GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2001

 

 

SESSION LAW 2002-105

HOUSE BILL 1534

 

 

AN ACT to implement a recommendation of the Joint legislative administrative procedure oversight committee to grant the domestic violence commission authority to adopt rules to approve abuser treatment programs.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 143B-394.16(a) reads as rewritten:

"(a)      Powers and Duties. - The Commission shall have the following powers and duties:

(1)       As recommended in the January 15, 1999, final report of the Governor's Task Force on Domestic Violence, to develop and recommend to the General Assembly the "Safe Families Act" and to promote adequate funding to promote victim safety and accountability of perpetrators.

(2)       To develop and recommend domestic violence training initiatives for law enforcement and judicial personnel and for all persons who provide treatment and services to domestic violence victims.

(3)       To develop training initiatives for and make recommendations and provide information and advice to State agencies in the areas of child protection, education, employer/employee relations, criminal justice, and subsidized housing.

(4)       To provide information and advice to any private entities that request assistance in providing services and support to domestic violence victims.

(5)       To design, coordinate, and oversee a statewide public awareness campaign.

(6)       To design and coordinate improved data collection efforts for domestic violence crimes and acts in the State.

(7)       To research, develop, and recommend proposals of how best to meet the needs of domestic violence victims and to prevent domestic violence in the State.

(8)       To adopt rules in accordance with Article 2A of Chapter 150B of the General Statutes for the approval of abuser treatment programs as provided in G.S. 50B-3(a)(12). The Commission shall adopt rules to establish a consistent level of performance from providers of abuser treatment programs and to ensure that approved programs enhance the safety of victims and hold those who perpetrate acts of domestic violence responsible."

SECTION 2.  G.S. 50B-3(a) reads as rewritten:

"(a)      The court, including magistrates as authorized under G.S. 50B-2(c1), may grant any protective order or approve any consent agreement to bring about a cessation of acts of domestic violence. The orders or agreements may:

(1)       Direct a party to refrain from such acts;

(2)       Grant to a party possession of the residence or household of the parties and exclude the other party from the residence or household;

(3)       Require a party to provide a spouse and his or her children suitable alternate housing;

(4)       Award temporary custody of minor children and establish temporary visitation rights;

(5)       Order the eviction of a party from the residence or household and assistance to the victim in returning to it;

(6)       Order either party to make payments for the support of a minor child as required by law;

(7)       Order either party to make payments for the support of a spouse as required by law;

(8)       Provide for possession of personal property of the parties;

(9)       Order a party to refrain from doing any or all of the following:

a.         Threatening, abusing, or following the other party,

b.         Harassing the other party, including by telephone, visiting the home or workplace, or other means, or

c.         Otherwise interfering with the other party;

(10)     Award costs and attorney's fees to either party;

(11)     Prohibit a party from purchasing a firearm for a time fixed in the order;

(12)     Order any party the court finds is responsible for acts of domestic violence to attend and complete an abuser treatment program if the program is approved by the Department of Administration; Domestic Violence Commission; and

(13)     Include any additional prohibitions or requirements the court deems necessary to protect any party or any minor child."

SECTION 3.  G.S. 15A-1343 (b1)(9a) reads as rewritten:

"(9a)    Attend and complete an abuser treatment program if (i) the court finds the defendant is responsible for acts of domestic violence and (ii) the program is approved by the Department of Administration. Domestic Violence Commission."

SECTION 4.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 27th day of August, 2002.

 

 

                                                                    s/ Marc Basnight

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 4:52 p.m. this 6th day of September, 2002