State adds four dozen new laws

RALEIGH — A new state law aimed at improving the state’s probation system is one of more than four dozen new laws taking effect on Dec. 1.

Other new laws include a require that the “North Carolina” name and the expiration date on license plates be visible, place more restrictions on sex offenders and shorten some prison sentences to alleviate prison crowding.

“I think they make the conditions of probation more strict,” Keith Acree, a spokesman for the Department of Correction, said about the new probation laws.

The new probation law makes an offender’s juvenile record more available to law enforcement. It also requires offenders to submit to searches without a warrant as a condition of probation.

Acree noted that the state has approximately 2,000 probation officers supervising about 115,000 offenders.

The state began looking at ways to improve its probation system following the killing of Eve Carson, who was the 22-year-old student body president at UNC Chapel Hill at the time of her death on March 5, 2008.

One of the suspects in her killing, Laurence Lovette Jr., was on probation from adult court at the time for misdemeanor larceny and breaking and entering charges. However, Lovette also had a juvenile record. But his probation officer did not have access to that.

Acree said that having a record of juvenile convictions is important for probation officers to have to determine risk of the offender.

“He would be supervised at a much higher level as someone with a more extensive criminal history as opposed to a person as a first offender,” Acree said.

Motorists who have a frame around their license plate may also want to take note of a new law that requires the state’s name across the bottom of the plate to be fully visible. The new law also requires that the expiration month and year stickers to be visible.

They can no longer be partially covered by a license frame. Motorists who don’t comply with the law can be cited for an infraction. A warning will be issued for the first year of the law. After Nov. 30, 2010, a fine of up to $100 may be charged.

Law enforcement officials say that having the information visible increases the readability of registration visibility and helps identify vehicles registered in North Carolina.

Another new law allows a judge to issue a permanent order in a sex offense case barring the offender from having any contact with the victim. Sex offenders will also be ineligible to receive a commercial driver’s license with endorsements that qualify a person to drive a bus with children as passengers.

The prison sentence bill would reduce the amount of time that some inmates have to spend behind bars, a move seen as a cost-cutting measure.

The bill was somewhat controversial. Critics argued that it was unwise to cut such sentences. Supporters, however, said that a number of law enforcement agencies backed the bill.

Barry Smith can be reached at bsmith@link.freedom.com.

It’s the law
The following are among the more than two dozen new laws taking effect Dec. 1, 2009
— No texting while driving. It will be illegal to type in or read text messages or emails while operating a vehicle on a public highway or street. The new law does not apply if the driver is parked or stopped. Penalty: a $100 fine plus court costs.
— School bus cameras. School systems will be able to use an automated camera or video recording systems to detect and prosecute people who pass stopped school buses.
— Plea bargains disclosed. If a judge, in open courts, rejects a plea bargain agreement, then the rejection will be made a part of the court record.
— Targeted picketing prohibited. Picketing directed at a particular person’s residence would be prohibited if the picketing would cause a reasonable person to fear for his or her safety, or the safety of a family member, or if it would cause substantial emotional distress.
— Child support enforcement. Judges would have more sentencing flexibility to aid attempts to collect child support.
— Reptile regulation. Enclosures containing venomous reptiles are to be escape-proof and clearly labeled. Similar regulations would be in place for large constricting snakes and other reptiles.
— Strengthen child labor laws. Penalties for many child labor law violations would be doubled from $250 to $500. Subsequent violations could result in a $1,000 fine.
— Probation reform. More juvenile records would be available to probation officers once an offender reaches adult court. In addition, people on probation would submit to warrantless searches.
— Electronic monitoring. It will be a crime to remove or damage electronic monitoring devices, such as those used on people under house arrest.
— License plate frame covers. The state name and the month and year expiration dates must not be covered by license plate frames. Warnings will be issued during the first year. After that, violators could face a $100 fine.
— Salvia Divinorum illegal. The hallucinogenic herb will now be considered a controlled substance.
Sources: N.C. General Assembly, Freedom Raleigh Bureau