A BILL TO BE ENTITLED
AN ACT to modify the definitions of delinquent juvenile and undisciplined juvenile to include only juveniles at least ten years of age.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  G.S. 7B‑1501 reads as rewritten:
"§ 7B‑1501.  Definitions.
In this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings. The singular includes the plural, unless otherwise specified:
…
(7)	Delinquent juvenile. – Any juvenile who, while less than 16 years of age but at least 10 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws, or who commits indirect contempt by a juvenile as defined in G.S. 5A‑31.
…
(27)	Undisciplined juvenile. –
a.	A juvenile who, while less than 16 years of age but at least 10 years of age, is unlawfully absent from school; or is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours; or
b.	A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours.
…."
SECTION 1.(b)  G.S. 7B‑1501(7) reads as rewritten:
"(7)	Delinquent juvenile. –
a.	Any juvenile who, while less than 16 years of age but at least 10 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws, or who commits indirect contempt by a juvenile as defined in G.S. 5A‑31.
b.	Any juvenile who, while less than 18 years of age but at least 16 years of age, commits a crime or an infraction under State law or under an ordinance of local government, excluding violation of the motor vehicle laws, or who commits indirect contempt by a juvenile as defined in G.S. 5A‑31."
SECTION 1.(c)  Subsection (a) of this section is effective when it becomes law and applies to delinquent or undisciplined acts committed on or after that date. Subsection (b) of this section becomes effective December 1, 2019, and applies to delinquent acts committed on or after that date.
SECTION 2.  G.S. 7B‑1903(f) is repealed effective four years from the date this act becomes law.
SECTION 3.  G.S. 7B‑2102 reads as rewritten:
"§ 7B‑2102.  Fingerprinting and photographing juveniles.
(a)	A law enforcement officer or agency shall fingerprint and photograph a juvenile at the time the juvenile allegedly committed a nondivertible offense as set forth in G.S. 7B‑1701, when a complaint has been prepared for filing as a petition and the juvenile is in physical custody of law enforcement or the Division.
…
(b)	If a law enforcement officer or agency does not take the fingerprints or a photograph of the juvenile pursuant to subsection (a) of this section or the fingerprints or photograph have been destroyed pursuant to subsection (e) of this section, a law enforcement officer or agency shall fingerprint and photograph a juvenile who has been adjudicated delinquent if the juvenile committed an offense that would be a felony if committed by an adult.
(c)	A law enforcement officer, facility, or agency who fingerprints or photographs a juvenile pursuant to this section shall do so in a proper format for transfer to the State Bureau of Investigation and the Federal Bureau of Investigation. After the juvenile is adjudicated delinquent of an offense that would be a felony if committed by an adult, fingerprints obtained pursuant to this section shall be transferred to the State Bureau of Investigation and placed in the Automated Fingerprint Identification System (AFIS) to be used for all investigative and comparison purposes. Photographs obtained pursuant to this section shall be placed in a format approved by the State Bureau of Investigation and may be used for all investigative or comparison purposes. The State Bureau of Investigation shall release any photograph it receives pursuant to this section to the Division, upon the Division's request. The duty of confidentiality in subsection (d) of this section applies to the Division, except as provided in G.S. 7B‑3102.
…."
SECTION 4.(a)  G.S. 7B‑2513(a) reads as rewritten:
"(a)	Pursuant to G.S. 7B‑2506 and G.S. 7B‑2508, the court may commit a delinquent juvenile to the Division for placement in a youth development center. Commitment shall be for an indefinite term of at least six months. In no event shall the term exceed:
(1)	The twenty‑first birthday of the juvenile if the juvenile has been committed to the Division for an offense that would be first‑degree murder pursuant to G.S. 14‑17, first‑degree forcible rape pursuant to G.S. 14‑27.21, first‑degree statutory rape pursuant to G.S. 14‑27.24, first‑degree forcible sexual offense pursuant to G.S. 14‑27.26, or first‑degree statutory sexual offense pursuant to G.S. 14‑27.29 if committed by an adult;
(2)	The nineteenth birthday of the juvenile if the juvenile has been committed to the Division for an offense that would be a Class B1, B2, C, D, or E felony if committed by an adult, other than an offense set forth in subdivision (1) of this subsection; or
(3)	The eighteenth birthday of the juvenile if the juvenile has been committed to the Division for an offense other than an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult.
No juvenile shall be committed to a youth development center beyond the minimum six‑month commitment for a period of time in excess of the maximum term of imprisonment for which an adult in prior record level VI for felonies or in prior conviction level III for misdemeanors could be sentenced for the same offense, except when the Division pursuant to G.S. 7B‑2515 determines that the juvenile's commitment needs to be continued for an additional period of time to continue care or treatment under the plan of care or treatment developed under subsection (f) of this section. At the time of commitment to a youth development center, the court shall determine the maximum period of time the juvenile may remain committed before a determination must be made by the Division pursuant to G.S. 7B‑2515 and shall notify the juvenile of that determination."
SECTION 4.(b)  G.S. 7B‑2513(a) reads as rewritten:
"(a)	Pursuant to G.S. 7B‑2506 and G.S. 7B‑2508, the court may commit a delinquent juvenile to the Division for placement in a youth development center. Commitment shall be for an indefinite term of at least six months."
SECTION 4.(c)  Subsection (a) of this section becomes effective when it becomes law. Subsection (b) of this section becomes effective December 1, 2019.
SECTION 5.  Except as otherwise provided, this act is effective when it becomes law.