A BILL TO BE ENTITLED
AN ACT to terminate as a matter of law certain parental rights of a person convicted of certain crimes that RESULT IN THE VICTIM BECOMING PREGNANT, to provide for open discovery in all felony cases, and to make certain other amendments to the laws regarding discovery in criminal cases.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑27.2 reads as rewritten:
"§ 14‑27.2.  First‑degree rape.
(a)	A person is guilty of rape in the first degree if the person engages in vaginal intercourse:
(1)	With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
(2)	With another person by force and against the will of the other person, and:
a.	Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
b.	Inflicts serious personal injury upon the victim or another person; or
c.	The person commits the offense aided and abetted by one or more other persons.
(b)	Any person who commits an offense defined in this section is guilty of a Class B1 felony.
(c)	Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes. Notwithstanding this subsection, any person who is convicted under this section and comes within the provisions of G.S. 48‑3‑601(2)a. or G.S. 48‑3‑601(2)b.1. shall be entitled to petition for adoption of the child under Chapter 48 of the General Statutes."
SECTION 2.  G.S. 14‑27.3 reads as rewritten:
"§ 14‑27.3.  Second‑degree rape.
(a)	A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person:
(1)	By force and against the will of the other person; or
(2)	Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b)	Any person who commits the offense defined in this section is guilty of a Class C felony.
(c)	Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child conceived during the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes. Notwithstanding this subsection, any person who is convicted under this section and comes within the provisions of G.S. 48‑3‑601(2)a. or G.S. 48‑3‑601(2)b.1. shall be entitled to petition for adoption of the child under Chapter 48 of the General Statutes."
SECTION 3.  G.S. 14‑27.7A reads as rewritten:
"§ 14‑27.7A.  Statutory rape or sexual offense of person who is 13, 14, or 15 years old.
(a)	A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person, except when the defendant is lawfully married to the person.
(b)	A defendant is guilty of a Class C felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person.
(c)	Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child conceived during the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes. Notwithstanding this subsection, any person who is convicted under this section and comes within the provisions of G.S. 48‑3‑601(2)a. or G.S. 48‑3‑601(2)b.1. or is the biological father of the child, shall be entitled to petition for adoption of the child under Chapter 48 of the General Statutes."
SECTION 4.  G.S. 48‑3‑603(a) reads as rewritten:
"(a)	Consent to an adoption of a minor is not required of a person or entity whose consent is not required under G.S. 48‑3‑601, or:
(1)	An individual whose parental rights and duties have been terminated under Article 11 of Chapter 7B of the General Statutes or by a court of competent jurisdiction in another state;
(2)	A man described in G.S. 48‑3‑601(2), other than an adoptive father, if (i) the man has been judicially determined not to be the father of the minor to be adopted, or (ii) another man has been judicially determined to be the father of the minor to be adopted;
(3)	Repealed by Session Laws 1997‑215, s. 11(a).
(4)	An individual who has relinquished parental rights or guardianship powers, including the right to consent to adoption, to an agency pursuant to Part 7 of this Article;
(5)	A man who is not married to the minor's birth mother and who, after the conception of the minor, has executed a notarized statement denying paternity or disclaiming any interest in the minor;
(6)	A deceased parent or the personal representative of a deceased parent's estate; or
(7)	An individual listed in G.S. 48‑3‑601 who has not executed a consent or a relinquishment and who fails to respond to a notice of the adoption proceeding within 30 days after the service of the notice.
(8)	An individual notified under G.S. 48‑2‑206 who does not respond in a timely manner or whose consent is not required as determined by the court.
(9)	An individual whose actions resulted in a conviction under G.S. 14‑27.2, 14‑27.3, or 14‑27.7A and the conception of the minor to be adopted."
SECTION 5.  G.S. 50‑13.1(a) reads as rewritten:
"(a)	Any parent, relative, or other person, agency, organization or institution claiming the right to custody of a minor child may institute an action or proceeding for the custody of such child, as hereinafter provided. Any person whose actions resulted in a conviction under G.S. 14‑27.2, 14‑27.3, or 14‑27.7A and the conception of the minor child may not claim the right to custody of that minor child. Unless a contrary intent is clear, the word "custody" shall be deemed to include custody or visitation or both."SECTION 6.  G.S. 7B‑402 reads as rewritten:
"§ 7B‑402.  Petition.
