H.B. 636
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 17, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10173-NDf-7
Short Title: Enact Criminal Justice Debt Reform. (Public)
Sponsors: Representative Alston.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO PROMOTE CRIMINAL JUSTICE DEBT REFORM.
3 The General Assembly of North Carolina enacts:
4
5 PART I. MODIFY ASSESSMENT REQUIREMENTS AND REPORTING
6 SURROUNDING COURT COSTS AND FEES
7 SECTION 1.(a) G.S. 7A-304 reads as rewritten:
8 "§ 7A-304. Costs in criminal actions.
9 (a) In every criminal case in the superior or district court, wherein the defendant is
10 convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the
11 prosecuting witness, the court shall determine the defendant's ability to pay any costs assessed
12 and shall then, weighing that determination, assess and collect the following costs shall be
13 assessed and collected. costs. No costs may be assessed when a case is dismissed. Only upon
14 entry of a written order, supported by findings of fact and conclusions of law, determining that
15 there is just cause, the court may (i) waive costs assessed under this section or (ii) waive or reduce
16 costs assessed under subdivision (7), (8), (8a), (11), (12), or (13) of this section. No court may
17 waive or remit all or part of any court fines or costs without providing notice and opportunity to
18 be heard by all government entities directly affected. The court shall provide notice to the
19 government entities directly affected of (i) the date and time of the hearing and (ii) the right to
20 be heard and make an objection to the remission or waiver of all or part of the order of court costs
21 at least 15 days prior to hearing. Notice shall be made to the government entities affected by
22 first-class mail to the address provided for receipt of court costs paid pursuant to the order. The
23 costs referenced in this subsection are listed below:
24 …
25 (6) For support of the General Court of Justice, the sum of two one hundred
26 dollars ($200.00) ($100.00) is payable by a defendant who fails to appear to
27 answer the charge as scheduled, unless within 20 days after the scheduled
28 appearance, the person either appears in court to answer the charge or disposes
29 of the charge pursuant to G.S. 7A-146, and the sum of fifty dollars ($50.00) is
30 payable by a defendant who fails to pay a fine, penalty, or costs within 40 days
31 of the date specified in the court's judgment. The fee for failure to appear shall
32 only be collected once in a criminal case. Upon a showing to the court that the
33 defendant failed to appear because of an error or omission of a judicial official,
34 a prosecutor, or a law-enforcement officer, the court shall waive the fee for
35 failure to appear. These fees shall be remitted to the State Treasurer.
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 General Assembly Of North Carolina Session 2023
1 (7) For the services of the North Carolina State Crime Laboratory facilities, the
2 district or superior court judge shall, upon conviction, order payment of the
3 costs actually incurred for the services, not to exceed the sum of six hundred
4 dollars ($600.00) ($600.00), to be remitted to the Department of Justice for
5 support of the Laboratory. This cost shall be assessed only in cases in which,
6 as part of the investigation leading to the defendant's conviction, the
7 laboratories have performed DNA analysis of the crime, tests of bodily fluids
8 of the defendant for the presence of alcohol or controlled substances, or
9 analysis of any controlled substance possessed by the defendant or the
10 defendant's agent.
11 (8) For the services of any crime laboratory facility, the district or superior court
12 judge shall, upon conviction, order payment of the costs actually incurred for
13 the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00),
14 to be remitted to the general fund of the local governmental unit that operates
15 the laboratory or paid for the laboratory services. The funds shall be used for
16 law enforcement purposes. The cost shall be assessed only in cases in which,
17 as part of the investigation leading to the defendant's conviction, the
18 laboratory has performed DNA analysis of the crime, test of bodily fluids of
19 the defendant for the presence of alcohol or controlled substances, or analysis
20 of any controlled substance possessed by the defendant or the defendant's
21 agent. The costs shall be assessed only if the court finds that the work
22 performed at the laboratory is the equivalent of the same kind of work
23 performed by the North Carolina State Crime Laboratory under subdivision
24 (7) of this subsection.
25 (8a) For the services of any private hospital performing toxicological testing under
26 contract with a prosecutorial district, the district or superior court judge shall,
27 upon conviction, order payment of the costs actually incurred for the services,
28 not to exceed the sum of six hundred dollars ($600.00) ($600.00), to be
29 remitted to the State Treasurer for the support of the General Court of Justice.
