2005 North Carolina Code - General Statutes Article 86 - Reports of Dispositions of Criminal Cases.

Article 86.

Reports of Dispositions of Criminal Cases.

§ 15A‑1381.� Disposition defined.

As used in this Article, the term "disposition" means any action which results in termination or indeterminate suspension of the prosecution of a criminal charge. A disposition may be any one of the following actions:

(1)������ A finding of no probable cause pursuant to G.S. 15A‑511(c)(2);

(2)������ An order of dismissal pursuant to G.S. 15A‑604;

(3)������ A finding of no probable cause pursuant to G.S. 15A‑612(a)(3);

(4)������ A return of not a true bill pursuant to G.S. 15A‑629;

(5)������ Repealed by Session Laws 1989, c. 688, s. 4;

(6)������ Dismissal pursuant to G.S. 15A‑931 or 15A‑932;

(7)������ Dismissal pursuant to G.S. 15A‑954, 15A‑955 or 15A‑959;

(8)������ Finding of a defendant's incapacity to proceed pursuant to G.S. 15A‑1002 or dismissal of charges pursuant to G.S. 15A‑1008;

(9)������ Entry of a plea of guilty or no contest pursuant to G.S. 15A‑1011, without regard to the sentence imposed upon the plea, and even though prayer for judgment on the plea be continued;

(10)���� Dismissal pursuant to G.S. 15A‑1227;

(11)���� Return of verdict pursuant to G.S. 15A‑1237, without regard to the sentence imposed upon such verdict and even though prayer for judgment on such verdict be continued. (1981, c. 862, s. 1; 1989, c. 688, s. 4.)

 

§ 15A‑1382.� Reports of disposition; fingerprints.

(a)������ When the defendant is fingerprinted pursuant to G.S. 15A‑502 prior to the disposition of the case, a report of the disposition of the charges shall be made to the State Bureau of Investigation on a form supplied by the State Bureau of Investigation within 60 days following disposition.

(b)������ When a defendant is found guilty of any felony, regardless of the class of felony, a report of the disposition of the charges shall� be made to the State Bureau of Investigation on a form supplied by the State Bureau of Investigation within 60 days following disposition. If a convicted felon was not fingerprinted pursuant to G.S. 15A‑502 prior to the disposition of the case, his fingerprints shall be taken and submitted to the State Bureau of Investigation along with the report of the disposition of the charges on forms supplied by the State Bureau of Investigation. (1981, c. 862, s. 1.)

 

§ 15A‑1382.1.� Reports of disposition; domestic violence; sentencing.

(a)������ When a defendant is found guilty of an offense involving assault, or communicating a threat, the presiding judge shall determine whether the defendant and victim had a personal relationship. If the judge determines that there was a personal relationship between the defendant and the victim, then the judge shall indicate on the form reflecting the judgment that the case involved domestic violence. The clerk of court shall insure that the official record of the defendant's conviction includes the court's determination, so that any inquiry into the defendant's criminal record will reflect that the offense involved domestic violence.

(b)������ If the presiding judge determines that there was a personal relationship between the defendant and the victim, and a sentence to community punishment is imposed, the judge shall determine whether the defendant shall comply with one or more of the special conditions of probation set forth at G.S. 15A‑1343(b1), in addition to any other authorized punishment. Notwithstanding the provisions of G.S. 15A‑1340.11(6)c, the court may require the defendant to comply with the provisions of G.S. 15A‑1343(b1)(3c).

(c)������ The following definitions apply to this section:

(1)������ "An offense involving assault" includes any offense where an assault occurred, whether or not the conviction is for an offense under Article 8 of Chapter 14 of the General Statutes.

(2)������ "Inquiry" shall include any lawful review of the criminal records of persons convicted of an offense in this State, whether by law enforcement personnel or by private individuals.

(3)������ "Personal relationship" is as defined in G.S. 50B‑1(b). (2004‑186, s. 11.1.)

 

§ 15A‑1383.� Plans for implementation of Article; punishment for failure to comply; modification of plan.

(a)������ On January 1, 1982, or on the first day of the month following the date on which any superior court district becomes effective under G.S. 7A‑41, each senior resident superior court judge shall file a plan with the Director of the State Bureau of Investigation for the implementation of the provisions of this Article. The plan shall be entered as an order of the court on that date. In drawing up the plan, the senior resident superior court judge may consult with any public official having authority within his district or set of districts as defined in G.S. 7A‑41.1(a) and with any other persons as he may deem appropriate. Upon the request of the senior resident superior court judge, the State Bureau of Investigation shall provide such technical assistance in the preparation of the plan as the judge desires.

(b)������ A person who is charged by the plan with a duty to make reports who fails to make such reports as required by the plan is punishable for civil contempt under Article 2 of Chapter 5A of the General Statutes.

(c)������ When the senior resident superior court judge modifies, alters or amends a plan under this Article, the order making such modification, alteration or amendment shall be filed with the Director of the State Bureau of Investigation within 10 days of its entry.

(d)������ Plans prepared under this Article are not "rules" within the meaning of Chapter 150B of the General Statutes or within the meaning of Article 6C of Chapter 120 of the General Statutes. (1981, c. 862, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 70; 1989, c. 770, s. 4.)

 

§§ 15A‑1384 through 15A‑1390.� Reserved for future codification purposes.