GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 1581*

Short Title:  1990 Omnibus Drug Act.	(Public)
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Sponsors: Senators Daughtry, Carpenter, and Hardin.
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Referred to:  Judiciary II.
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July 5, 1990

A BILL TO BE ENTITLED
AN ACT TO ENACT THE 1990 OMNIBUS DRUG ACT.
The General Assembly of North Carolina enacts:
Section 1.  This act shall be known as the Omnibus Drug Act of 1990.
–-TO ALLOW PRIVATIZATION OF PRISON FACILITIES.
Sec. 2.  Effective October 1, 1990, G.S. 148-4 reads as rewritten:
"§ 148-4. Control and custody of prisoners; authorizing prisoner to leave place of confinement.
The Secretary of Correction shall have control and custody of all prisoners serving sentence in the State prison system, and such prisoners shall be subject to all the rules and regulations legally adopted for the government thereof. Any sentence to imprisonment in any unit of the State prison system, or to jail to be assigned to work under the State Department of Correction, shall be construed as a commitment, for such terms of imprisonment as the court may direct, to the custody of the Secretary of Correction or his authorized representative, who shall designate the places of confinement within the State prison system where the sentences of all such persons shall be served. The authorized agents of the Secretary shall have all the authority of peace officers for the purpose of transferring prisoners from place to place in the State as their duties might require and for apprehending, arresting, and returning to prison escaped prisoners, and may be commissioned by the Governor, either generally or specially, as special officers for returning escaped prisoners or other fugitives from justice from outside the State, when such persons have been extradited or voluntarily surrendered. Employees of departments, institutions, agencies, and political subdivisions of the State hiring prisoners to perform work outside prison confines may be designated as the authorized agents of the Secretary of Correction for the purpose of maintaining control and custody of prisoners who may be placed under the supervision and control of such employees, including guarding and transferring such prisoners from place to place in the State as their duties might require, and apprehending and arresting escaped prisoners and returning them to prison. The governing authorities of the State prison system are authorized to determine by rules and regulations the manner of designating these agents and placing prisoners under their supervision and control, which rules and regulations shall be established in the same manner as other rules and regulations for the government of the State prison system.
The Secretary of Correction may extend the limits of the place of confinement of a prisoner, as to whom there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to
(1) 	Contact prospective employers; or
(2) 	Secure a suitable residence for use when released on parole or upon discharge; or
(3) 	Obtain medical services not otherwise available; or
(4) 	Participate in a training program in the community; or
(5) 	Visit or attend the funeral of a spouse, child (including stepchild, adopted child or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person though not a natural parent, has acted in the place of a parent), brother, or sister; or
(6) 	Participate in community-based programs of rehabilitation, including, but not limited to the existing community volunteer and home-leave programs, pre-release and after-care programs as may be provided for and administered by the Secretary of Correction and other programs determined by the Secretary of Correction to be consistent with the prisoner's rehabilitation and return to society; or
(7) 	Be on maternity leave, for a period of time not to exceed 60 days. The county departments of social services are expected to cooperate with officials at the North Carolina Correctional Center for Women to coordinate prenatal care, financial services, and placement of the child.
The willful failure of a prisoner to remain within the extended limits of his confinement, or to return within the time prescribed to the place of confinement designated by the Secretary of Correction, shall be deemed an escape from the custody of the Secretary of Correction punishable as provided in G.S. 148-45.
Notwithstanding any other provision of law, the Secretary of Correction may contract with private for-profit or nonprofit corporations to provide confinement facilities and to operate programs for State prisoners.  Such contracts shall not purport to alter the powers and duties of the Department of Correction and the State with respect to State prisoners."
Sec. 3.  Effective October 1, 1990, Section 65 of Chapter 500 of the 1989 Session Laws is repealed.
–-TO PROVIDE THAT THE INVESTIGATING LAW ENFORCEMENT AGENCY SHALL RECEIVE SEVENTY-FIVE PERCENT OF THE MONIES COLLECTED BY AN ASSESSMENT UNDER THE CONTROLLED SUBSTANCE TAX LAW.
Sec. 4.  Effective upon ratification and retroactive to January 1, 1990, G.S. 105-113.111 reads as rewritten:
"§ 105-113.111. Assessments.
(a)	Notwithstanding any other provision of law, an assessment against a dealer who possesses a controlled substance to which a stamp has not been affixed as required by this Article shall be made as provided in this section.  The Secretary shall assess a tax, applicable penalties, and interest based on personal knowledge or information available to the Secretary.  The Secretary shall notify the dealer in writing of the amount of the tax, penalty, and interest due, and demand its immediate payment.  The notice and demand shall be either mailed to the dealer at the dealer's last known address or served on the dealer in person.  If the dealer does not pay the tax, penalty, and interest immediately upon receipt of the notice and demand, the Secretary shall collect the tax, penalty, and interest pursuant to the procedure set forth in G.S. 105-241.1(g) for jeopardy assessments or the procedure set forth in G.S. 105-242, including causing execution to be issued immediately against the personal property of the dealer unless the dealer files with the Secretary a bond in the amount of the asserted liability for the tax, penalty, and interest.  The Secretary shall use all means available to collect the tax, penalty, and interest from any property in which the dealer has a legal, equitable, or beneficial interest.  The dealer may seek review of the assessment as provided in Article 9 of this Chapter.
(b)	Of the monies collected pursuant to subsection (a), seventy-five percent (75%) shall be remitted to the law enforcement agency that conducted the investigation of the dealer that led to the assessment under subsection (a).  If more than one law enforcement agency conducted the investigation, the Secretary of the Department of Revenue shall determine the equitable pro rata share for each agency based on the contribution each agency made to the investigation."
–-TO REQUIRE CONVICTED DRUG OFFENDERS TO PAY A SPECIAL COURT COST OF FIFTY DOLLARS TO PAY FOR THE COSTS OF IMPROVED LAB FACILITIES AT THE STATE BUREAU OF INVESTIGATION.
Sec. 5.  Effective October 1, 1990, and applying to offenses committed on or after that date, Article 28 of Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A-304.1. Cost assessed for drug convictions.
In addition to any other costs assessed pursuant to this Article, any person required by G.S. 7A-304 to pay the costs specified in that section who is convicted of a violation of any provision of Article 5 of Chapter 90 of the General Statutes shall be assessed an additional court cost of fifty dollars ($50.00).  This fee shall be paid to the Department of Justice for the use of the State Bureau of Investigation in the construction, maintenance and operation of its laboratories."