The petition shall contain the name, date of birth, address of the juvenile, the name and last known address of the juvenile's parent, guardian, or custodian and shall allege the facts which invoke jurisdiction over the juvenile. A person whose actions resulted in a conviction under G.S. 14‑27.2, 14‑27.3, 14‑27.7, or 14‑27.7A and the conception of the juvenile need not be named in the petition. The petition may contain information on more than one juvenile when the juveniles are from the same home and are before the court for the same reason.
Sufficient copies of the petition shall be prepared so that copies will be available for each parent if living separate and apart, the guardian, custodian, or caretaker, the guardian ad litem, the social worker, and any person determined by the court to be a necessary party."
SECTION 7.  G.S. 7B‑406(a) reads as rewritten:
"(a)	Immediately after a petition has been filed alleging that a juvenile is abused, neglected, or dependent, the clerk shall issue a summons to the parent, guardian, custodian, or caretaker requiring them to appear for a hearing at the time and place stated in the summons. No summons is required for any person whose actions resulted in a conviction under G.S. 14‑27.2, 14‑27.3, or 14‑27.7A and the conception of the juvenile. A copy of the petition shall be attached to each summons. Service of the summons shall be completed as provided in G.S. 7B‑407, but the parent of the juvenile shall not be deemed to be under a disability even though the parent is a minor."
SECTION 8.  G.S. 7B‑1103 is amended by adding a new subsection to read:
"(c)	No person whose actions resulted in a conviction under G.S. 14‑27.2, 14‑27.3, or 14‑27.7A and the conception of the juvenile may file a petition to terminate the parental rights of another with respect to that juvenile."
SECTION 9.  G.S. 7B‑1104 reads as rewritten:
"§ 7B‑1104.  Petition or motion.
The petition, or motion pursuant to G.S. 7B‑1102, shall be verified by the petitioner or movant and shall be entitled "In Re (last name of juvenile), a minor juvenile"; and shall set forth such of the following facts as are known; and with respect to the facts which are unknown the petitioner or movant shall so state:
(1)	The name of the juvenile as it appears on the juvenile's birth certificate, the date and place of birth, and the county where the juvenile is presently residing.
(2)	The name and address of the petitioner or movant and facts sufficient to identify the petitioner or movant as one authorized by G.S. 7B‑1103 to file a petition or motion.
(3)	The name and address of the parents of the juvenile. If the name or address of one or both parents is unknown to the petitioner or movant, the petitioner or movant shall set forth with particularity the petitioner's or movant's efforts to ascertain the identity or whereabouts of the parent or parents. The information may be contained in an affidavit attached to the petition or motion and incorporated therein by reference. A person whose actions resulted in a conviction under G.S. 14‑27.2, 14‑27.3, or 14‑27.7A and the conception of the juvenile need not be named in the petition. 
(4)	The name and address of any person who has been judicially appointed as guardian of the person of the juvenile.
(5)	The name and address of any person or agency to whom custody of the juvenile has been given by a court of this or any other state; and a copy of the custody order shall be attached to the petition or motion.
(6)	Facts that are sufficient to warrant a determination that one or more of the grounds for terminating parental rights exist.
(7)	That the petition or motion has not been filed to circumvent the provisions of Article 2 of Chapter 50A of the General Statutes, the Uniform Child‑Custody Jurisdiction and Enforcement Act."
SECTION 10.  G.S. 14‑226 reads as rewritten:
"§ 14‑226.  Intimidating or interfering with witnesses.
(a)	If any person shall by threats, menaces or in any other manner intimidate or attempt to intimidate any person who is summoned or acting as a witness in any of the courts of this State, or prevent or deter, or attempt to prevent or deter any person summoned or acting as such witness from attendance upon such court, he shall be guilty of a Class H felony.
(b)	A defendant in a criminal proceeding who threatens a witness in the defendant's case with the assertion or denial of parental rights shall be a violation of this section."