30 The cost shall be assessed only in cases in which, as part of the investigation
31 leading to the defendant's conviction, the laboratory has performed testing of
32 bodily fluids of the defendant for the presence of alcohol or controlled
33 substances. The costs shall be assessed only if the court finds that the work
34 performed by the local hospital is the equivalent of the same kind of work
35 performed by the North Carolina State Crime Laboratory under subdivision
36 (7) of this subsection.
37 …
38 (9a) For the services of the North Carolina State Crime Laboratory facilities, the
39 district or superior court judge shall, upon conviction, order payment of the
40 costs actually incurred for the services, not to exceed the sum of six hundred
41 dollars ($600.00) ($600.00), to be remitted to the Department of Justice to be
42 used for laboratory purposes. This cost shall be assessed only in cases in
43 which, as part of the investigation leading to the defendant's conviction, the
44 laboratories have performed digital forensics, including the seizure, forensic
45 imaging, and acquisition and analysis of digital media.
46 (9b) For the services of any crime laboratory facility, the district or superior court
47 judge shall, upon conviction, order payment of the costs actually incurred for
48 the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00),
49 to be remitted to the general fund of the local law enforcement unit that
50 operates the laboratory or paid for the laboratory services. The funds shall be
51 used for laboratory services. The cost shall be assessed only in (i) cases in
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1 which, as part of the investigation leading to the defendant's conviction, the
2 laboratory has performed digital forensics, including the seizure, forensic
3 imaging, and acquisition and analysis of digital media, and (ii) if the court
4 finds that the work performed at the laboratory is the equivalent of the same
5 kind of work performed by the North Carolina State Crime Laboratory under
6 subdivision (9a) of this subsection.
7 …
8 (11) For the services of an expert witness employed by the North Carolina State
9 Crime Laboratory who completes a chemical analysis pursuant to
10 G.S. 20-139.1, a forensic analysis pursuant to G.S. 8-58.20, or a digital
11 forensics analysis and provides testimony about that analysis in a defendant's
12 trial, the district or superior court judge shall, upon conviction of the
13 defendant, order payment of the costs actually incurred for the services, not to
14 exceed the sum of six hundred dollars ($600.00) ($600.00), to be remitted to
15 the Department of Justice for support of the State Crime Laboratory. This cost
16 shall be assessed only in cases in which the expert witness provides testimony
17 about the chemical or forensic analysis in the defendant's trial and shall be in
18 addition to any cost assessed under subdivision (7) or (9a) of this subsection.
19 (12) For the services of an expert witness employed by a crime laboratory who
20 completes a chemical analysis pursuant to G.S. 20-139.1, a forensic analysis
21 pursuant to G.S. 8-58.20, or a digital forensics analysis and provides
22 testimony about that analysis in a defendant's trial, the district or superior court
23 judge shall, upon conviction of the defendant, order payment of the costs
24 actually incurred for the services, not to exceed the sum of six hundred dollars
25 ($600.00) ($600.00), to be remitted to the general fund of the local
26 governmental unit that operates the laboratory or paid for the laboratory
27 services. The funds shall be used for laboratory services. This cost shall be
28 assessed only in cases in which the expert witness provides testimony about
29 the chemical or forensic analysis in the defendant's trial and shall be in
30 addition to any cost assessed under subdivision (8) or (9b) of this subsection.
31 (13) For the services of an expert witness employed by a private hospital
32 performing toxicological testing under contract with a prosecutorial district
33 who completes a chemical analysis pursuant to G.S. 20-139.1 and provides
34 testimony about that analysis in a defendant's trial, the district or superior court
35 judge shall, upon conviction of the defendant, order payment of the costs
36 actually incurred for the services, not to exceed the sum of six hundred dollars
37 ($600.00) ($600.00), to be remitted to the State Treasurer for the support of
38 the General Court of Justice. This cost shall be assessed only in cases in which
39 the expert witness provides testimony about the chemical analysis in the
40 defendant's trial and shall be in addition to any cost assessed under subdivision
41 (8a) of this subsection.