–-TO PROVIDE THAT FORTIFYING A STRUCTURE USED FOR ILLEGAL SALE, DELIVERY, MANUFACTURE, OR POSSESSION OF CONTROLLED SUBSTANCE IS CLASS I FELONY.
Sec. 6.  Effective upon ratification and applying to offenses occurring on or after that date, Article 5 of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90-97.1.  Fortification of structure used to illegally manufacture, sell, deliver, or possess a controlled substance.
(a)	It is unlawful for any person to fortify a structure in which a controlled substance is, or is intended to be, manufactured, sold, delivered, or possessed in violation of this Article.  A violation of this subsection shall be a Class I felony.
(b)	As used in this section:
(1)	‘Booby trap' means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of any unsuspecting person making contact with the device or a tripping mechanism;
(2)	‘Fortify' includes but is not limited to, installing booby traps, alarm or surveillance systems, high-security fencing, barricading windows or doors, maintaining attack dogs, or similar measures to impede entry into a structure;
(3)	‘Structure' means any building, shed, or outbuilding, or part thereof, whether abandoned or occupied, whether complete or under construction, and whether used or intended for use for residential, commercial, office, storage, or public purposes.
(c)	The following, along with all other relevant evidence, may be considered in determining whether the devices or activities defined in subsection (b) of this section are installed or maintained for the purpose of hindering or impeding a law enforcement officer in the discharge of his duties:
(1)	Statements by the owner or anyone in control of the structure;
(2)	Conviction of the owner or other person in control of the structure for violations of this Article for manufacturing, selling, delivering, or possessing a controlled substance in such structure;
(3)	Prior convictions of the owner or other person in control of the structure for violations of this Article;
(4)	Possible legitimate uses of the devices or reasons for the activities;
(5)	Security measures commonly utilized elsewhere in the neighborhood; and
(6)	Testimony as to the difficulty such devices or activities presented to law enforcement officers in the discharge or attempt to discharge their duties."
–-TO MAKE PERMANENT THE LAW PERMITTING GRAND JURIES TO INVESTIGATE DRUG TRAFFICKING.
Sec. 7.  Section 6 of Chapter 843 of the 1985 Session Laws, as amended by Chapter 1040 of the 1987 Session Laws reads as rewritten:
"Sec. 6.  This act shall become effective October 1, 1986."
–-TO REQUIRE A MOTION OF THE DISTRICT ATTORNEY FOR A FINDING BY THE COURT THAT A DEFENDANT HAD RENDERED SUBSTANTIAL ASSISTANCE WARRANTING REDUCTION OF MANDATORY PRISON TERMS OR FINES TO HALF OF MANDATORY MINIMUMS IN CONTROLLED SUBSTANCE CONVICTIONS UNDER G.S. 90-95(h)(5).
Sec. 8.  Effective October 1, 1990, and applying to offenses committed on or after that date, G.S. 90-95(h)(5) reads as rewritten:
"(5)	A person being sentenced under this subsection may not receive a suspended sentence or be placed on probation.  The actual time served pursuant to a sentence imposed under this subsection may not be reduced by good time, gain time, or by early parole.  A person sentenced under this subsection as a committed youthful offender shall be eligible for release or parole no earlier than that person would have been had he been sentenced under this subsection as a regular offender.  The sentencing judge may, upon motion of the district attorney, reduce the mandatory minimum fine or the mandatory minimum prison term required under this subsection, or both, to no less than half of the mandatory minimum fine or prison term required under this subsection, when such person has, to the best of his knowledge, provided substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, co-conspirators, or principals if the sentencing judge enters in the record a finding that the person to be sentenced has rendered such substantial assistance."
–-TO IMPOSE INCREASED MANDATORY MINIMUM SENTENCES FOR SELLING DRUGS TO YOUTHS, INVOLVING YOUTHS IN THE SALE OF DRUGS, OR FOR SELLING DRUGS WITHIN 1,000 FEET OF SCHOOL.
Sec. 9.  Effective October 1, 1990, and applying to offenses committed on or after that date, G.S. 90-95(e)(5) is recodified as G.S. 90-95(j), and reads as rewritten:
“	(j)	Any person 18 years of age or over who violates G.S. 90-95(a)(1) by selling or delivering a controlled substance to a person under 18 years of age, when such controlled substance is classified in:
(1)	Schedule I or II shall be punishable by a term of imprisonment at least two and one-half but no more than three times the maximum sentence authorized by G.S. 90-95(b)(1) and a fine of not less than fifty thousand dollars ($50,000);
(2)	Schedule III, IV, V, or VI shall be punishable by a term of imprisonment at least two and one-half but no more than three times the maximum sentence authorized by G.S. 90-95(b)(2) and a fine of not less than twenty-five thousand dollars ($25,000).
It shall not be relevant to the imposition of enhanced punishment pursuant to this subsection that the defendant mistakenly believed that the recipient of the substance was 18 years of age or older, even if the mistaken belief was reasonable."
Sec. 10.  Effective October 1, 1990, and applying to offenses committed on or after that date, G.S. 90-95 is amended by adding new subsections to read:
"( k)	It shall be unlawful for any person 18 years of age or older to employ, hire, use, persuade, induce, entice, or coerce a person under 18 years of age to:
(1)	Sell or deliver a controlled substance in violation of this section; or
(2)	Assist in avoiding detection or apprehension by any law enforcement officer for a violation of this section.
It shall be no defense to a prosecution under this subsection that the defendant mistakenly believed that the person whom the defendant employed, hired, used, persuaded, induced, enticed, or coerced was 18 years of age or older, even if such mistaken belief was reasonable.
(l)	It shall be unlawful for any person 18 years of age or older to manufacture, sell, deliver, or possess with intent to manufacture, sell, or deliver a controlled substance while on any school bus, or while in, on, or within 1,000 feet of the real property comprising a public or private:
(1)	Day care or preschool facility;
(2)	Elementary or secondary school;
(3)	Technical institute, vocational school, or proprietary school;
(4)	College, junior college, community college, or university.
It shall not be a defense to a prosecution under this subsection that the defendant was unaware that the prohibited took place within 1,000 feet of any school property.
(m)	A person who violates G.S. 90-95(k) or (1) with respect to a controlled substance classified in:
(1)	Schedule I or II shall be punishable by a term of imprisonment at least two and one-half but no more than three times the maximum sentence authorized by G.S. 90-95(b)(1) and a fine of not less than fifty thousand dollars ($50,000);
(2)	Schedule III, IV, V, or VI shall be punishable by a term of imprisonment at least two and one-half but no more than three times the maximum sentence authorized by G.S. 90-95(b)(2) and a fine of not less than twenty-five thousand dollars ($25,000).
