A BILL TO BE ENTITLED
AN ACT to clarify domestic violence laws reGarding when a law enforcement officer shall arrest a person who has knowingly violated a valid protective order despite the 2006 holding by the north carolina court of appeals in cockerham‑ellerbee v. the town of jonesville.
Whereas, in a 2006 opinion in Cockerham‑Ellerbee v. The Town of Jonesville, the North Carolina Court of Appeals interpreted G.S. 50B‑4.1(b) to be a discretionary provision rather than a mandatory one; and
Whereas, the intent of the North Carolina General Assembly in enacting G.S. 50B‑4.1(b) was to create a mandatory provision; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  Notwithstanding the holding by the North Carolina Court of Appeals in Cockerham‑Ellerbee v. The Town of Jonesville, 176 N.C. App. 372, 626 S.E.2d 685 (2006), G.S. 50B‑4.1(b) creates a mandatory provision requiring a law enforcement officer to arrest and take a person into custody without a warrant or other process if the requirements set forth in the subsection are met.
SECTION 2.  This act is effective when it becomes law.