GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	3 

HOUSE BILL 32*
Committee Substitute Favorable 2/16/94
Third Edition Engrossed 2/18/94

Short Title:  Commitment Info. to List Victim.	(Public)
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February 8, 1994

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THE CLERK OF SUPERIOR COURT TO INCLUDE THE NAMES OF ANY VICTIMS IN THE INFORMATION ATTACHED TO A PRISONER'S COMMITMENT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 148-59 reads as rewritten:
"§ 148-59.  Duties of clerks of superior courts as to commitments; statements filed with Department of Correction.
The several clerks of the superior courts shall attach to the commitment of each prisoner sentenced in such courts a statement furnishing such information as the Parole Commission shall by regulations prescribe, which information shall contain, among other things, the following:
(1)	The court in which the prisoner was tried.
(2)	The name of the prisoner and of all codefendants.
(3)	The date or session when the prisoner was tried.
(4)	The offense with which the prisoner was charged and the offense for which convicted.
(5)	The judgment of the court and the date of the beginning of the sentence.
(6)	The name and address of the presiding judge.
(7)	The name and address of the prosecuting solicitor.
(8)	The name and address of private prosecuting attorney, if any.
(9)	The name and address of the arresting officer.
(10)	All available information of the previous criminal record of the prisoner. 
(11)	For all Class G or more serious felonies, the names and addresses of the following persons, where the presiding judge makes a finding of such facts:
a.	Any victims of the offense for which the prisoner was convicted.
b.	The parent or legal guardian of any minor victims of the offense for which the prisoner was convicted.
c.	Family members of any homicide victims of the offense for which the prisoner was convicted.
The prison authorities receiving the prisoner for the beginning of the service of sentence shall detach from the commitment the statement furnishing such information and forward it to the Department of Correction, together with any additional information in the possession of such prison authorities relating to the previous criminal record of such prisoner, and the information thus furnished shall constitute the foundation and file of the prisoner's case.  Forms for furnishing the information required by this section shall, upon request, be furnished to the said clerks by the State Department of Correction without charge."
Sec. 2.  G.S. 148-59, as amended by Section 50 of Chapter 538 of the 1993 Session Laws, reads as rewritten:
"§ 148-59.  (Effective January 1, 1995) Duties of clerks of superior courts as to commitments; statements filed with Department of Correction.
The several clerks of the superior courts shall attach to the commitment of each prisoner sentenced in such courts a statement furnishing such information as the Post-Release Supervision and Parole Commission shall by regulations prescribe, which information shall contain, among other things, the following:
(1)	The court in which the prisoner was tried.
(2)	The name of the prisoner and of all codefendants.
(3)	The date or session when the prisoner was tried.
(4)	The offense with which the prisoner was charged and the offense for which convicted.
(5)	The judgment of the court and the date of the beginning of the sentence.
(6)	The name and address of the presiding judge.
(7)	The name and address of the prosecuting solicitor.
(8)	The name and address of private prosecuting attorney, if any.
(9)	The name and address of the arresting officer.
(10)	All available information of the previous criminal record of the prisoner.
(11)	For all Class G or more serious felonies, the names and addresses of the following persons, where the presiding judge makes a finding of such facts:
a.	Any victims of the offense for which the prisoner was convicted.
b.	The parent or legal guardian of any minor victims of the offense for which the prisoner was convicted.
c.	Family members of any homicide victims of the offense for which the prisoner was convicted.
The prison authorities receiving the prisoner for the beginning of the service of sentence shall detach from the commitment the statement furnishing such information and forward it to the Department of Correction, together with any additional information in the possession of such prison authorities relating to the previous criminal record of such prisoner, and the information thus furnished shall constitute the foundation and file of the prisoner's case.  Forms for furnishing the information required by this section shall, upon request, be furnished to the said clerks by the State Department of Correction without charge."
Sec. 3.  This act is effective May 1, 1994,  except that Section 2 of this act becomes effective at the same time that Chapter 538 of the 1993 Session Laws becomes effective.