A person being sentenced under this subsection or G.S. 90-95(j) may not receive a suspended sentence or be placed on probation. The actual time served pursuant to a sentence imposed under this subsection or G.S. 90-95(j) may not be reduced for good time, gain time, or by early parole."
–-TO IMPOSE A MANDATORY MINIMUM SENTENCE UNDER G.S. 90-95(b) FOR SELLING OR DELIVERING DRUGS IN AMOUNTS NOT SUFFICIENTLY LARGE TO VIOLATE ANTI-DRUG TRAFFICKING PROVISION OF G.S. 90-95(h).
Sec. 11.  Effective October 1, 1990, and applying to sentences for convictions rendered on or after that date, G.S. 90-95(b) reads as rewritten:
"(b)	Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90-95(a)(1) with respect to:
(1)	A controlled substance classified in Schedule I or II shall be punished as a Class H felon and shall be sentenced to a term of at least seven years in the State's prison and fined not less than twenty-five thousand dollars ($25,000);
(2)	A controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class I felon and shall be sentenced to a term of at least three years in the State's prison and fined not less than ten thousand dollars ($10,000), but the transfer of less than 5 grams of marijuana for no remuneration shall not constitute a delivery in violation of G.S. 90-95(a)(1).
A person being sentenced under this subsection may not receive a suspended sentence or be placed on probation.  The actual time served pursuant to a sentence imposed under this subsection may not be reduced for good time, or by early parole.  A person sentenced under this subsection as a committed youthful offender shall be eligible for release or parole no earlier than that person would have been had he been sentenced under this subsection as a regular offender.
The sentencing judge may, upon motion of the district attorney, reduce the mandatory minimum fine or the mandatory minimum prison term or both to no less than two-thirds of the mandatory minimum fine or prison term required under this subsection, when such person has, to the best of his knowledge, provided substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, coconspirators, or principals if the sentencing judge enters in the record a finding that the person to be sentenced has rendered such substantial assistance.
Sentences imposed pursuant to this subsection shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced hereunder.  The penalties imposed under this subsection shall also apply to any person who is convicted of conspiracy to commit any of the offenses described in this subsection."
–-TO PROVIDE THAT MURDER IN THE FIRST DEGREE UNDER FELONY MURDER RULE INCLUDES DEATHS OCCURRING DURING FELONIES OF TRAFFICKING IN, SALE OF, OR DELIVERY OF CONTROLLED SUBSTANCE AND DEATH PROXIMATELY CAUSED BY OVERDOSE.
Sec. 12.  Effective October 1, 1990, and applying to offenses committed on or after that date, G.S. 14-17 reads as rewritten:
"§ 14-17.  Murder in the first and second degree defined; punishment.
A murder which shall be perpetrated by means of poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, sale or delivery of or trafficking in a controlled substance prohibited by G.S. 90-95, or other felony committed or attempted with the use of a deadly weapon, or a death which shall be proximately caused by the unlawful sale or delivery of or trafficking in a controlled substance prohibited by G.S. 90-95 when the ingestion of such substance causes the death of the user, shall be deemed to be murder in the first degree, and any person who commits such murder shall be punished with death or imprisonment in the State's prison for life as the court shall determine pursuant to G.S. 15A-2000, except that any such person who was under 17 years of age at the time of the murder shall be punished with imprisonment in the State's prison for life.  Provided, however, any person under the age of 17 who commits murder in the first degree while serving a prison sentence imposed for a prior murder or while on escape from a prison sentence imposed for a prior murder shall be punished with death or imprisonment in the State's prison for life as the court shall determine pursuant to G.S. 15A-2000.  All other kinds of murder shall be deemed murder in the second degree, and any person who commits such murder shall be punished as a Class C felon."
Sec. 13.  Effective October 1, 1990, and applying to offenses committed on or after that date, G.S. 15A-2000(e)(5) reads as rewritten:
"(5)	The capital felony was committed while the defendant was engaged, or was an aider or abettor, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any homicide, robbery, rape or a sex offense, arson, burglary, kidnapping, felonious sale or delivery of or trafficking in a controlled substance prohibited by G.S. 90-95, or aircraft piracy or the unlawful throwing, placing, or discharging of a destructive device or bomb."
Sec. 14.  Effective October 1, 1990, and applying to offenses committed on or after that date, G.S. 15A-2000(e)(9) reads as rewritten:
"(9)	The capital felony was especially heinous, atrocious, or cruel, or involved a death which was proximately caused by the unlawful sale or delivery of or trafficking in a controlled substance prohibited by G.S. 90-95 when the ingestion of such substance caused the death of the user."
–-TO ESTABLISH A SEPARATE OFFENSE PUNISHABLE BY A MANDATORY MINIMUM TEN YEARS IMPRISONMENT WITHOUT PAROLE, GOOD TIME, OR GAIN TIME TO POSSESS OR USE A DEADLY WEAPON DURING THE COMMISSION OF A FELONY DRUG OFFENSE.
Sec. 15.  Effective October 1, 1990, and applying to offenses committed on or after that date, Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90-95.4. Possession of or use of deadly weapon during felony drug offense.
(a)	A person who possesses or uses a deadly weapon while committing a felony offense in G.S. 90-95 is guilty of a Class C felony and shall be sentenced to a term of at least 10 years in the State's prison.
(b)	The offense created by this section is a separate, punishable offense from a felony offense in G.S. 90-95.  A person may be convicted and punished for a violation of this section and also may be convicted and punished for a felony violation of G.S. 90-95.
(c)	A person sentenced under this section shall not receive a suspended sentence or be placed on probation.  Notwithstanding any other provision of law, a person sentenced under this section shall not be eligible for parole, good time, or gain time.  A person sentenced under this section shall not be eligible to be sentenced as a committed youthful offender.  The term of imprisonment imposed pursuant to this section shall run consecutively with and shall commence at the expiration of any term of imprisonment imposed for a felony offense committed under G.S. 90-95 and any other sentence being served by the person being sentenced."
–-TO PROVIDE FOR FELONY OF POSSESSING 100 MARIJUANA PLANTS AND TO REDUCE TO TEN POUNDS AMOUNT FOR TRAFFICKING IN MARIJUANA UNDER G.S. 90-95(h)(1).
