GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	3 

HOUSE BILL 111
Committee Substitute Favorable 4/24/95
Third Edition Engrossed 5/1/95

Short Title:  Open Records and Publish Identity of Juv.    	(Public)

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Sponsors:

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Referred to:

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February 6, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR THE INDEXING OF CERTAIN OFFENSES COMMITTED BY JUVENILES, TO PUBLISH THE IDENTITY OF CERTAIN JUVENILES WHO HAVE COMMITTED A-E FELONIES, TO MAINTAIN RECORDS OF CERTAIN JUVENILES, AND TO REQUIRE NOTIFICATION OF SCHOOL OFFICIALS IN CERTAIN CASES WHEN THE JUVENILE IS ADJUDICATED DELINQUENT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-675 reads as rewritten:
"§ 7A-675.  Confidentiality of records.
(a)	The clerk of superior court shall maintain a complete record of all juvenile cases filed in the clerk's office to be known as the juvenile record, which shall be withheld from public inspection and may be examined only by order of the judge.  The record shall include the summons, petition, custody order, court order, written motions, the electronic or mechanical recording of the hearing, and other papers filed in the proceeding.  The recording of the hearing shall be reduced to a written transcript only when notice of appeal has been timely given.  After the time for appeal has expired with no appeal having been filed, the recording of the hearing may be erased or destroyed upon the written order of the judge.
The following persons may examine the juvenile's record without an order of the judge:
(1)	The juvenile, the juvenile's parent, guardian, or custodian, or another authorized representative of the juvenile.
(2)	The prosecutor in a subsequent criminal proceeding against the juvenile.
The juvenile's record of an adjudication of delinquency for an offense that would be a Class A, B, C, D, or E felony if committed by an adult may be used in a subsequent criminal proceeding against the juvenile either under G.S. 8C-1, Rule 404(b), or to prove an aggravating factor at sentencing under G.S. 15A-1340.4(a), G.S. 15A-1340.16(d), or G.S. 15A-2000(e). The record may be so used only by order of the judge in the subsequent criminal proceeding, upon motion of the prosecutor, after an in camera hearing to determine whether the record in question is admissible.
(a1)	Notwithstanding the provisions of subsection (a) of this section, an adjudication of delinquency shall be indexed by the clerk of superior court in the regular public index to criminal dispositions maintained pursuant to G.S. 7A-109. This subsection shall apply only to an adjudication of delinquency for an offense that, if committed by an adult, would be one of the following:
(1)	Murder under G.S. 14-17;
(2)	A sex offense under Article 7A of Chapter 14;
(3)	Kidnapping under G.S. 14-39;
(4)	Robbery with firearm or other dangerous weapon under G.S. 14-87;
(5)	Assault with a deadly weapon with intent to kill inflicting serious injury under G.S. 14-32(a);
(6)	Assault with a deadly weapon with intent to kill under G.S. 14-32(c).
Upon motion of the juvenile or the district attorney, the judge may order the clerk not to index the juvenile's adjudication of delinquency if the interest of justice requires that the juvenile's adjudication be protected from public inspection.
(b)	The Chief Court Counselor shall maintain a record of the cases of juveniles under supervision by court counselors which shall include family background information; reports of social, medical, psychiatric, or psychological information concerning a juvenile or his family; a record of the probation reports of a juvenile; interviews with the juvenile's family; or other information which the judge finds should be protected from public inspection in the best interest of the juvenile.
(c)	The Director of the Department of Social Services shall maintain a record of the cases of juveniles under protective custody by the Department or under placement by the court.  This file shall include material similar in nature to that described in subsection (b) of this section.
(d)	The records maintained pursuant to subsections (b) and (c) of this section may be examined only by order of the judge except that the juvenile shall have the right to examine them.
(e)	Law-enforcement records and files concerning a juvenile shall be kept separate from the records and files of adults except in proceedings when jurisdiction of a juvenile is transferred to superior court.  Law-enforcement records and files concerning juveniles shall be open only to the inspection of the prosecutor, court counselors, the juvenile, and the juvenile's parent, guardian, and custodian.
(f)	All records and files maintained by the Division of Youth Services shall be withheld from public inspection and shall be open only to the inspection of the juvenile, professionals in that agency who are directly involved in the juvenile's case, and court counselors.  The judge authorizing commitment of a juvenile shall have the right to inspect and order the release of records maintained by the Division of Youth Services on that juvenile.
(g)	Disclosure of information concerning any juvenile under investigation or alleged to be within the jurisdiction of the court that would reveal the identity of that juvenile is prohibited except that:
