A BILL TO BE ENTITLED
AN ACT to make revisions pertaining to death investigations under the jurisdiction of the office of the chief medical examiner, TO MODIFY the INDIGENT DEFENSE SERVICES COMMISSION, to modify the criteria for obtaining a limited driving privilege, and to provide that a person subject to an ignition interlock system requirement shall have the person's period of compliance with the requirement extended if the person commits an ignition interlock system violation during the NINETY‑day period immediately preceding the date the person's initial period of compliance is to end.
The General Assembly of North Carolina enacts:

Revisions Pertaining to Death Investigations Under the Jurisdiction of the Office of the Chief Medical Examiner
SECTION 1.(a)  G.S. 130A‑382(b) reads as rewritten:
"(b)	County medical examiners shall complete continuing education training as directed by the Office of the Chief Medical Examiner and based upon established and published guidelines for conducting death investigations. The continuing education training shall include training regarding (i) sudden unexpected death in epilepsy and (ii) requirements for compliance with the duties prescribed by G.S. 130A‑385 and G.S. 130A‑389. The Office of the Chief Medical Examiner shall annually update and publish these guidelines on its Internet Web site. Newly appointed county medical examiners shall complete mandatory orientation training as directed by the Office of the Chief Medical Examiner within 90 days after their appointment."
SECTION 1.(b)  G.S. 130A‑385 reads as rewritten:
"§ 130A‑385.  Duties of medical examiner upon receipt of notice; reports; copies.
(a)	Upon receipt of a notification under G.S. 130A‑383, the medical examiner shall take charge of the body, make inquiries regarding the cause and manner of death, reduce the findings to writing and promptly make a full report to the Chief Medical Examiner on forms prescribed for that purpose.

(1)	In all cases, the Chief Medical Examiner or the county medical examiner may (i) inspect the decedent's body, (ii) inspect and copy the medical records of the decedent whose death is under investigation, (iii) collect and inspect the decedent's body and personal possessions associated with the death, including clothing on the decedent's body, and (iv) collect tissue and blood samples, cultures, medical images, X‑rays, and other medical information obtained through the use of medical equipment.
(2)	In the case of a decedent whose death is not under criminal investigation, the Chief Medical Examiner or the county medical examiner conducting an investigation pursuant to this Article is authorized to inspect all other physical evidence and documents that may be relevant to determining the cause and manner of death of the person whose death is under investigation, and the Chief Medical Examiner or county medical examiner may seek an administrative search warrant pursuant to G.S. 15‑27.2 for the purpose of carrying out the duties imposed under this section.
(3)	In the case of a decedent whose death is under criminal investigation, no administrative search warrant shall be issued pursuant to this section, and the Chief Medical Examiner or the county medical examiner is not authorized to inspect other physical evidence or documents at the scene except as permitted by the investigating law enforcement agency. The district attorney or investigating law enforcement agency shall inform the Chief Medical Examiner, the county medical examiner, or the autopsy center, as applicable, that the death is under criminal investigation. Nothing in this subsection prohibits the Chief Medical Examiner or the county medical examiner from being present during the execution of a search warrant by the investigating law enforcement agency.
The Chief Medical Examiner shall provide directions as to the nature, character and extent of an investigation and appropriate forms for the required reports. The facilities of the central and district offices and autopsy centers and their staff services shall be available to the medical examiners and designated pathologists in their investigations.
(a1)	The Office of the Chief Medical Examiner shall conduct comprehensive toxicology screening in all child death cases that fall under the jurisdiction of the medical examiner pursuant to G.S. 130A‑383 or G.S. 130A‑384.
(b)	The medical examiner shall complete a certificate of death, stating the name of the disease that, in the opinion of the medical examiner, caused death. If the death was from external causes, the medical examiner shall state on the certificate of death the means of death, and whether, in the medical examiner's opinion, the manner of death was accident, suicide, homicide, execution by the State, or undetermined. The medical examiner shall also furnish any information as may be required by the State Registrar of Vital Statistics in order to properly classify the death.
(c)	The Chief Medical Examiner may amend a certificate of death completed by a medical examiner pursuant to subsection (b) of this section.