Sec.  16.  Effective October 1, 1990, and applying to crimes committed after that date, G.S. 90-95(h)(1) reads as rewritten:
"(1)	Any person who sells, manufactures, delivers, transports, or possesses in excess of 10 pounds (avoirdupois) of marijuana, or at least 100 marijuana plants with no minimum weight threshold, shall be guilty of a felony which felony shall be known as ‘trafficking in marijuana' and if the quantity of such substance involved:
a.	Is 10 pounds or less and consists of 100 or more marijuana plants, such person shall be punished as a Class H felon and shall be sentenced to a term of at least five years in the State's prison and shall be fined not less than five thousand dollars ($5,000); provided, however, if the quantity of such plants is more than 10 pounds, punishment shall be as set forth elsewhere in this subdivision;
a.1.	Is in excess of 50 pounds, but less than 100 pounds, such person shall be punished as a Class H felon and shall be sentenced to a term of at least five years in the State's prison and shall be fined not less than five thousand dollars ($5,000);
b.	Is 100 pounds or more, but less than 2,000 pounds, such person shall be punished as a Class G felon and shall be sentenced to a term of at least seven years in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
c.	Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be punished as a Class F felon and shall be sentenced to a term of at least 14 years in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
d.	Is 10,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a term of at least 35 years in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000)."
–-TO REQUIRE A MANDATORY MINIMUM SENTENCE FOR POSSESSION OR DISTRIBUTION OF PRECURSOR CHEMICALS WITH INTENT TO MANUFACTURE ILLEGAL CONTROLLED SUBSTANCE.
Sec. 17.  Effective October 1, 1990, and applying to offenses occurring on or after that date, G.S. 90-95 is amended by adding two new subsections to read:
"( d1)	Except as authorized by this Article, it is unlawful for any person to :
(1)	Possess an immediate precursor chemical with intent to manufacture a controlled substance; or
(2)	Possess or distribute an immediate precursor chemical knowing, or having reasonable cause to believe, that the immediate precursor chemical will be used to manufacture a controlled substance.
Any person who violates this subsection shall be punished as a Class G felon and shall be sentenced to a term of at least 10 years in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000).
(d2)	The immediate precursor chemicals to which subsection (d1) of this section applies are those immediate precursor chemicals designated by the Commission pursuant to its authority under G.S. 90-87(14), and the following (until otherwise specified by the Commission):
(1)	Anthranilic acid.
(2)	Benzyl cyanide.
(3)	Chloroephedrine.
(4)	Chloropseudoephedrine.
(5)	D-lysergic acid.
(6)	Ephedrine.
(7)	Ergonovine maleate.
(8)	Ergotamine tartrate.
(9)	Ethyl Malonate.
(10)	Ethylamine.
(11)	Isosafrole.
(12)	Malonic acid.
(13)	Methylamine.
(14)	N-acetylanthranilic acid.
(15)	N-ethylephedrine.
(16)	N-ethylepseudoephedrine.
(17)	N-methylephedrine.
(18)	N-methylpseudoephedrine.
(19)	Norpseudoephedrine.
(20)	Phenyl-2-propane.
(21)	Phenylacetic acid.
(22)	Phenylpropanolamine.
(23)	Piperidine.
(24)	Piperonal.
(25)	Propionic anhydride.
(26)	Pseudoephedrine.
(27)	Pyrrolidine.
(28)	Safrole.
(29)	Thionylchloride."
–-TO REDUCE AMOUNT REQUIRED FOR PRESCRIPTION DRUG POSSESSION OFFENSE UNDER G.S. 90-95(d)(2).
Sec. 18.  Effective October 1, 1990, and applying to crimes committed after that date, G.S. 90-95(d)(2) reads as rewritten:
"(2)	A controlled substance classified in Schedule II, III, or IV shall be guilty of a misdemeanor and shall be sentenced to a term of imprisonment of not more than two years or fined not more than two thousand dollars ($2,000), or both in the discretion of the court. If the controlled substance exceeds four tablets, capsules, or other dosage units or equivalent quantity of hydromorphone or if the quantity of the controlled substance, or combination of the controlled substances, exceeds 10 tablets, capsules or other dosage units, or equivalent quantity, the violation shall be punishable as a Class I felony.  If the controlled substance is phencyclidine, or cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances (except decocanized coca leaves or any extraction of coca leaves which does not contain cocaine or ecgonine), the violation shall be punishable as a Class I felony."
–-TO PROVIDE FOR INCREASING SANCTIONS FOR SUBSEQUENT POSSESSIONS OF ONE OUNCE OR LESS OF MARIJUANA.
Sec. 19.  Effective January 1, 1991, and applying to offenses occurring on or after that date, G.S. 90-95(d)(1) reads as rewritten:
"(1)	A controlled substance classified in Schedule I shall be punished as a Class I felon; but if the quantity of the controlled substance is one ounce (avoirdupois) or less of marijuana or one-tenth of an ounce (avoirdupois) or less of extracted resin of marijuana, commonly known as hashish, the violation shall be punishable as a misdemeanor.  The punishment for possession of one ounce (avoirdupois) or less of marijuana or one-tenth ounce (avoirdupois) or less of extracted resin of marijuana shall be:
a.	For a first conviction, the defendant shall be fined five hundred dollars ($500.00), and ordered to perform eight hours of community service.  The court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division.
b.	For a second conviction, the defendant shall be fined one thousand dollars ($1,000), ordered to perform 40 hours of community service, and lose eligibility for all State financial aid for post-secondary education for a period of one year from the date of sentencing.  The court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division.
c.	For a third or subsequent conviction, the punishment shall be a fine of two thousand dollars ($2,000), a minimum mandatory jail term of 72 hours served consecutively, suspension from any State-supported institution of higher learning and lose eligibility for all State financial aid for post-secondary education.  The term of imprisonment may be suspended only on condition that the defendant successfully completes a 28-day drug abuse treatment program approved by the Department of Human Resources, remains in after care for six months, and tests free of controlled substances for a period of one year.  The court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division."
Sec. 20.  Effective January 1, 1991, and applying to offenses occurring on or after that date, G.S. 20-13.2(a) reads as rewritten:
	"(a) The Division must revoke the license of a person convicted of violating the provisions of G.S. 20-138.3 or G.S. 90-95(d)(1) if the controlled substance is one ounce (avoirdupois) or less of marijuana or one-tenth of an ounce (avoirdupois) or less of extracted resin of marijuana upon receipt of a record of the licensee's conviction."
Sec. 21.  Effective January 1, 1991, and applying to offenses occurring on or after that date, G.S. 20-13.2(d) reads as rewritten:
	"(d) The length of revocation under this section shall be equal to the number of days from the date of the charge to the provisional licensee's 18th birthday or 45 days, whichever is longer. Revocations under this section run concurrently with any other revocations, but a limited driving privilege issued pursuant to law does not authorize a provisional licensee to drive if his license is revoked under this section."
