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SESSION 2009
H 5
HOUSE BILL 945
Committee Substitute Favorable 4/15/09
Committee Substitute #2 Favorable 5/5/09
Senate Rules and Operations of the Senate Committee Substitute Adopted 8/7/09
Corrected Copy 8/10/09
1 A BILL TO BE ENTITLED
2 AN ACT TO PROVIDE FOR STUDIES BY THE COMMISSION, STATUTORY
3 OVERSIGHT COMMITTEES AND COMMISSIONS, AND OTHER AGENCIES,
4 COMMITTEES, AND COMMISSIONS.
5 The General Assembly of North Carolina enacts:
6
7 PART I. TITLE
8 SECTION 1. This act shall be known as "The Studies Act of 2009."
9
10 PART II. LEGISLATIVE RESEARCH COMMISSION
11 SECTION 2.1. The Legislative Research Commission may study the topics listed
12 below. When applicable, the bill or resolution that originally proposed the issue or study and
13 the name of the sponsor are listed. Unless otherwise specified, the listed bill or resolution refers
14 to the measure introduced in the 2009 General Assembly. The Commission may consider the
15 original bill or resolution in determining the nature, scope, and aspects of the study.
16 SECTION 2.2. Child Support Guidelines Regarding Child Support Arrearage That
17 Does Not Accrue for a Parent Who is Incarcerated (S.J.R. 1063 – Boseman) – The Commission
18 may study North Carolina child support guidelines regarding child support arrearage that does
19 not accrue for a parent who is incarcerated, including the impact the lack of arrearage accrual
20 has on the nonincarcerated parent.
21 SECTION 2.3. Standards Applied in Disputed Child Custody Cases (S.J.R. 872 –
22 Clodfelter; H.B. 670 – Goodwin, Farmer-Butterfield; H.B. 1174 – Pierce, Wainwright) – The
23 Commission may study the standards applied in disputed child custody cases and the need for
24 any modification of existing standards, including the possible adoption of a presumptive joint
25 custody standard in some or all disputed child custody cases.
26 SECTION 2.4. Youth Transitioning Out of Foster Care (S.B. 948 – Malone, Snow;
27 H.B. 783 – M. Alexander, Earle, Adams, Wiley) – The Commission may study the needs of
28 youth transitioning out of the foster care system.
29 SECTION 2.5. Family Violence and Child Custody (S.B. 1064 – Boseman; H.B.
30 860 – Goodwin, McLawhorn, Farmer-Butterfield) – The Commission may study the issue of
31 child custody and the impact family violence has on child custody decisions rendered in North
32 Carolina.
*H945-v-5*
General Assembly Of North Carolina Session 2009
1 SECTION 2.6. Civil Custody Guardian Program (H.B. 1275 – Insko) – The
2 Commission may study the feasibility and desirability of creating a statewide Civil Custody
3 Guardian Program.
4 SECTION 2.7. Juvenile Justice Administration (S.B. 1048 – Kinnaird; H.B. 1414 –
5 Bordsen, Bryant, Glazier, Parmon) – The Commission may study issues related to juvenile
6 justice administration and may analyze the legal, systematic, and organizational impact of
7 expanding the jurisdiction of the Department of Juvenile Justice and Delinquency Prevention to
8 include persons 16 and 17 years of age who commit crimes or infractions under State law or
9 under an ordinance of local government.
10 SECTION 2.8. Grandparents' Visitation Rights (S.B. 342 – Goss; H.B. 590 –
11 Randleman, McCormick, Howard, Brisson) – The Commission may study grandparents'
12 visitation rights in North Carolina.
13 SECTION 2.9. Parenting Education (H.B. 1308 – M. Alexander) – The
14 Commission may study current practices relating to the provision of parenting education in the
15 State in order to enhance parents' and parenting partners' competence and confidence to
16 improve child-rearing knowledge and skills.
17 SECTION 2.10. Work and Family Balance (H.B. 177 – Adams, Ross, Blue,
18 Wainwright) – The Commission may study issues related to work and family balance.
19 SECTION 2.11. After-School Child Care and Related Programs (S.B. 869 –
20 Stevens, Malone; H.B. 1405 – Carney, Goforth) – The Commission may study after-school
21 child care and related programs.
22 SECTION 2.12. Preservation of Culture and Customs of Indian Children (H.B. 945
23 – Sutton) – The Commission may study any issues or matters that would impact the
24 preservation of the customs and culture of Indian children who are not covered under the
25 ICWA and who are the subject of legal proceedings in State courts, including, but not limited
26 to, adoption, custody, and visitation.
27 SECTION 2.13. Youth Violence (H.B. 1279 – Pierce, Mobley, Bryant, Parmon) –
28 The Commission may study the causes and effects of youth violence in North Carolina and
29 may review current State, local, and private efforts to prevent youth violence, including
30 working cooperatively with the Department of Juvenile Justice and Delinquency Prevention on
31 youth violence issues that may overlap with the ongoing work of that Department.
32 SECTION 2.14. Issues Related to Sexual Abuse and Violence (H.B. 1605 –
33 Bordsen, Glazier, Insko, Farmer-Butterfield) – The Commission may study issues related to
34 sexual abuse and violence.
35 SECTION 2.15. Ex-Offender Reintegration Into Society (S.B. 496 – Jones; H.B.
36 527 – Pierce, Bryant, Jones, Ross) – The Commission may study issues related to reintegration
37 into society for people with criminal records. Specifically, the Commission may study how
38 North Carolina and other states address barriers facing ex-offenders in accessing jobs, housing,
39 education, training, and services and determine best practices that reduce recidivism.
40 SECTION 2.16. Sentencing and Prison Overcrowding (S.B. 1046 – Kinnaird; H.B.
41 1092 – Bordsen, Love) – The Commission may study the State's current sentencing laws and
42 policies, consider the current availability, use, and effectiveness of alternative punishments, and
43 evaluate how all of those contribute to the increasing number of nonviolent offenders housed in
44 State and local government correctional facilities.
45 SECTION 2.17. Prison Overcrowding, Incarceration of Nonviolent Felons, and
46 Modified Sentences (S.B. 972 – Rand) – The Commission may study issues related to prison
47 overcrowding, the State's policies and laws regarding incarceration of nonviolent felons, and
48 the feasibility of modifying sentences for nonviolent offenses.
49 SECTION 2.18. Post-Conviction and Post-Release Bond (H.B. 1338 – Gibson,
50 Brubaker) – The Commission may study the feasibility of reducing prison overcrowding