SECTION 11.  G.S. 15A‑902 reads as rewritten:
"§ 15A‑902.  Discovery procedure.
(a)	A party seeking discovery under this Article must, before filing any motion before a judge, request in writing that the other party comply voluntarily with the discovery request. A written request is not required if the parties agree in writing to voluntarily comply with the provisions of Article 48 of Chapter 15A of the General Statutes. Upon receiving a negative or unsatisfactory response, or upon the passage of seven days following the receipt of the request without response, the party requesting discovery may file a motion for discovery under the provisions of this Article concerning any matter as to which voluntary discovery was not made pursuant to request.
(b)	To the extent that discovery authorized in this Article is voluntarily made in response to a request or written agreement, the discovery is deemed to have been made under an order of the court for the purposes of this Article.
(c)	A motion for discovery under this Article must be heard before a superior court judge.
(d)	If a defendant is represented by counsel, the defendant may as a matter of right request voluntary discovery from the State under subsection (a) of this section not later than the tenth working day after either the probable‑cause hearing or the date the defendant waives the hearing. If a defendant is not represented by counsel, or is indicted or consents to the filing of a bill of information before the defendant has been afforded or waived a probable‑cause hearing, the defendant may as a matter of right request voluntary discovery from the State under subsection (a) of this section not later than the tenth working day after the later of:
(1)	The defendant's consent to be tried upon a bill of information, or the service of notice upon the defendant that a true bill of indictment has been found by the grand jury, or
(2)	The appointment of counsel.
For the purposes of this subsection a defendant is represented by counsel only if counsel was retained by or appointed for the defendant prior to or during a probable‑cause hearing or prior to execution by the defendant of a waiver of a probable‑cause hearing.
(e)	The State may as a matter of right request voluntary discovery from the defendant, when authorized under this Article, at any time not later than the tenth working day after disclosure by the State with respect to the category of discovery in question.
(f)	A motion for discovery made at any time prior to trial may be entertained if the parties so stipulate or if the judge for good cause shown determines that the motion should be allowed in whole or in part."
SECTION 12.  G.S. 15A‑903 reads as rewritten:
"§ 15A‑903.  Disclosure of evidence by the State – Information subject to disclosure.
																		
(a)	Upon motion of the defendant, the court must order the State to:
(1)	Make available to the defendant the complete files of all law enforcement and prosecutorial agencies involved in the investigation of the crimes committed or the prosecution of the defendant. The term "file" includes the defendant's statements, the codefendants' statements, witness statements, investigating officers' notes, results of tests and examinations, or any other matter or evidence obtained during the investigation of the offenses alleged to have been committed by the defendant. Oral statements shall be in written or recorded form. The defendant shall have the right to inspect and copy or photograph any materials contained therein and, under appropriate safeguards, to inspect, examine, and test any physical evidence or sample contained therein.
(2)	Give notice to the defendant of any expert witnesses that the State reasonably expects to call as a witness at trial. Each such witness shall prepare, and the State shall furnish to the defendant, a report of the results of any examinations or tests conducted by the expert. The State shall also furnish to the defendant the expert's curriculum vitae, the expert's opinion, and the underlying basis for that opinion. The State shall give the notice and furnish the materials required by this subsection within a reasonable time prior to trial, as specified by the court.
(3)	Give the defendant, at the beginning of jury selection, a written list of the names of all other witnesses whom the State reasonably expects to call during the trial. Names of witnesses shall not be subject to disclosure if the State certifies in writing and under seal to the court that to do so may subject the witnesses or others to physical or substantial economic harm or coercion, or that there is other particularized, compelling need not to disclose. If there are witnesses that the State did not reasonably expect to call at the time of the provision of the witness list, and as a result are not listed, the court upon a good faith showing shall allow the witnesses to be called. Additionally, in the interest of justice, the court may in its discretion permit any undisclosed witness to testify.
(b)	If the State voluntarily provides disclosure under G.S. 15A‑902(a), the disclosure shall be to the same extent as required by subsection (a) of this section."
SECTION 13.  G.S. 15A‑904 reads as rewritten:
"§ 15A‑904.  Disclosure  by the State – Certain information not subject to disclosure.