–-TO PROVIDE FOR THE TEMPORARY OR PERMANENT DENIAL OF STATE FINANCIAL BENEFITS FOR CONVICTION UNDER CONTROLLED SUBSTANCES ACT, OF ARTICLE 5 OF CHAPTER 90 OF THE GENERAL STATUTES, AND FEDERAL DRUG CONTROL STATUTES.
Sec. 22.  Effective January 1, 1991, Article 5 of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90-98.2.  Denial of State benefits for controlled substance convictions.
(a)	As used in this section, unless the context clearly requires otherwise:
(1)	‘Authority' means the State Educational Assistance Authority created under G.S. 116-203.
(2)	‘Financial assistance' means any loans, grants, scholarships, or other forms of financial assistance for higher education utilizing State funds or guarantees, including but not limited to, all such programs regulated or administered by the Authority.
(b)	Any person who is convicted in any court of competent jurisdiction of a violation of any of the provisions of this Article or the Federal Drug Abuse Prevention and Control Act, or a successor statute, which constitutes a felony shall:
(1)	For the first such conviction, be ineligible for any State financial assistance for no less than one year from the date of the conviction; and
(2)	For the second such conviction, be permanently ineligible for any State financial assistance.
¨ The penalties required under this subsection shall in no way limit the ability of the Authority to impose more severe penalties in its discretion. "
–-TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF PROFESSIONAL LICENSES OR CERTIFICATIONS, AND PRIVILEGE OR BUSINESS LICENSES, FOR CONVICTION UNDER CONTROLLED SUBSTANCES ACT OF ARTICLE 5 OF CHAPTER 90 OF THE GENERAL STATUTES AND THE FEDERAL DRUG CONTROL STATUTES.
Sec. 23.  Effective January 1, 1991, Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90-98.1.  Suspension or revocation of professional licenses or certifications, and business and privilege licenses for controlled substance convictions.
(a)	As used in this section, unless the context clearly requires otherwise:
(1)	‘License' means any license (specifically including, but not limited to, privilege or business licenses held personally by the defendant), certificate, or other evidence of qualification which one must obtain before engaging in, or hold oneself out as a member of, a particular profession or occupation.
(2)	‘Occupational licensing board' means any board, committee, commission, or other agency in North Carolina (specifically including, but not limited to, the North Carolina State Bar and the Board of Medical Examiners of the State of North Carolina, and other Boards as defined in Chapter 93B of the General Statutes) which is established for the primary purpose of regulating the entry of persons into, or the conduct of persons within, or both, a particular profession or occupation, and which is authorized to issue licenses.
(b)	Upon conviction in any court of competent jurisdiction of a violation of any of the provisions of this Article or the Federal Drug Abuse Prevention and Control Act (21 U.S.C. Chapter 13, or a successor statute) which constitutes a felony, the clerk of said court shall forward a certified copy of the judgement of conviction to the occupational licensing board by which the convicted defendant had been licensed to practice his profession or occupation.
(c)	Upon receipt of the certified copy of conviction, the occupational licensing board shall:
(1)	For the first such conviction, suspend the convicted defendant's license for no less than six months from the date of suspension;
(2)	For the second such conviction, suspend the convicted defendant's license for no less than one year from the date of the suspension;
(3)	For the third such conviction, permanently revoke the convicted defendant's license.
The minimum penalties required under this subsection shall in no way limit the authority of any occupational licensing board to impose more severe penalties in the discretion of that board."
–-TO PROVIDE FOR MANDATORY REVOCATION OF DRIVER'S LICENSES FOR CONTROLLED SUBSTANCE CONVICTIONS, AND OTHER RELATED PENALTIES.
Sec. 24.  Effective January 1, 1991, G.S. 20-13.2(b) reads as rewritten:
	"(b) If a person is convicted of an offense involving impaired driving or a violation of the Controlled Substances Act of Article 5 of Chapter 90 of the General Statutes, and the offense occurs while he is a provisional licensee, his license must be revoked under this section in addition to any other revocation required or authorized by law."
Sec. 25.  Effective January 1, 1991, G.S. 20-17 is amended by adding a new subdivision to read:
"(12)	Conviction of a felony under the Controlled Substances Act of Article 5 of Chapter 90 of the General Statutes."
Sec. 26.  Effective January 1, 1991, G.S. 20-17.4 is amended by adding a new subsection to read:
"( a1)	The Division shall forthwith revoke the commercial driver license of any driver upon receiving a record of such driver's conviction of a felony under the Controlled Substances Act of Article 5 of Chapter 90 of the General Statutes.  If a commercial license is revoked under this subsection, the period of revocation and conditions of reissuance of such license shall be as set forth in G.S. 20-19(e1)-(e5)."
Sec. 27.  Effective January 1, 1991, G.S. 20-19 is amended by adding new subsections to read:¨
"( e1)	When a license is revoked under G.S. 20-17(12) or G.S. 20-17.4(a1), and the period of revocation is not determined by subsections (e2), (e3), or (e4) of this section, the period of revocation is 183 days, and this period may be reduced to no less than 120 days under the provisions of subsection (e5) of this section.
(e2)	When a person's license is revoked under G.S. 20-17(12) or G.S. 20-17.4(a1), and the person has been convicted of another offense involving controlled substances, which offense occurred within three years immediately preceding the date of the offense for which his license is being revoked, the period of revocation is one year, and this period may be reduced to no less than 183 days under the provisions of subsection (e5) of this section.
(e3)	When a person's license is revoked under G.S. 20-17(12) or G.S. 20-17.4(a1), and the person has been convicted of two or more previous offenses involving controlled substances, and the most recent offense occurred within the five years immediately preceding the date of the offense for which his license is being revoked, the period of revocation is three years, and this period may be reduced to no less than 548 days under the provisions of subsection (e5) of this section.
(e4)	When a person's license is revoked under G.S. 20-17(12) or G.S. 20-17.4(a1), and the person has been convicted of three or more previous offenses involving controlled substances, and the most recent offense occurred within the seven years immediately preceding the date of the offense for which his license is being revoked, the revocation is permanent, and this period may be reduced to no less than five years under the provisions of subsection (e5) of this section.
