H465 - Women and Children's Protection Act of 2015 (SL 2015-62)

Overview: S.L. 2015-62 modifies certain criminal laws pertaining to sexual crimes and offenders; permits electronic filing of documents in specified domestic violence and civil no-contact proceedings; makes administrative changes to improve child support collection and payment; and establishes a Maternal Mortality Review (MMR) Committee within the Department of Health and Human Services; and makes various changes to North Carolina's abortion laws.

Section 1 changes the offense of statutory rape to apply to engaging in a sexual act with a person who is 15 years old or younger, rather than with someone who is 13, 14, or 15 years old. This section became effective December 1, 2015, and applies to offenses committed on or after that date.

Section 2 makes administrative changes to improve collection and payment of child support to families. This section became effective June 5, 2015.

Section 3 permits electronic filing of certain documents in Chapter 50B and 50C cases under local rules approved by the Administrative Office of the Courts or under any uniform State rules adopted by the North Carolina Supreme Court. Sections 3.(b) through 3.(e) became effective December 1, 2015, and apply to documents filed and hearings held on or after that date; Section 3.(a) directing the establishment of rules became effective June 5, 2015.

Section 4 makes the following statutory amendments, effective December 1, 2015, and applies to offenses committed on or after that date:

• Section 4.(a) provides an aggravating sentencing factor for knowingly committing an offense that is seen or heard by a minor who is not an accomplice to the offense.
• Section 4.(b) clarifies that an assault is committed "in the presence of a minor" when the minor can see or hear the assault.
• Section 4.(c) permits the court to impose conditions of pretrial release in domestic violence cases to protect persons the defendant is dating or has dated.

Section 5 extends the prohibition against certain sex offenders being on premises frequented by minors to sex offenders committed of federal crimes or crimes in other states that are substantially similar to sex offenses under State law. This section became effective December 1, 2015, and applies to offenses committed on or after that date.

Section 6 establishes the Maternal Mortality Review Committee within the Department of Health and Human Services. The Committee is directed to reduce maternal mortality in North Carolina by conducting multidisciplinary maternal death reviews and developing recommendations for the prevention of future maternal deaths. This section became effective December 1, 2015.

Section 7 makes various changes to North Carolina's abortion laws. (Please see the full summary for more detail.) The substantive provisions regarding abortion laws become effective January 1, 2016, and apply to abortions performed or attempted on or after that date; the remainder of this Section became effective October 1, 2015, and applies to abortions performed or attempted on or after that date.

Except as otherwise provided, this act became effective June 5, 2015.