(d)	Upon request by the district attorney, the Office of the Chief Medical Examiner, the local medical examiner, and the autopsy center, as applicable, shall provide a complete copy of the medical examiner investigation file to the appropriate district attorney. For purposes of this subsection, the "medical examiner investigation file" means the finalized toxicology report, the finalized autopsy report, any autopsy examination notes, any death scene notes, the finalized report of investigation of a medical examiner, the case encounter form, any case comments, any case notes, any autopsy photographs, any scene photographs, and any video or audio recordings of the autopsy examination in the custody and control of the North Carolina Office of the Chief Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical examiner appointed under G.S. 130A‑382, or an investigating medical examiner in connection with a death under criminal investigation by a public law enforcement agency. Each records custodian shall be responsible for providing the portions of the medical examiner investigation file within its custody and control. This is a continuing disclosure obligation, and any records or other materials responsive to the district attorney's request that are discovered or added to the medical examiner investigation file after the request was made shall also be provided to the district attorney. The district attorney or investigating law enforcement agency shall inform the Chief Medical Examiner, the county medical examiner, or the autopsy center, as applicable, if the death is no longer under criminal investigation and the obligation is terminated.
(e)	In cases where death occurred due to an injury received in the course of the decedent's employment, the Chief Medical Examiner shall forward to the Commissioner of Labor a copy of the medical examiner's report of the investigation, including the location of the fatal injury and the name and address of the decedent's employer at the time of the fatal injury. The Chief Medical Examiner shall forward this report within 30 days of receipt of the information from the medical examiner.
(f)	If a death occurred in a facility licensed subject to Article 2 or Article 3 of Chapter 122C of the General Statutes, or Articles 1 or 1A of Chapter 131D of the General Statutes, and the deceased was a client or resident of the facility or a recipient of facility services at the time of death, then the Chief Medical Examiner shall forward a copy of the medical examiner's report to the Secretary of Health and Human Services within 30 days of receipt of the report from the medical examiner."
SECTION 1.(c)  G.S. 130A‑389(a) reads as rewritten:
"(a)	The Chief Medical Examiner or a competent pathologist designated by the Chief Medical Examiner shall perform an autopsy or other study in each of the following cases:
(1)	If, in the opinion of the medical examiner investigating the case or of the Chief Medical Examiner, it is advisable and in the public interest that an autopsy or other study be made.
(2)	If an autopsy or other study is requested by the district attorney of the county or by any superior court judge.
(3)	Notwithstanding subdivision (2) of this subsection, in any case in which the district attorney of the county asserts to the Chief Medical Examiner or the medical examiner of the county in which the body was located that there is probable cause to believe that a violation of G.S. 14‑18.4 has occurred, a complete autopsy shall be performed. The district attorney has at least 72 weekday hours after pronouncement of death by a person authorized under this Part to express the opinion that death has occurred to make the assertion required by this subdivision, provided that the district attorney or the investigating law enforcement agency provides notification within the first 24 hours after the pronouncement that such an assertion might be made. The district attorney may, but is not required to, assert to the Chief Medical Examiner the facts supporting probable cause to believe that a violation of G.S. 14‑18.4 has occurred.
A complete autopsy report of findings and interpretations, prepared on forms designated for the purpose, shall be submitted promptly to the Chief Medical Examiner. Subject to the limitations of G.S. 130A‑389.1 relating to photographs and video or audio recordings of an autopsy, a copy of the report shall be furnished to any person upon request."
SECTION 1.(d)  This section becomes effective October 1, 2024.

MODIFY INDIGENT DEFENSE SERVICES COMMISSION
SECTION 2.(a)  G.S. 7A‑498.4 reads as rewritten:
"§ 7A‑498.4.  Establishment of Commission on Indigent Defense Services.
(a)	The Commission on Indigent Defense Services is created within the Office of Indigent Defense Services and shall consist of 15 members, who shall reside in different judicial districts from one another. To create an effective working group, assure continuity, and achieve staggered terms, the Commission shall be appointed as provided in this section.
(b)	The members of the Commission shall be appointed as follows:
(1)	The Chief Justice of the North Carolina Supreme Court shall appoint one member, who shall be an attorney.
	
(3)	The General Assembly shall appoint four members, upon the recommendation of the President Pro Tempore of the Senate, two of whom shall be attorneys who regularly serve as appointed counsel, one of whom shall be an active or retired public defender, and one of whom shall be an attorney.
(4)	The General Assembly shall appoint four members, upon the recommendation of the Speaker of the House of Representatives, two of whom shall be attorneys who regularly serve as appointed counsel, one of whom shall be an active or retired public defender, and one of whom shall be an attorney.
(5)	The North Carolina Public Defenders Association shall appoint one member, who shall be an active or retired public defender.
(6)	The North Carolina State Bar shall appoint one member, who shall be an attorney who regularly serves as an appointed counsel.