(e5)	The Division may conditionally restore the person's license after it has been revoked under subsections (e1)-(e4) of this section if the person whose license has been revoked has done the following and provided satisfactory proof thereof to the Division:
(1)	Such person shall obtain, during the period when his license has been revoked, a substance abuse assessment from an area mental health agency, its designated agent, or a private facility licensed by the State for the treatment of alcoholism and substance abuse.  If the assessing agency recommends that the person participate in a treatment program, the person shall do so, and he shall execute a Release of Information authorizing the treatment agency to report his completion of the treatment program to the Division.  If the assessment does not identify a substance abuse handicap, the original finding shall be filed with the Division and the person shall be required to attend an alcohol and drug education traffic school.  The Division shall not reissue the driver's license of a person required to participate in a treatment program or school unless it has received the original certificate of completion from the assessment or treating agency or school.  Any fees charged by the assessing or treating agency or school shall be paid by the person seeking to have his license restored;
(2)	From the date his license was revoked, he has not been convicted in North Carolina or any other state or federal jurisdiction of an offense involving the manufacture, sale, distribution, or possession of a controlled substance; and
(3)	The person shall undergo a random drug test, or series of random drug tests, during the period of license revocation, and such tests must be negative for the presence of controlled substances, as defined in G.S. 90-87(5), or their metabolites, unless the person can show that such substances were lawfully administered as part of professional medical treatment.  The Division shall notify the person when such tests are required and the results of such tests shall be submitted to the Division.  The costs of testing shall be borne by the person seeking to have his license restored.
If the Division restores the person's license, it may place reasonable conditions or restrictions on the person for any period up to three years from the date of restoration.  No person whose license was revoked under G.S. 20-17(12) shall be eligible for limited driving privileges under G.S. 20-179.3."
Sec. 28.  Effective January 1, 1991, G.S. 20-179(g) reads as rewritten:
"(g)	Level One Punishment. – A defendant subject to Level One punishment may be fined up to two thousand dollars ($2,000), must be sentenced to a term of imprisonment that includes a minimum term of not less than 14 days and a maximum term of not more than 24 months, and must receive a mandatory minimum period of nonoperation of a motor vehicle of at least 150 days. The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 14 days. If the defendant is placed on probation, the judge must, if required by subsection (m), impose the conditions relating to assessment, treatment, and education described in that subsection. The judge may impose any other lawful condition of probation. If the judge does not place on probation a defendant who is otherwise subject to the mandatory assessment and treatment provisions of subsection (m), he must include in the record of the case his reasons for not doing so."
Sec. 29.  Effective January 1, 1991, G.S. 20-179(h) reads as rewritten:
"(h)	Level Two Punishment. – A defendant subject to Level Two punishment may be fined up to one thousand dollars ($1,000), must be sentenced to a term of imprisonment that includes a minimum term of not less than seven days and a maximum term of not more than 12 months. The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least seven days. If the defendant is placed on probation, the judge must, if required by subsection (m), impose the conditions relating to assessment, treatment, and education described in that subsection. The judge may impose any other lawful condition of probation. If the judge does not place on probation a defendant who is otherwise subject to the mandatory assessment and treatment provisions of subsection (m), he must include in the record of the case his reasons for not doing so."
Sec. 30.  Effective January 1, 1991, G.S. 20-179(i) reads as rewritten:
"(i)	Level Three Punishment. – A defendant subject to Level Three punishment may be fined up to five hundred dollars ($500.00), must be sentenced to a term of imprisonment that includes a minimum term of not less than 72 hours and a maximum term of not more than six months, and must receive a mandatory minimum period of nonoperation of a motor vehicle of at least 90 days. The term of imprisonment must be suspended, on the condition that the defendant:
(1) 	Be imprisoned for a term of at least 72 hours as a condition of special probation; or
(2) 	Perform community service for a term of at least 72 hours; or
(3a)	Both (1) and (2).
		The judge in his discretion may impose any other lawful condition of probation and, if required by subsection (m), must impose the conditions relating to assessment, treatment, and education described in that subsection. This subsection does not affect the right of a defendant to elect to serve the suspended sentence of imprisonment as provided in G.S. 15A-1341(c)."
Sec. 31.  Effective January 1, 1991, G.S. 20-179(j) reads as rewritten:
"(j)	Level Four Punishment. – A defendant subject to Level Four punishment may be fined up to two hundred fifty dollars ($250.00), must be sentenced to a term of imprisonment that includes a minimum term of not less than 48 hours and a maximum term of not more than 120 days, and must receive a mandatory minimum period of nonoperation of a motor vehicle of at least 60 days. The term of imprisonment must be suspended, on the condition that the defendant:
(1) 	Be imprisoned for a term of 48 hours as a condition of special probation; or
(2)	Perform community service for a term of 48 hours; or
(3a)	Both (1) and (2).
		The judge in his discretion may impose any other lawful condition of probation and, if required by subsection (m), must impose the conditions relating to assessment, treatment, and education described in that subsection. This subsection does not affect the right of a defendant to elect to serve the suspended sentence of imprisonment as provided in G.S. 15A-1341(c)."
Sec. 32.  Effective January 1, 1991, G.S. 20-179(k) reads as rewritten:
"(k)	Level Five Punishment. – A defendant subject to Level Five punishment may be fined up to one hundred dollars ($100.00), must be sentenced to a term of imprisonment that includes a minimum term of not less than 24 hours and a maximum term of not more than 60 days, must receive a mandatory minimum period of nonoperation of a motor vehicle of at least 30 days. The term of imprisonment must be suspended, on the condition that the defendant:
(1) 	Be imprisoned for a term of 24 hours as a condition of special probation; or
(2) 	Perform community service for a term of 24 hours; or
		(3a)	Both (1) and (2).
The judge may in his discretion impose any other lawful condition of probation and, if required by subsection (m), must impose the conditions relating to assessment, treatment, and education described in that subsection. This subsection does not affect the right of a defendant to elect to serve the suspended sentence of imprisonment as provided in G.S. 15A-1341(c)."
Sec. 33.  Effective January 1, 1991, G.S. 20-179.3(c) reads as rewritten:
"(c)	Privilege Not Effective until after Compliance with Court-Ordered Revocation. – A person convicted of an impaired driving offense may apply for a limited driving privilege at the time the judgment is entered. Although the limited driving privilege may be issued at the time the judgment is issued, it may not be effective until the person successfully completes the period of nonoperation required under G.S. 20-179. A person whose license is revoked because of a conviction in another jurisdiction substantially equivalent to impaired driving under G.S. 20-138.1 may apply for a limited driving privilege only after having completed at least 60 days of a court-imposed term of nonoperation of a motor vehicle, if the court in the other jurisdiction imposed such a term of nonoperation."
–-TO MAKE IT A FELONY TO DRIVE WITHOUT A LICENSE AFTER A LICENSE HAS BEEN SUSPENDED OR REVOKED FOR AN IMPAIRED DRIVING OR CONTROLLED SUBSTANCE VIOLATION.