(a)	 The State is not required to disclose written materials drafted by the prosecuting attorney or the prosecuting attorney's legal staff for their own use at trial, including witness examinations, voir dire questions, opening statements, and closing arguments. Disclosure is also not required of legal research or of records, correspondence, reports, memoranda, or trial preparation interview notes prepared by the prosecuting attorney or by members of the prosecuting attorney's legal staff to the extent they contain the opinions, theories, strategies, or conclusions of the prosecuting attorney or the prosecuting attorney's legal staff.
(b)	Nothing in this section prohibits the State from making voluntary disclosures in the interest of justice nor prohibits a court from finding that the protections of this section have been waived.
(c)	This section shall have no effect on the State's duty to comply with federal or State constitutional disclosure requirements."
SECTION 14.  G.S. 15A‑905 reads as rewritten:
"§ 15A‑905.  Disclosure of evidence by the defendant – Information subject to disclosure.
(a)	Documents and Tangible Objects. – If the court grants any relief sought by the defendant under G.S.  15A‑903, the court must, upon motion of the State, order the defendant to permit the State to inspect and copy or photograph books, papers, documents, photographs, motion pictures, mechanical or electronic recordings, tangible objects, or copies or portions thereof which are within the possession, custody, or control of the defendant and which the defendant intends to introduce in evidence at the trial.
(b)	Reports of Examinations and Tests. – If the court grants any relief sought by the defendant under G.S.  15A‑903, the court must, upon motion of the State, order the defendant to permit the State to inspect and copy or photograph results or reports of physical or mental examinations or of tests, measurements or experiments made in connection with the case, or copies thereof, within the possession and control of the defendant which the defendant intends to introduce in evidence at the trial or which were prepared by a witness whom the defendant intends to call at the trial, when the results or reports relate to his testimony. In addition, upon motion of the State, the court must order the defendant to permit the State to inspect, examine, and test, subject to appropriate safeguards, any physical evidence or a sample of it available to the defendant if the defendant intends to offer such evidence, or tests or experiments made in connection with such evidence, as an exhibit or evidence in the case.
(c)	Notice of Defenses, Expert Witnesses, and Witness Lists. – If the court grants any relief sought by the defendant under G.S. 15A‑903, or if disclosure is voluntarily made by the State pursuant to G.S. 15A‑902(a), the court must, upon motion of the State, order the defendant to:
(1)	Give notice to the State of the intent to offer at trial a defense of alibi, duress, entrapment, insanity, mental infirmity, diminished capacity, self‑defense, accident, automatism, involuntary intoxication, or voluntary intoxication. Notice of defense as described in this subdivision is inadmissible against the defendant. Notice of defense must be given no later than 20 working days before the date the case is set for trial pursuant to G.S. 7A‑49.4, or such other later time as set by the court.
a.	As to the defense of alibi, the court may order, upon motion by the State, the disclosure of the identity of alibi witnesses no later than two weeks before trial. If disclosure is ordered, upon a showing of good cause, the court shall order the State to disclose any rebuttal alibi witnesses no later than one week before trial. If the parties agree, the court may specify different time periods for this exchange so long the exchange occurs within a reasonable time prior to trial.
b.	As to only the defenses of duress, entrapment, insanity, automatism, or involuntary intoxication, notice by the defendant shall contain specific information as to the nature and extent of the defense. 
(2)	Give notice to the State of any expert witnesses that the defendant reasonably expects to call as a witness at trial. Each such witness shall prepare, and the defendant shall furnish to the State, a report of the results of the examinations or tests conducted by the expert. The defendant shall also furnish to the State the expert's curriculum vitae, the expert's opinion, and the underlying basis for that opinion. The defendant shall give the notice and furnish the materials required by this subdivision within a reasonable time prior to trial, as specified by the court.
(3)	Give the State, at the beginning of jury selection, a written list of the names of all other witnesses whom the defendant reasonably expects to call during the trial. Names of witnesses shall not be subject to disclosure if the defendant certifies in writing and under seal to the court that to do so may subject the witnesses or others to physical or substantial economic harm or coercion, or that there is other particularized, compelling need not to disclose. If there are witnesses that the defendant did not reasonably expect to call at the time of the provision of the witness list, and as a result are not listed, the court upon a good faith showing shall allow the witnesses to be called. Additionally, in the interest of justice, the court may in its discretion permit any undisclosed witness to testify.
