GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	1 

HOUSE BILL 145

Short Title:  Charge Minor/Tell Parent.	(Public)
─────────────────────────────────────── 
Sponsors: Representatives Jarrell; Bowie, Jeffus, Gist, and Burton.
─────────────────────────────────────── 
Referred to:  Judiciary III.
─────────────────────────────────────── 

February 14, 1994

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THAT THE PARENT, GUARDIAN, OR NEXT OF KIN OF A MINOR WHO IS CHARGED BY A LAW ENFORCEMENT OFFICER SHALL BE NOTIFIED IMMEDIATELY OF THE CHARGE BY THE LAW ENFORCEMENT OFFICER MAKING THE CHARGE AND TO AMEND THE LAW REGARDING THE CONCEALMENT OF MERCHANDISE IN MERCANTILE ESTABLISHMENTS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-505 reads as rewritten:
"§ 15A-505. Notification of minor's parent.
(a)	A law-enforcement officer who charges a minor with a criminal offense shall notify the minor's parent or guardian of the charge, as soon as practicable, in person or by telephone.  If the minor is taken into custody, the law enforcement officer or the officer's immediate superior shall notify a parent or guardian in writing that the minor is in custody within 24 hours of the minor's arrest.  If the parent or guardian of the minor cannot be found, then the officer or the officer's immediate superior shall notify the minor's next of kin of the minor's arrest as soon as practicable.
(b)	The notification provided for by subsection (a) of this section shall not be required if:
(1)	The minor is emancipated;
(2)	The minor has been charged with a motor vehicle moving violation for which three or fewer points are assessed under  G.S. 20-16(c), except an offense involving impaired driving,  as defined in G.S. 20-4.01(24a); or
(3)	The minor has been charged with a motor vehicle offense that is not a moving violation.
(c)	Any law enforcement officer who fails to make diligent efforts to notify a minor's parent, guardian, or next of kin as provided by this section shall be subject to disciplinary action."
Sec. 2.  G.S. 14-72.1(c) reads as rewritten:
"(c)	A merchant, or the merchant's agent or employee, or a peace officer who detains or causes the arrest of any person shall not be held civilly liable for detention, malicious prosecution, false imprisonment, or false arrest of the person detained or arrested, where such detention is in a reasonable manner for a reasonable length of time, if in detaining or in causing the arrest of such person, the merchant, or the merchant's agent or employee, or the peace officer had at the time of the detention or arrest probable cause to believe that the person committed the offense created by this section. If the person being detained by the merchant, or the merchant's agent or employee, is a minor, the merchant or the merchant's agent or employee, shall call or notify, or make a reasonable effort to call or notify the parent or guardian of the minor, during the period of detention.  A merchant, or the merchant's agent or employee, shall not be held civilly liable for failing to notify the parent or guardian of the minor."
Sec. 3.  This act becomes effective January 1, 1995, and applies to offenses occurring on or after that date.