Sec. 34.  Effective January 1, 1991, and applying to offenses committed on or after that date, G.S. 20-28 is amended by adding a new subsection to read:
"( b1)	Notwithstanding any other provisions of this section, any person whose driver's license (including a commercial driver license) has been suspended or revoked, for a limited time or permanently, due to a conviction for an impaired driving or controlled substance violation, who shall drive any motor vehicle upon the highways or public vehicular areas of this State while such license is suspended or revoked shall be guilty of a Class J felony and shall be imprisoned for not less than 90 days and fined not less than two thousand dollars ($2,000).  A person sentenced under this subsection may neither receive a suspended sentence nor be placed on probation.  The actual time served pursuant to a sentence imposed under this subsection shall not be reduced for good time, gain time, or by early parole.  Upon receipt of a record of a violation of this subsection, the Division shall impose an additional disqualification period equal to the period for which the driver's license was suspended or revoked when this subsection was violated."
–-TO REQUIRE COLOR-CODED DRIVER'S LICENSES FOR AN IMPAIRED DRIVING OR CONTROLLED SUBSTANCE VIOLATION.
Sec. 35.  Effective January 1, 1991, G.S. 20-7 is amended by adding a new subsection to read:
"( n1)	Any person whose driver's license, commercial driver license, or other privilege to operate a motor vehicle in this State has been revoked or canceled pursuant to G.S. 20-13.2(b), G.S. 20-17(12), or G.S. 20-17.4(a1), shall be reissued only a driver's or commercial driver license of a distinctive color to be determined by the Commissioner, and such person may not be issued a driver's or commercial driver license of a different color for a period of four years from the date of the original reissuance."
–-TO PROVIDE ENHANCED MANDATORY MINIMUM SENTENCES FOR HABITUAL DRIVING WHILE IMPAIRED VIOLATORS.
Sec. 36.  Effective October 1, 1990, G.S. 20-179(c) reads as rewritten:
"(c)	Determining Existence of Grossly Aggravating Factors; Habitual Offender. – At the sentencing hearing, based upon the evidence presented at trial and in the hearing, the judge must first determine whether there are any grossly aggravating factors in the case. If the defendant has been convicted of two or more prior offenses involving impaired driving, such defendant shall be known as a ‘habitual offender,' and the judge must impose the Level One punishment under subsection (g1). The judge must also impose the Level One punishment if he determines that two or more of the following grossly aggravating factors apply:
(1) 	A single conviction for an offense involving impaired driving, if the conviction occurred within seven years before the date of the offense for which the defendant is being sentenced.
(2) 	Driving by the defendant at the time of the offense while his driver's license was revoked under G.S. 20-28, and the revocation was an impaired driving revocation under G.S. 20-28.2(a).
(3) 	Serious injury to another person caused by the defendant's impaired driving at the time of the offense.
If the judge determines that only one of the above grossly aggravating factors applies, he must impose the Level Two punishment under subsection (h). In imposing a Level One or Two punishment, the judge may consider the aggravating and mitigating factors in subsections (d) and (e) in determining the appropriate sentence. If there are no grossly aggravating factors in the case, the judge must weigh all aggravating and mitigating factors and impose punishment as required by subsection (f)."
Sec. 37.  Effective October 1, 1990, G.S. 20-179 is amended by adding a new subsection to read:
"( g1)	Level One Punishment; Habitual Offender. – A habitual offender subject to Level One Punishment shall be fined two thousand dollars ($2,000) and shall be sentenced to a term of imprisonment of two years.  Notwithstanding any other provision of law, the sentence so imposed shall not be suspended, the habitual offender shall not be placed on probation, and the actual time served pursuant to such sentence shall not be reduced for good time, gain time, or by early parole.  Sentences imposed upon a habitual offender shall run consecutively with and shall commence at the expiration of any sentence being served by the habitual offender sentenced hereunder."
–-TO PROVIDE FOR COMPREHENSIVE DRUG AND ALCOHOL ABUSE PREVENTION AND INTERVENTION PROGRAMS AT ALL INSTITUTIONS OF HIGHER EDUCATION IN NORTH CAROLINA.
Sec. 38.  Effective July 1, 1991, Chapter 116 of the General Statutes is amended by adding a new Article to read:
“ARTICLE 24A.
"Drug-Free Institutions of Higher Education.
"§ 116-211.1. Title of Article.
This Article shall be known and may be cited as the ‘North Carolina Drug-Free Institutions of Higher Education Act.'
"§ 116-211.2.  Definitions.
As used in this Article:
(1)	‘Appropriate Board' means either the Board of Governors or the State Board, whichever has the authority to license, charter, regulate, provide funds to, or govern any particular institution or group of institutions.
(2)	‘Board of Governors' means the Board of Governors of The University of North Carolina.
(3)	‘Institution' means:
a.	The constituent institutions of The University of North Carolina as set out in G.S 116-4;
b.	The nonpublic post-secondary educational institutions subject to licensure by the Board of Governors under G.S. 116-15;
c.	The private institutions contracting with the Board of Governors under G.S. 116-19 and G.S. 116-22 to provide scholarship funds for needy North Carolina students;
d.	The proprietary schools licensed and regulated by the State Board under Article 8, Chapter 115D of the General Statutes, except for such private high schools licensed and regulated thereunder;
e.	Community colleges as established pursuant to and regulated by the State Board under Article 1, Chapter 115D, and Article 3, Chapter 116 of the General Statutes; and
f.	Any other post-secondary education institution subject to licensure by, chartered or regulated by, or receiving State funds from, the State of North Carolina or any Board acting under authority of State law.
(4)	‘Policy' means the anti-drug and alcohol abuse policy required by G.S. 116-211.4(a).
(5)	‘State Board' means the State Board of Community Colleges.
"§ 116-211.3.  Authority.
The appropriate Board shall require that all institutions comply with the requirements of this Article pursuant to the appropriate Board's authority and power to license, charter, govern, or regulate, or as a precondition to providing funds to or contracting with such institutions.
"§ 116-211.4.  Adoption and review of anti-drug and alcohol abuse policies.
(a)	Each institution, through its policy-making governing body or administration, shall adopt an anti-drug and alcohol abuse policy applicable to all students, faculty members, administrators, and other employees.  Such policy shall include, at a minimum, standards addressing:
(1)	Education, including the legal, medical, and educational consequences and implications of drug and alcohol abuse;
(2)	Counseling and rehabilitation, including campus- and institution-based programs and services;
(3)	Enforcement, and penalties, including an undertaking to eliminate illegal drugs and alcohol abuse from institution campuses, and to take administrative action against students, faculty members, administrators, and other employees when their conduct is deemed to affect the interests of the institution; and
(4)	A plan for implementation of the policy through adoption of programs and procedures.