	
(8)	The North Carolina Academy of Trial Lawyers shall appoint one member, who shall be an attorney.
(9)	The North Carolina Association of Black Lawyers shall appoint one member, who shall be an attorney.
(10)	The North Carolina Association of Women Lawyers shall appoint one member, who shall be an attorney.
(11)	The Commission shall appoint one member, who shall be an attorney.
(c)	The initial terms of members appointed pursuant to subsection (b) of this section shall be 
	for four years.

	
At the expiration of these initial terms, appointments shall be for four years and shall be made by the appointing authorities designated in subsection (b) of this section. No person shall serve more than two consecutive four‑year terms plus any initial term of less than four years.
(d)	Persons appointed to the Commission shall have significant experience in the defense of criminal or other cases subject to this Article or shall have demonstrated a strong commitment to quality representation in indigent defense matters. No active prosecutors or law enforcement officials, or active employees of such persons, may be appointed to or serve on the Commission. No active judicial officials, or active employees of such persons, may be appointed to or serve on the Commission. Notwithstanding the appointments authorized pursuant to G.S. 7A‑498.4(b)(3), (4), and (5), no active public defenders, active employees of public defenders, or other active employees of the Office of Indigent Defense Services may be appointed to or serve on the Commission, except that notwithstanding this subsection, G.S. 14‑234, or any other provision of law, Commission members may include part‑time public defenders employed by the Office of Indigent Defense Services and may include persons, or employees of persons or organizations, who provide legal services subject to this Article as contractors or appointed attorneys.
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SECTION 2.(b)  This section becomes effective October 1, 2024, and applies to appointments made on or after that date. Notwithstanding any provision of law to the contrary, the terms of members of the Indigent Defense Services Commission appointed prior to October 1, 2024, shall conclude as follows:
(1)	For those appointed pursuant to G.S. 7A‑498.4(b)(6) and (11), the terms shall end October 1, 2024.
(2)	For those appointed pursuant to G.S. 7A‑498.4(b)(8), (9), and (10), the terms shall end with the appointment of a member pursuant to G.S. 7A‑498.4(b)(1).
(3)	For those appointed pursuant to G.S. 7A‑498.4(b)(3), (5), and (7), the terms shall end with the appointment of members pursuant to G.S. 7A‑498.4(b)(3).
(4)	For those appointed pursuant to G.S. 7A‑498.4(b)(1), (2), and (4), the terms shall end with the appointment of members pursuant to G.S. 7A‑498.4(b)(4).

IGNITION INTERLOCK AND LIMITED DRIVING PRIVILEGE CHANGES
SECTION 3.(a)  G.S. 20‑179.3 reads as rewritten:
"§ 20‑179.3.  Limited driving privilege.
(a)	Definition of Limited Driving Privilege. – A limited driving privilege is a judgment issued in the discretion of a court for good cause shown authorizing a person with a revoked driver's license to drive for essential purposes related to any of the following:
(1)	The person's employment.
(2)	The maintenance of the person's household.
(3)	The person's education.
(4)	The person's court‑ordered treatment or assessment.
(5)	Community service ordered as a condition of the person's probation.
(6)	Emergency medical care.
(7)	Religious worship.
(b)	Eligibility. –
(1)	Except as otherwise provided in subdivision (3) of this subsection, a person convicted of the offense of impaired driving under G.S. 20‑138.1 is eligible for a limited driving privilege if all of the following requirements are met:
a.	At the time of the offense the person held either a valid driver's license or a license that had been expired for less than one year.
b.	At the time of the offense the person had not within the preceding seven years been convicted of an offense involving impaired driving.
c.	Punishment Level Three, Four, or Five was imposed for the offense of impaired driving.
d.	Subsequent to the offense the person has not been convicted of, or had an unresolved charge lodged against the person for, an offense involving impaired driving.
e.	The person has obtained and filed with the court a substance abuse assessment of the type required by G.S. 20‑17.6 for the restoration of a drivers license.
A person whose North Carolina driver's license is revoked because of a conviction in another jurisdiction substantially similar to impaired driving under G.S. 20‑138.1 is eligible for a limited driving privilege if the person would be eligible for it had the conviction occurred in North Carolina. Eligibility for a limited driving privilege following a revocation under G.S. 20‑16.2(d) is governed by G.S. 20‑16.2(e1).
