A BILL TO BE ENTITLED
AN ACT to provide that a victim of a sexually violent offense or the victim's family may obtain a civil no‑contact order against a registered offender who resides or works at a place of employment within a quarter mile of the victim and to provide that a registered offender shall not reside within one-quarter of a mile of an elementary school or a child care facility. 
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 50C‑1 is amended by adding the following new subdivisions to read:
"(3a)	Registered offender means a person who is required to register under Article 27A of Chapter 14 of the General Statutes. 
(4b)	Sexually violent offense is as defined in G.S. 14‑208.6."
SECTION 2.  G.S. 50C‑2(a) reads as rewritten:
"(a)	An action is commenced under this Chapter by filing a verified complaint for a civil no‑contact order in district court or by filing a motion in any existing civil action, by any of the following:
(1)	A person who is a victim of unlawful conduct that occurs in this State or who is a victim of a sexually violent offense.
(2)	A competent adult who resides in this State on behalf of a minor child or an incompetent adult who is a victim of unlawful conduct that occurs in this State or who is a victim of a sexually violent offense."
SECTION 3.  Chapter 50C-5 is amended by adding a new section to read:
"§ 50C‑5.1.  Civil no‑contact order for victim of sexually violent offense against registered offender; remedy.
(a)	The court may also issue temporary or permanent civil no‑contact orders as authorized in this Chapter if it makes the following findings:
(1)	The victim is the victim of a sexually violent offense.
(2)	The respondent is a registered offender.
(3)	The respondent resides or works at a place of employment located within a quarter of a mile of the victim.
(b)	The court may grant one or more of the following forms of relief in its orders under this section:
(1)	Order the respondent to refrain from entering or remaining present at the victim's residence, school, place of employment, or other specified places at times when the victim is present.
(2)	Order other relief deemed necessary and appropriate by the court.
(c)	A civil no‑contact order issued under this section shall include the following notice, printed in conspicuous type: 'A knowing violation of a civil no‑contact order shall be punishable as contempt of court which may result in a fine or imprisonment'."
SECTION 4.  G.S. 50C‑7 reads as rewritten:
"§ 50C‑7.  Permanent civil no‑contact order.
Upon a finding that the victim:  (i) has suffered unlawful conduct committed by the respondent, or (ii) is the victim of a sexually violent offense and the respondent is a registered offender who resides or works at a place of employment located within a quarter of a mile of the victim, a permanent civil no‑contact order may issue if the court additionally finds that process was properly served on the respondent, the respondent has answered the complaint and notice of hearing was given, or the respondent is in default. No permanent civil no‑contact order shall be issued without notice to the respondent."
SECTION 5.  Part 1 of Article 27A of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑208.6D.  Prohibit registered offender from living within certain distance of an elementary school or child care facility.A person who is required to register under this Article shall not reside within one‑quarter mile of an elementary school or a child care facility as defined in G.S. 110‑86." 
SECTION 6.  This act becomes effective October 1, 2005.