(1)	Publication of names and pictures of runaways is permitted with the permission of the parents.
(2)	Upon a determination by the district attorney for the jurisdiction that publication of the name and picture of the juvenile under investigation of an offense that would be a Class A, B, C, D, or E felony if committed by an adult is necessary to further the investigation, the juvenile's name and picture may be published to appropriate law enforcement agencies.
(3)	Upon a determination by the chief district court judge or a juvenile court judge for the jurisdiction that publication of the name and picture of the juvenile under investigation of an offense that would be a Class A, B, C, D, or E felony if committed by an adult is necessary to lead to the apprehension of a juvenile, the juvenile's name and picture may be published.
(h)	Nothing in this section shall preclude the necessary sharing of information among authorized agencies.
(i)	In the case of a child victim, a judge may order the sharing of information among the public agencies the judge deems necessary to reduce the trauma to the child victim."
Sec. 2.  G.S. 7A-596 reads as rewritten:
"§ 7A-596.  Authority to issue nontestimonial identification order where juvenile alleged to be and to conduct certain procedures without an order.
(a)	Nontestimonial identification procedures shall not be conducted on any juvenile without a court order issued pursuant to this Article unless the juvenile has been transferred to superior court for trial as an adult in which case procedures applicable to adults as set out in Articles 14 and 23 of Chapter 15A shall apply.  A nontestimonial identification order authorized by this Article may be issued by any judge of the district court or of the superior court upon request of a prosecutor. As used in this Article, 'nontestimonial identification' means identification by fingerprints, palm prints, footprints, measurements, blood specimens, urine specimens, saliva samples, hair samples, or other reasonable physical examination, handwriting exemplars, voice samples, photographs, and lineups or similar identification procedures requiring the presence of a juvenile.
(b)	Notwithstanding the provisions of subsection (a) of this section, a juvenile who is taken into custody for an offense that would be a Class A, B, C, D, or E felony may be photographed and the juvenile's fingerprints may be taken."
Sec. 3.  G.S. 7A-601(3) reads as rewritten:
"(3)	If a juvenile is found to have committed a delinquent act that would be a felony if committed by an adult, all records resulting from nontestimonial identification procedures may be retained in the court file. Special precautions shall be taken to ensure that these records will be maintained in such a manner and under such safeguards as to limit their use to inspection for comparison purposes by law-enforcement officers only in the investigation of a crime, except that the name and picture of a juvenile resulting from a nontestimonial identification procedure may be published as provided in G.S. 7A-675(g)."
Sec. 4. G.S. 7A-649(8) reads as rewritten:
"(8)	Place the juvenile on probation under the supervision of a court counselor.  In any case where a juvenile is placed on probation, the court counselor shall have the authority to visit the juvenile where the juvenile resides.  The judge shall specify conditions of probation that are related to the needs of the juvenile including any of the following:
a.	That the juvenile shall remain on good behavior and not violate any laws.
b.	That the juvenile attend school regularly.  If the adjudication of delinquency was for an offense involving a threat to the safety of the juvenile or others and school attendance is a condition of probation, the judge shall order that the principal of the juvenile's school be notified. The juvenile court counselor shall within five days of the judge's order or before the juvenile begins to attend school, whichever occurs first, notify the principal of the juvenile's school in writing of the nature of the offense and the probation requirements related to school attendance.  A principal notified by a juvenile court counselor shall handle the report according to the guidelines and rules adopted by the State Board of Education.
b1.	That the juvenile maintain passing grades in up to four courses during each grading period and meet with the court counselor and a representative of the school to make a plan for how to maintain those passing grades.
c.	That the juvenile not associate with specified persons or be in specified places.
d.	That the juvenile report to a court counselor as often as required by a court counselor.
e.	That the juvenile make specified financial restitution or pay a fine in accordance with subdivisions (2) and (3).
f.	That the juvenile be employed regularly if not attending school.
	An order of probation shall remain in force for a period not to exceed one year from the date entered.  Prior to expiration of an order of probation, the judge may extend it for an additional period of one year after a hearing if the judge finds that the extension is necessary to protect the community or to safeguard the welfare of the juvenile;"
Sec. 5. Section 3 of Chapter 369 of the 1993 Session Laws reads as rewritten:
"Sec. 3. This act becomes effective October 1, 1993, and applies to delinquent acts committed on or after that date. "
Sec. 6.  This act becomes effective October 1, 1995, and applies to delinquent acts committed on or after that date.