GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 216
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Short Title: CAM Accessibility & Sustainability Act. |
(Public) |
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Sponsors: |
Representative Clampitt. For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Judiciary 2, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House |
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February 27, 2025
A BILL TO BE ENTITLED
AN ACT to create and fund a continuous alcohol monitoring fund to be used for the purpose of providing access to continuous alcohol monitoring as a sentencing option to persons the court determines are unable to pay for the continuous alcohol monitoring.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 18B‑804 reads as rewritten:
"§ 18B‑804. Alcoholic beverage pricing.
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(b) Sale Price of Spirituous Liquor. – The sale of spirituous liquor, including antique spirituous liquor, sold at the uniform State price shall consist of the following components:
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(10) An additional charge of five cents (5¢) on each bottle.
(b1) Price of Spirituous
Liquor Sold at Distillery or Distillery Estate District. – When the holder of a
distillery permit sells spirituous liquor distilled at the distillery pursuant
to G.S. 18B‑1105(a)(4), or an on‑ or off‑premises
unfortified wine permittee sells spirituous liquor in a distillery estate
district, the retail price of the spirituous liquor shall be the uniform State
price set by subsection (a) of this section. However, the holder of the permit
shall not be required to remit the components of the price set forth by
subdivisions (2), (3), (5), (6), (6a), (6b), and (7) (7), and (10) of
subsection (b) of this section.
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SECTION 2. G.S. 18B‑805(b) reads as rewritten:
"(b) Primary Distribution. – Before making any other distribution, a local board shall first pay the following from its gross receipts:
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(5) Each month the local board shall pay to the Division of Community Supervision and Reentry of the Department of Adult Correction the proceeds from the charge required by G.S. 18B‑804(b)(10) to be deposited into the Continuous Alcohol Monitoring Fund created under G.S. 15A‑1343.3 and used in accordance with the purpose of that fund."
SECTION 3. G.S. 15A‑1343.3 reads as rewritten:
"§ 15A‑1343.3. Division of Community Supervision and
Reentry of the Department of Adult Correction to establish regulations for
continuous alcohol monitoring systems; payment of fees; authority to terminate monitoring.monitoring;
creation of Continuous Alcohol Monitoring Fund.
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(c) There is created in the Division of Community Supervision and Reentry of the Department of Adult Correction the Continuous Alcohol Monitoring Fund to be used for the purpose of providing access to continuous alcohol monitoring as a sentencing option to persons the court determines are unable to pay for the continuous alcohol monitoring. If the court determines that continuous alcohol monitoring should be ordered and the convicted person is unable to pay for the continuous alcohol monitoring, the court may order that the Division of Community Supervision and Reentry of the Department of Adult Correction pay, from the Fund established in this subsection, the cost of continuous alcohol monitoring for the period of time required by the court. To the extent practicable, funds deposited in the Fund in accordance with G.S. 18B‑805 shall be used in the county where the charge under G.S. 18B‑804(b)(10) is collected."
SECTION 4. G.S. 20‑179(k4) reads as rewritten:
"(k4) Continuous Alcohol
Monitoring Exception. – Notwithstanding the provisions of subsections (g), (h),
(k2), and (k3) of this section, if the court finds, upon good cause shown, that
the defendant should not be required to pay the costs of the continuous alcohol
monitoring system, the court shall not impose the use of a continuous alcohol
monitoring system unless (i) the local governmental entity responsible
for the incarceration of the defendant in the local confinement facility agrees
to pay the costs of the system.system or (ii) the court orders the
Division of Community Supervision and Reentry of the Department of Adult
Correction to pay the costs in accordance with G.S. 15A‑1343.3."
SECTION 5. Sections 1 and 2 of this act become effective July 1, 2025, and apply to sales occurring on or after that date. Sections 3 and 4 of this act become effective July 1, 2025, and apply to sentences imposed on or after that date. The remainder of this act becomes effective July 1, 2025.