(2)	Any person whose licensing privileges are forfeited pursuant to G.S. 15A‑1331.1 is eligible for a limited driving privilege if the court finds that at the time of the forfeiture, the person held either a valid drivers license or a drivers license that had been expired for less than one year and either of the following requirements is met:
a.	The person is supporting existing dependents or must have a drivers license to be gainfully employed.
b.	The person has an existing dependent who requires serious medical treatment and the defendant is the only person able to provide transportation to the dependent to the health care facility where the dependent can receive the needed medical treatment.
The limited driving privilege granted under this subdivision must restrict the person to essential driving related to the purposes listed above, and any driving that is not related to those purposes is unlawful even though done at times and upon routes that may be authorized by the privilege.
(3)	A person convicted of the offense of impaired driving under G.S. 20‑138.1 that has been convicted of not more than one offense involving impaired driving within the preceding seven years is eligible for a limited driving privilege if all of the following requirements are met:
a.	At the time of the offense the person held either a valid driver's license or a license that had been expired for less than one year.
b.	At the time of the offense the person did not have an alcohol concentration of 0.15 or more.
c.	One of the following punishment levels was imposed for the offense of impaired driving:
1.	Punishment Level Three, Four, or Five.
2.	Punishment Level Two, but only if the Grossly Aggravating Factor determined to impose Punishment Level Two was the Grossly Aggravating Factor provided in G.S. 20‑179(c)(1).
d.	Subsequent to the offense the person has not been convicted of, or had an unresolved charge lodged against the person for, an offense involving impaired driving.
e.	The person has obtained and filed with the court a substance abuse assessment of the type required by G.S. 20‑17.6 for the restoration of a drivers license.
A person whose North Carolina driver's license is revoked because of a conviction in another jurisdiction substantially similar to impaired driving under G.S. 20‑138.1 is eligible for a limited driving privilege if the person would be eligible for it had the conviction occurred in North Carolina. Eligibility for a limited driving privilege following a revocation under G.S. 20‑16.2(d) is governed by G.S. 20‑16.2(e1).
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(g5)	Ignition Interlock Required. – If a person's drivers license is revoked for a conviction of G.S. 20‑138.1, and the person had an alcohol concentration of 0.15 or more, a judge shall include all of the following in a limited driving privilege order:
(1)	A restriction that the applicant may operate only a designated motor vehicle.
(2)	A requirement that the designated motor vehicle be equipped with a functioning ignition interlock system of a type approved by the Commissioner, which is set to prohibit driving with an alcohol concentration of greater than 0.02. The Commissioner shall not unreasonably withhold approval of an ignition interlock system and shall consult with the Division of Purchase and Contract in the Department of Administration to ensure that potential vendors are not discriminated against.
(3)	A requirement that the applicant personally activate the ignition interlock system before driving the motor vehicle.
If the limited driving privilege order includes the restrictions set forth in this subsection, then the limitations set forth in subsections (a), (f), (g), (g1), and (g2) of this section do not apply when the person is operating the designated motor vehicle with a functioning ignition interlock system. For purposes of this subsection, the results of a chemical analysis presented at trial or sentencing shall be sufficient to prove a person's alcohol concentration, shall be conclusive, and shall not be subject to modification by any party, with or without approval by the court.
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(j)	Effect of Violation of Restriction. – Except as otherwise provided in subsection (j2) of this section, a person holding a limited driving privilege who violates any of its restrictions commits the offense of driving while license is revoked for impaired driving under G.S. 20‑28(a1) and is subject to punishment and license revocation as provided in that section. If a law‑enforcement officer has reasonable grounds to believe that the person holding a limited driving privilege has consumed alcohol while driving or has driven while the person has remaining in the person's body any alcohol previously consumed, the suspected offense of driving while license is revoked is an alcohol‑related offense subject to the implied‑consent provisions of G.S. 20‑16.2. If a person holding a limited driving privilege is charged with driving while license revoked by violating a restriction contained in the limited driving privilege, and a judicial official determines that there is probable cause for the charge, the limited driving privilege is suspended pending the resolution of the case, and the judicial official must require the person to surrender the limited driving privilege. The judicial official must also notify the person that the person is not entitled to drive until the case is resolved.
Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violating this section, and the results of an alcohol screening test or the driver's refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver's body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable regulations of the Department as to the manner of its use.