42 …
43 (a2) The Administrative Office of the Courts shall report on October 1, 2018, and annually
44 thereafter, to the Joint Legislative Oversight Committee on Justice and Public Safety on the
45 implementation of the notice of waiver of costs to the government entities directly affected as
46 required by subsection (a) of this section.
47 …
48 (f) The court may allow a defendant owing monetary obligations under this section to
49 either make payment in full when costs are assessed or make payment on an installment plan
50 arranged with the court. Defendants making use of an installment plan shall pay a onetime setup
51 fee of twenty dollars ($20.00) to cover the additional costs to the court of receiving and disbursing
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1 installment payments. Fees collected under this subsection shall be remitted to the State Treasurer
2 for support of the General Court of Justice.When making that determination, the court shall
3 consider at a minimum the following factors:
4 (1) The defendant's monthly income in relation to the relevant federal poverty
5 guidelines for the defendant's household size.
6 (2) Whether the defendant receives public assistance, including, but not limited
7 to, food assistance, Medicaid, Social Security Insurance, and Temporary
8 Assistance for Needy Families.
9 (3) The defendant's living arrangements and ability to afford or otherwise procure
10 housing.
11 (4) Whether the defendant resides in a mental health or substance abuse treatment
12 facility.
13 (5) Any limits on the defendant's ability to secure employment, including, but not
14 limited to, lack of access to transportation, limitations upon the defendant's
15 driving privileges, availability of child care for dependents, and any other
16 relevant factors.
17 …."
18 SECTION 1.(b) G.S. 7A-350 is repealed.
19 SECTION 1.(c) This section is effective when it becomes law and applies to costs
20 and fees assessed on or after that date.
21
22 PART II. CLARIFY LANGUAGE TO PRECLUDE IMPRISONMENT FOR
23 NONPAYMENT OF FINES AND FEES WHEN ACTIVE SENTENCE IMPOSED
24 SECTION 2.(a) G.S. 15A-1364(a) reads as rewritten:
25 "(a) Response to Default. – When a defendant who has been required to pay a fine or costs
26 or both defaults in payment or in any installment, the court, upon the motion of the prosecutor or
27 upon its own motion, may require the defendant to appear and show cause why he should not be
28 imprisoned or may rely upon a conditional show cause order entered under G.S. 15A-1362(c).
29 When making that determination, the court shall consider at a minimum the following factors:
30 (1) The defendant's monthly income in relation to the relevant federal poverty
31 guidelines for the defendant's household size.
32 (2) Whether the defendant receives public assistance, including, but not limited
33 to, food assistance, Medicaid, Social Security Insurance, and Temporary
34 Assistance for Needy Families.
35 (3) The defendant's living arrangements and ability to afford or otherwise procure
36 housing.
37 (4) Whether the defendant resides in a mental health or substance abuse treatment
38 facility.
39 (5) Any limits on the defendant's ability to secure employment, including, but not
40 limited to, lack of access to transportation, limitations upon the defendant's
41 driving privileges, availability of child care for dependents, and any other
42 relevant factors.
43 If the defendant fails to appear, an order for his arrest may be issued. This subsection shall
44 not apply to a defendant who has received an active sentence in the same case in which the
45 defendant has defaulted on the payment of a fine or costs."
46 SECTION 2.(b) G.S. 15A-1365 reads as rewritten:
47 "§ 15A-1365. Judgment for fines docketed; lien and execution.
48 When a defendant has defaulted in payment of a fine or costs, the judge may order that the
49 judgment be docketed. Upon being docketed, the judgment becomes a lien on the real estate of
50 the defendant in the same manner as do judgments in civil actions. Executions on docketed
51 judgments may be stayed only when an appeal is taken and security is given as required in civil
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1 cases. If the judgment is affirmed on appeal to the appellate division, the clerk of the superior
2 court, on receipt of the certificate from the appellate division, must issue execution on the
3 judgment. The clerk may not issue an execution, however, if the fine or costs were imposed for
4 an offense other than trafficking in controlled substances or conspiring to traffic in controlled
5 substances under G.S. 90-95(h) and (i), respectively, and the defendant elects to serve the
6 suspended sentence, if any, or serve a term of 30 days, if no suspended sentence was imposed.is
7 serving an active sentence."
8
9 PART III. MODIFY THE LAWS G