Bill Text: NC H82 | 2015-2016 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Execution/Nonsecure Custody Order/Child Abuse

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2015-06-02 - Ch. SL 2015-43 [H82 Detail]

Download: North_Carolina-2015-H82-Enrolled.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

 

 

HOUSE BILL 82

RATIFIED BILL

 

 

AN ACT clarifying the manner in which a law enforcement officer may take custody of a juvenile when executing a nonsecure custody order under the laws pertaining to abuse, neglect, and dependency.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 7B‑504 reads as rewritten:

"§ 7B‑504.  Order for nonsecure custody.

The custody order shall be in writing and shall direct a law enforcement officer or other authorized person to assume take physical custody of the juvenile and to make due return on the order. A copy of the order shall be given to the juvenile's parent, guardian, custodian, or caretaker by the official executing the order.

An officer receiving an order for custody which is complete and regular on its face may execute it in accordance with its terms. If the court finds on the basis of the petition and request for nonsecure custody or the testimony of the petitioner that a less intrusive remedy is not available, the court may authorize a law enforcement officer to enter private property to take physical custody of the juvenile. If required by exigent circumstances of the case, the court may authorize a law enforcement officer to make a forcible entry at any hour. The officer is not required to inquire into the regularity or continued validity of the order and shall not incur criminal or civil liability for its due service."

SECTION 2.  This act is effective when it becomes law and applies to orders issued on or after that date.

In the General Assembly read three times and ratified this the 26^th day of May, 2015.

 

 

                                                                    s/  Daniel J. Forest

                                                                         President of the Senate

 

 

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

 

 

 

 

                                                                        _____________________________________

                                                                         Pat McCrory

                                                                         Governor

 

 

Approved __________.m. this ______________ day of ___________________, 2015