2005 North Carolina Code - General Statutes § 15A-1382.1. Reports of disposition; domestic violence; sentencing.

§ 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.)


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