(b)	The programs to be adopted shall include, but not be limited to:
(1)	Training all institution faculty members, administrators, and other personnel, as well as counselors, and resident counselors, in drug and alcohol use, addiction, and prevention; and
(2)	A mandatory course of instruction for all incoming first-year students regarding drug and alcohol abuse and prevention, specifically including the effect of drugs and alcohol on the fetus.
(c)	Each institution shall submit, within six months of the effective date of this act, its policy to its appropriate Board for approval by such Board.
(d)	Upon approval of an institution's policy, such institution shall annually distribute a copy of the policy to students, faculty members, administrators, and other employees.  Additional copies of each institution's policy shall be available at the administrative office of each institution.
"§ 116-211.5.  Reporting requirements.
(a)	Each institution shall submit, every two years from the date of adoption of its policy, a report to its appropriate Board regarding campus activities related to drug and alcohol abuse during the preceding two-year period.
(b)	Such reports shall include, at a minimum, the following information for the prior reporting period:
(1)	A listing of the major drug and alcohol abuse educational activities conducted by the institution;
(2)	A report on any illegal drug-related incidents, including any sanctions imposed;
(3)	An assessment by the chief administrator of the institution as to the effectiveness of the program; and
(4)	Any proposed changes to the policy or its implementing programs and procedures."
–-TO PROVIDE THAT REGISTERS OF DEEDS SHALL DISTRIBUTE WITH MARRIAGE LICENSES INFORMATION ON HARM TO CHILD OF PRE-BIRTH EXPOSURE TO DRUG AND ALCOHOL ABUSE.
Sec. 39.  Effective January 1, 1991, G.S. 161-11.1 reads as rewritten:
"§ 161-11.1. Fees for Children's Trust Fund.
(a)	Five dollars ($5.00) of each fee collected by a register of deeds on or after October 1, 1983, for issuance of a marriage license pursuant to G.S. 161-10(a)(2) shall be forwarded, as soon as practical but no later than 60 days after collection by the register of deeds, to the county finance officer, who shall forward same to the State Treasurer for deposit in the Children's Trust Fund. 
(b)	The register of deeds shall distribute with each marriage license issued a pamphlet promoting the prevention of fetal alcohol syndrome, cocaine exposure, and other potential harm to the fetus from drug and alcohol abuse by the mother.  The pamphlet to be distributed shall be prepared and paid for by the Department of Environment, Health, and Natural Resources, which shall forward the requisite number of copies to the register of deeds of each county."
–-TO REQUIRE PARENTS OF CHILDREN SUBJECT TO NEGLECT OR ABUSE BECAUSE OF PARENT'S DRUG OR ALCOHOL ABUSE TO PARTICIPATE IN COURT-ORDERED TREATMENT OR FACE CRIMINAL CONTEMPT CHARGES.
Sec. 40.  Effective October 1, 1990, G.S. 7A-650(d) reads as rewritten:
"(d)	Failure of a parent who is personally served to participate in or comply with subsections (a) through (c) shall result in a criminal proceeding for contempt."
–-TO PROVIDE FOR EMERGENCY COMMITMENT OF PERSONS SUFFERING FROM SUBSTANCE ABUSE UNDER THE SAME PROCEDURES AVAILABLE FOR PERSONS WHO ARE MENTALLY ILL.
Sec. 41.  Effective October 1, 1990, G.S. 122C-282 reads as rewritten:
"§ 122C-282. Special emergency procedure for violent individuals.
(a)	When an individual subject to commitment under the provisions of this Part is also violent and requires restraint and when delay in taking him to a physician or eligible psychologist for examination would likely endanger life or property, a law-enforcement officer may take the person into custody and take him immediately before a magistrate or clerk. The law-enforcement officer shall execute the affidavit required by G.S. 122C-281 and in addition shall swear that the respondent is violent and requires restraint and that delay in taking the respondent to a physician or eligible psychologist for an examination would endanger life or property.
If the clerk or magistrate finds by clear, cogent, and convincing evidence that the facts stated in the affidavit are true, that the respondent is in fact violent and requires restraint, and that delay in taking the respondent to a physician or eligible psychologist for an examination would endanger life or property, he shall order the law-enforcement officer to take the respondent directly to a 24-hour facility described in G.S. 122C-252.
Respondents received at a 24-hour facility under the provisions of this section shall be examined and processed thereafter in the same way as all other respondents under this Part.
(b)	Anyone, including a law-enforcement officer, who has knowledge of an individual who is subject to commitment according to the criteria of G.S. 122C-281(a) and who requires immediate hospitalization to prevent harm to himself or others, may transport the individual directly to an area facility or other place, including a State facility for the mentally ill, for examination by a physician or eligible psychologist, in accordance with G.S. 122C-263(a).  If the individual meets the criteria required in G.S. 122C-281(a), the physician or eligible psychologist shall so certify in writing before any official authorized to administer oaths.  The certificate shall also state the reason that the individual requires immediate hospitalization.
If the physician or eligible psychologist executes the oath, appearance before a magistrate shall be waived.  The physician or eligible psychologist shall send a copy of the certificate to the clerk of superior court by the most reliable and expeditious means.  If it cannot be reasonably anticipated that the clerk will receive the copy within 24 hours (excluding Saturday, Sunday, and holidays) of the time that it was signed, the physician or eligible psychologist shall also communicate his findings to the clerk by telephone.
Anyone, including a law-enforcement officer if necessary, may transport the individual to a 24-hour facility described in G.S. 122C-252 for examination and treatment pending a district court hearing.  If there is no area 24-hour facility and if the respondent is indigent and unable to pay for his care at a private 24-hour facility, the law-enforcement officer or other designated person providing transportation shall take the respondent to a State facility for the mentally ill designated by the Commission in accordance with G.S. 143B-147(a)(1)a. and immediately notify the clerk of superior court of his actions.  The physician's or eligible psychologist's certificate shall serve as the custody order and the law-enforcement officer or other designated person shall provide transportation in accordance with the provisions of G.S. 122C-251.
Respondents received at a 24-hour facility under the provisions of this section shall be examined by a second physician in accordance with G.S. 122C-266.  After receipt of notification that the district court has determined reasonable grounds for the commitment, further proceedings shall be carried out in the same way as all other respondents under this Part."
Sec. 42.  Except as otherwise provided herein, this act is effective upon ratification.