapter 143B] Article
13 of Chapter 143B of the General Statutes. For purposes of this Article,
when a law enforcement officer, fireman, rescue squad worker, or senior Civil
Air Patrol member dies as the direct and proximate result of a myocardial
infarction suffered while on duty or within 24 hours after participating in a
training exercise or responding to an emergency situation, the law enforcement
officer, fireman, rescue squad worker, or senior Civil Air Patrol member is
presumed to have been killed in the line of duty."
SECTION 28. This act is effective when it becomes law, and Sections 9 and 13 of this act apply to estates of persons dying on or after that date.
In the General Assembly read three times and ratified this the 19th day of June, 2013.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 4:35 p.m. this 26th day of June, 2013