Signed by Governor Josh Stein

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that amends domestic violence, drug trafficking and exposing children to controlled substances in North Carolina.

Highlights:

• Specifies that the following are felonies and the classes that they fall in (Sec. 1):

• A person who knowingly, intentionally, or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance is guilty of a Class H felony;

• A person who knowingly, intentionally, or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests the controlled substance is guilty of a Class E felony;

• A person who knowingly, intentionally, or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests the controlled substance, resulting in serious physical injury is guilty of a Class D felony;

• A person who knowingly, intentionally, or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests the controlled substance, resulting in serious bodily injury as is guilty of a Class C felony; and 

• A person who knowingly, intentionally, or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests the controlled substance, and the ingestion is the proximate cause of death, is guilty of a Class B1 felony.

• Specifies that upon notice from the investigating public law enforcement agency or prosecuting district attorney that a death is under criminal investigation or the subject of a criminal prosecution, any records, worksheets, reports, photographs, tests, or analyses compiled, prepared, or conducted by the Office of the Chief Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical examiner, an investigating medical examiner, or an autopsy center, including any autopsy photographs or video or audio recordings, related to that death shall be treated as records of criminal investigations (Sec. 1).

• Specifies that these records may only be disclosed or released as follows and recipients of records pursuant to the following subdivisions may not disclose the identified records to the public unless otherwise authorized by law (Sec. 1):

• The custodian of the finalized toxicology report, finalized autopsy report, or finalized report of investigation of a medical examiner may release a copy at a time and location determined by the custodial agency to a personal representative of the decedent's estate to enable the personal representative to fulfill his or her duties under the law, to a beneficiary of a benefit or claim associated with the decedent for purposes of receiving the benefit or resolving the claim, or to the decedent's spouse, child or stepchild, parent or stepparent, sibling, or legal guardian;

• The Office of the Chief Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical examiner, an investigating medical examiner, or an autopsy center is not prohibited from disclosing or releasing information or reports when necessary to conduct a thorough and complete death investigation;

• When disclosing information to the investigating public law enforcement agency or prosecuting district attorney; or

• When disclosing or releasing information or reports is necessary to address public health or safety concerns,for public health purposes, including public health surveillance, investigations, interventions, and evaluations, to facilitate research, to facilitate education, to release decedent remains to transporters, funeral homes, family members, or others for final disposition, to comply with reporting requirements under State or federal law or in connection with State or federal grants, or to comply with any other duties imposed by law.

• Specifies that this act is effective when it becomes law (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and amends domestic violence, drug trafficking and exposing children to controlled substances in North Carolina.

Highlights:

• Specifies that the following are felonies and the classes that they fall in (Sec. 1):

• A person who knowingly, intentionally, or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance is guilty of a Class H felony;

• A person who knowingly, intentionally, or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests the controlled substance is guilty of a Class E felony;

• A person who knowingly, intentionally, or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests the controlled substance, resulting in serious physical injury is guilty of a Class D felony;

• A person who knowingly, intentionally, or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests the controlled substance, resulting in serious bodily injury as is guilty of a Class C felony; and 

• A person who knowingly, intentionally, or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests the controlled substance, and the ingestion is the proximate cause of death, is guilty of a Class B1 felony.

• Specifies that upon notice from the investigating public law enforcement agency or prosecuting district attorney that a death is under criminal investigation or the subject of a criminal prosecution, any records, worksheets, reports, photographs, tests, or analyses compiled, prepared, or conducted by the Office of the Chief Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical examiner, an investigating medical examiner, or an autopsy center, including any autopsy photographs or video or audio recordings, related to that death shall be treated as records of criminal investigations (Sec. 1).

• Specifies that these records may only be disclosed or released as follows and recipients of records pursuant to the following subdivisions may not disclose the identified records to the public unless otherwise authorized by law (Sec. 1):

• The custodian of the finalized toxicology report, finalized autopsy report, or finalized report of investigation of a medical examiner may release a copy at a time and location determined by the custodial agency to a personal representative of the decedent's estate to enable the personal representative to fulfill his or her duties under the law, to a beneficiary of a benefit or claim associated with the decedent for purposes of receiving the benefit or resolving the claim, or to the decedent's spouse, child or stepchild, parent or stepparent, sibling, or legal guardian;

• The Office of the Chief Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical examiner, an investigating medical examiner, or an autopsy center is not prohibited from disclosing or releasing information or reports when necessary to conduct a thorough and complete death investigation;

• When disclosing information to the investigating public law enforcement agency or prosecuting district attorney; or

• When disclosing or releasing information or reports is necessary to address public health or safety concerns,for public health purposes, including public health surveillance, investigations, interventions, and evaluations, to facilitate research, to facilitate education, to release decedent remains to transporters, funeral homes, family members, or others for final disposition, to comply with reporting requirements under State or federal law or in connection with State or federal grants, or to comply with any other duties imposed by law.

• Specifies that this act is effective when it becomes law (Sec. 2).

Full Bill Text