A BILL TO BE ENTITLED
AN ACT to strengthen the laws against impaired driving by increasing the punishment for felony death by VEHICle and 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 fund certain positions from the dwi reserve fund and to change the counties eligible for tier one designations under the bill lee act for last quarter of calendar year 2005.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑141.4 reads as rewritten:
"§ 20‑141.4.  Felony and misdemeanor death by vehicle.
(a)	Repealed by Session Laws 1983, c. 435, s. 27.
(a1)	Felony Death by Vehicle. – A person commits the offense of felony death by vehicle if he unintentionally causes the death of another person while engaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2 and commission of that offense is the proximate cause of the death.
(a2)	Misdemeanor Death by Vehicle. – A person commits the offense of misdemeanor death by vehicle if he unintentionally causes the death of another person while engaged in the violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20‑138.1, and commission of that violation is the proximate cause of the death.
(b)	Punishments. – Felony death by vehicle is a Class E felony. Misdemeanor death by vehicle is a Class 1 misdemeanor.
(c)	No Double Prosecutions. – No person who has been placed in jeopardy upon a charge of death by vehicle may be prosecuted for the offense of manslaughter arising out of the same death; and no person who has been placed in jeopardy upon a charge of manslaughter may be prosecuted for death by vehicle arising out of the same death."
SECTION 2.  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 3.  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 4.  Chapter 50C of the General Statutes 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 committed by the respondent.
(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's residence, school, place of employment, or other specified place.
(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 5.  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's residence, school, place of employment, or other specified place, 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 6.(a)  Effective December 1, 2005, G.S. 7A‑133(a) reads as rewritten:
"(a)	Each district court district shall have the numbers of judges as set forth in the following table:
District	Judges	County
1	5	Camden
		Chowan
		Currituck
		Dare
		Gates
		Pasquotank
		Perquimans
2	4	Martin
		Beaufort
		Tyrrell
		Hyde 
		Washington
3A	5	Pitt
3B	5	Craven
		Pamlico 
		Carteret
4	8	Sampson
		Duplin
		Jones
		Onslow
5	8	New Hanover
		Pender
6A	2	Halifax
6B	3	Northampton
		Bertie
		Hertford
7	7	Nash 
		Edgecombe
		Wilson
8	6	Wayne 
		Greene
		Lenoir
9	4	Granville
		(part of Vance
		see subsection (b))
		Franklin
9A	2	Person 
		Caswell
9B	2	Warren
		(part of Vance
		see subsection (b))
10	15	Wake
11	8	Harnett
		Johnston
		Lee
12	9	Cumberland
13	6	Bladen
		Brunswick
		Columbus
14	 7	Durham
15A	4	Alamance
15B	4	Orange 
		Chatham
16A	3	Scotland
		Hoke
16B	5	Robeson
17A	2	Rockingham
17B	4	Stokes 
		Surry
18	12	Guilford
19A	4	Cabarrus
19B	6	Montgomery 
		Moore
		Randolph
19C	4	Rowan
20	7	Stanly 
		Union
		Anson
		Richmond
21	9	Forsyth
22	9	Alexander
		Davidson
		Davie
		Iredell
23	4	Alleghany
		Ashe
		Wilkes
		Yadkin
24	4	Avery
		Madison
		Mitchell
		Watauga
		Yancey
25	8	Burke 
		Caldwell
		Catawba
26	17	Mecklenburg
27A	6	Gaston
27B	4	Cleveland
		Lincoln
28	6	Buncombe
29	7	Henderson 
		McDowell
		Polk 
		Rutherford
		Transylvania
30	5	Cherokee 
		Clay
		Graham
		Haywood
		Jackson
		Macon
		Swain."
SECTION 6.(b)  The Governor shall appoint the additional district court judge for District 14 authorized by subsection (a) of this section, and that judge's successor shall be elected in the 2006 general election for a four‑year term commencing on the first Monday in December 2006.
SECTION 6.(c)  Effective December 1, 2006, G.S. 7A‑133(a), as amended by subsection (a) of this section, reads as rewritten:
"(a)	Each district court district shall have the numbers of judges as set forth in the following table:
District	Judges	County
1	5	Camden
		Chowan
		Currituck
		Dare
		Gates
		Pasquotank
		Perquimans
2	4	Martin
		Beaufort
		Tyrrell
		Hyde 
		Washington
3A	5	Pitt
3B	5	Craven
		Pamlico 
		Carteret
4	8	Sampson
		Duplin
		Jones
		Onslow
5	8	New Hanover
		Pender
6A	2	Halifax
6B	3	Northampton
		Bertie
		Hertford
7	7	Nash 
		Edgecombe
		Wilson
8	6	Wayne 
		Greene
		Lenoir
9	4	Granville
		(part of Vance
		see subsection (b))
		Franklin
9A	2	Person 
		Caswell
9B	2	Warren
		(part of Vance
		see subsection (b))
10	15	Wake
11	8	Harnett
		Johnston
		Lee
12	9	Cumberland
13	6	Bladen
		Brunswick
		Columbus
14	7	Durham
15A	4	Alamance
15B	5	Orange 
		Chatham
16A	3	Scotland
		Hoke
16B	5	Robeson
17A	2	Rockingham
17B	4	Stokes 
		Surry
18	12	Guilford
19A	4	Cabarrus
19B	6	Montgomery 
		Moore
		Randolph
19C	4	Rowan
20	7	Stanly 
		Union
		Anson
		Richmond
21	9	Forsyth
22	9	Alexander
		Davidson
		Davie
		Iredell
23	4	Alleghany
		Ashe
		Wilkes
		Yadkin
24	4	Avery
		Madison
		Mitchell
		Watauga
		Yancey
25	8	Burke 
		Caldwell
		Catawba
26	17	Mecklenburg
27A	6	Gaston
27B	4	Cleveland
		Lincoln
28	6	Buncombe
29	7	Henderson 
		McDowell
		Polk 
		Rutherford
		Transylvania
30	5	Cherokee 
		Clay
		Graham
		Haywood
		Jackson
		Macon
		Swain."