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(j2)	Effect of Ignition Interlock System Violation During Final 90‑Day Period. – Notwithstanding subsection (j) of this section, a person holding a limited driving privilege, including the restriction set forth in subsection (g5) of this section who commits an ignition interlock system violation during the 90‑day period immediately preceding the date on which the person's compliance with subsection (g5) of this section is to end, shall have the period of compliance with subsection (g5) of this section extended for an additional period of 90 days or until the person has been violation‑free for such extended period. For purposes of this subsection, the term "ignition interlock system violation" means any of the following:
(1)	A violation of any of the restrictions set forth in subsection (g5) of this section.
(2)	A violation of G.S. 20‑17.8A.
(3)	A violation of any of the rules established by the Division for use of an ignition interlock system on a designated motor vehicle.
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SECTION 3.(b)  G.S. 20‑17.8 reads as rewritten:
"§ 20‑17.8.  Restoration of a license after certain driving while impaired convictions; ignition interlock.
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(b)	Ignition Interlock Required. – Except as provided in subsection (l) of this section, when the Division restores the license of a person who is subject to this section, in addition to any other restriction or condition, it shall require the person to agree to and shall indicate on the person's drivers license the following restrictions for the period designated in subsection (c):
(1)	A restriction that the person may operate only a vehicle that is equipped with a functioning ignition interlock system of a type approved by the Commissioner. The Commissioner shall not unreasonably withhold approval of an ignition interlock system and shall consult with the Division of Purchase and Contract in the Department of Administration to ensure that potential vendors are not discriminated against.
(2)	A requirement that the person personally activate the ignition interlock system before driving the motor vehicle.
(3)	A requirement that the person not drive with an alcohol concentration of 0.02 or greater.
(c)	Length of Requirement. – Except as otherwise provided in subsection (g1) of this section, the requirements of subsection (b) shall remain in effect for one of the following:
(1)	One year from the date of restoration if the original revocation period was one year.
(2)	Three years from the date of restoration if the original revocation period was four years.
(3)	Seven years from the date of restoration if the original revocation was a permanent revocation.
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(f)	Effect of Violation of Restriction. – Except as otherwise provided in subsection (g1) of this section, a person subject to this section who violates any of the restrictions of this section commits the offense of driving while license revoked for impaired driving under G.S. 20‑28(a1) and is subject to punishment and license revocation as provided in that section. If a law enforcement officer has reasonable grounds to believe that a person subject to this section has consumed alcohol while driving or has driven while he has remaining in his body any alcohol previously consumed, the suspected offense of driving while license is revoked is an alcohol‑related offense subject to the implied‑consent provisions of G.S. 20‑16.2. If a person subject to this section is charged with driving while license revoked by violating a condition of subsection (b) of this section, and a judicial official determines that there is probable cause for the charge, the person's license is suspended pending the resolution of the case, and the judicial official must require the person to surrender the license. The judicial official must also notify the person that he is not entitled to drive until his case is resolved. An alcohol concentration report from the ignition interlock system shall not be admissible as evidence of driving while license revoked, nor shall it be admissible in an administrative revocation proceeding as provided in subsection (g) of this section, unless the person operated a vehicle when the ignition interlock system indicated an alcohol concentration in violation of the restriction placed upon the person by subdivision (b)(3) of this section.
(g)	Effect of Violation of Restriction When Driving While License Revoked Not Charged. – Except as otherwise provided in subsection (g1) of this section, a person subject to this section who violates any of the restrictions of this section, but is not charged or convicted of driving while license revoked pursuant to G.S. 20‑28(a), shall have the person's license revoked by the Division for a period of one year.
(g1)	Effect of Ignition Interlock System Violation During Final 90‑Day Period. – Notwithstanding subsection (f) or (g) of this section, a person subject to this section who commits an ignition interlock system violation during the 90‑day period immediately preceding the date on which the person's length of requirement set forth in subsection (c) of this section is to end shall have the period of compliance with subsection (b) of this section extended for an additional period of 90 days or until the person has been violation‑free for such extended period. For purposes of this subsection, the term "ignition interlock system violation" means any of the following:
(1)	A violation of any of the restrictions set forth in subsection (b) of this section.
(2)	A violation of G.S. 20‑17.8A.
(3)	A violation of any of the rules established by the Division for use of an ignition interlock system on a designated motor vehicle.
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SECTION 3.(c)  Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.
SECTION 3.(d)  Section 3(a) of this act becomes effective July 1, 2024, and applies to limited driving privileges issued on or after that date. Section 3(b) of this act becomes effective July 1, 2024, and applies to drivers licenses revoked on or after that date. Section 3(c) of this act becomes effective July 1, 2024.

EFFECTIVE DATE
SECTION 5.  Except as otherwise provided, this act is effective when it becomes law.