(d)	If the defendant voluntarily provides discovery under G.S. 15A‑902(a), the disclosure shall be to the same extent as required by subsection (c) of this section."
SECTION 15.  G.S. 15A‑907 reads as rewritten:
"§ 15A‑907.  Continuing duty to disclose.
If a party, who is required to give or who voluntarily gives discovery pursuant to this Article, discovers prior to or during trial additional evidence or witnesses, or decides to use additional evidence or witnesses, and the evidence or witness is or may be subject to discovery or inspection under this Article, the party must promptly notify the attorney for the other party of the existence of the additional evidence or witnesses."
SECTION 16.  G.S. 15A‑908(a) reads as rewritten:
"(a)	Upon written motion of a party and a finding of good cause, which may include, but is not limited to a finding that there is a substantial risk to any person or physical harm, intimidation, bribery, economic reprisals, or unnecessary annoyance or embarrassment, the court may at any time order that discovery or inspection be denied, restricted, or deferred, or may make other appropriate orders. A party may apply ex parte for a protective order and, if an ex parte order is granted, the opposing party shall receive notice that the order was entered, but without disclosure of the subject matter of the order."
SECTION 17.  G.S. 15A‑910 reads as rewritten:
"§ 15A‑910.  Regulation of discovery – Failure to comply.
(a)	If at any time during the course of the proceedings the court determines that a party has failed to comply with this Article or with an order issued pursuant to this Article, the court in addition to exercising its contempt powers may
(1)	Order the party to permit the discovery or inspection, or
(2)	Grant a continuance or recess, or
(3)	Prohibit the party from introducing evidence not disclosed, or
(3a)	Declare a mistrial, or
(3b)	Dismiss the charge, with or without prejudice, or
(4)	Enter other appropriate orders.
(b)	Prior to finding any sanctions appropriate, the court shall consider both the materiality of the subject matter and the totality of the circumstances surrounding an alleged failure to comply with this Article or an order issued pursuant to this Article."
SECTION 18.  G.S. 15A‑959 reads as rewritten:
"§ 15A‑959.  Notice of defense of insanity; pretrial determination of insanity.
(a)	If a defendant intends to raise the defense of insanity, the defendant must  file a notice of the defendant's intention to rely on the defense of insanity as provided in G.S. 15A‑905(c) and, if the case is not subject to that section, within a reasonable time prior to trial. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make other appropriate orders.
(b)	In cases not subject to the requirements of G.S. 15A‑905(c), if a defendant intends to introduce expert testimony relating to a mental disease, defect, or other condition bearing upon the issue of whether the defendant had the mental state required for the offense charged, the defendant must within a reasonable time prior to trial file a notice of that intention. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make other appropriate orders.
(c)	Upon motion of the defendant and with the consent of the State the court may conduct a hearing prior to the trial with regard to the defense of insanity at the time of the offense. If the court determines that the defendant has a valid defense of insanity with regard to any criminal charge, it may dismiss that charge, with prejudice, upon making a finding to that effect. The court's denial of relief under this subsection is without prejudice to the defendant's right to rely on the defense at trial. If the motion is denied, no reference to the hearing may be made at the trial, and recorded testimony or evidence taken at the hearing is not admissible as evidence at the trial."
SECTION 19.  G.S. 15A‑501 is amended by adding a new subdivision to read:
"§ 15A‑501.  Police processing and duties upon arrest generally.
Upon the arrest of a person, with or without a warrant, but not necessarily in the order hereinafter listed, a law‑enforcement officer:
…
(6)	Must make available to the State on a timely basis all materials and information acquired in the course of all felony investigations. This responsibility is a continuing affirmative duty."
SECTION 20.  Sections 1 through 10 of this act become effective December 1, 2004, and apply to offenses committed on or after that date.  Sections 11 through 20 of this act become effective October 1, 2004, and apply to cases set for trial pursuant to G.S. 7A‑49.4 on or after that date.