SECTION 6.(d)  The additional district court judge for District 15B authorized by subsection (c) of this section shall be elected in the 2006 general election to serve a four‑year term commencing on the first Monday in December 2006.
SECTION 6.(e)  Effective December 1, 2005, G.S. 7A‑60(a1) reads as rewritten:
"(a1)	The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full‑time assistant district attorneys set forth in the following table:
		No. of Full‑Time
		Prosecutorial		Asst. District
		District	Counties	Attorneys
	1	Camden, Chowan, Currituck,	10
		Dare, Gates, Pasquotank,
		Perquimans
	2	Beaufort, Hyde, Martin,	6
		Tyrrell, Washington
	3A	Pitt	9
	3B	Carteret, Craven, Pamlico	10
	4	Duplin, Jones, Onslow,	14
		Sampson
	5	New Hanover, Pender	14
	6A	Halifax	4
	6B	Bertie, Hertford,	4
		Northampton
	7	Edgecombe, Nash, Wilson	16
	8	Greene, Lenoir, Wayne	11
	9	Franklin, Granville,	11
		Vance, Warren
	9A	Person, Caswell	5
	10	Wake	31
	11	Harnett, Johnston, Lee	14
	12	Cumberland	18
	13	Bladen, Brunswick, Columbus	11
	14	Durham	 15	15A	Alamance	 9
	15B	Orange, Chatham	7
	16A	Scotland, Hoke	5
	16B	Robeson	10
	17A	Rockingham	5
	17B	Stokes, Surry	 6
	18	Guilford	27
	19A	Cabarrus	6
	19B	Montgomery, Moore, Randolph	11
	19C	Rowan	5
	20	Anson, Richmond,	15
		Stanly, Union
	21	Forsyth	17
	22	Alexander, Davidson, Davie,	16
		Iredell
	23	Alleghany, Ashe, Wilkes,	5
		Yadkin
	24	Avery, Madison, Mitchell,	4
		Watauga, Yancey
	25	Burke, Caldwell, Catawba	15
	26	Mecklenburg	36
	27A	Gaston	12
	27B	Cleveland,	9
		Lincoln
	28	Buncombe	11
	29	Henderson, McDowell, Polk,	11
		Rutherford, Transylvania
	30	Cherokee, Clay, Graham,	9
		Haywood, Jackson, Macon,
		Swain."
SECTION 6.(f)  There is appropriated from the Reserve for DWI Task Force Recommendations established in S.L. 2005‑276 to the Judicial Department the sum of three hundred eighty‑one thousand nine hundred seventy‑three dollars ($381,973) for the 2005‑2006 fiscal year and the sum of six hundred seventy thousand nine hundred five dollars ($670,905) for the 2006‑2007 fiscal year to establish the additional district court judge for District 14 authorized by subsection (a) of this section, the additional district court judge for District 15B authorized by subsection (c) of this section, the additional assistant district attorney positions established for Districts 9A, 14, 15A, and 17B by subsection (e) of this section, a new deputy clerk position for Durham County, and a new deputy clerk position for Orange County.
SECTION 6.(g)  Subsection (c) of this section becomes effective December 1, 2006. The remainder of this section becomes effective December 1, 2005.
SECTION 7.(a)  The General Assembly finds that counties with high unemployment need additional assistance to hasten their economic recovery. Therefore, a county whose rank in a ranking of counties from highest to lowest by average rate of unemployment for the applicable 12‑month period is one of the 10 highest in the State is designated an enterprise tier one area for the last quarter of calendar year 2005. The applicable 12‑month period is November 2003 to October 2004, based upon the unemployment data available in December 2004. This section applies to letters of commitment signed during that quarter and to business activities occurring during that quarter. A county designated as an enterprise tier one area under this section is considered to have the tier one designation for the 2005 calendar year for the purposes of G.S. 105‑129.3(c).
SECTION 7.(b)  This section is effective when it becomes law.
SECTION 8.  Section 1 of this act becomes effective December 1, 2005, and applies to offenses committed on or after that date.  Except as otherwise provided, the remainder of this act becomes effective October 1, 2005.