North Carolina General Statutes 15A-1382.1. Reports of disposition; domestic violence; child abuse; sentencing
(a) When a defendant is found guilty of an offense involving assault, communicating a threat, or any of the acts as defined in N.C. Gen. Stat. § 50B-1(a), the presiding judge shall determine whether the defendant and victim had a personal relationship. If the judge determines that there was a personal relationship between the defendant and the victim, then the judge shall indicate in the judgment of conviction that the case involved domestic violence. The clerk of court shall insure that the official record of the defendant’s conviction includes the court’s determination, so that any inquiry into the defendant’s criminal record will reflect that the offense involved domestic violence.
(a1) When a defendant is found guilty of an offense involving child abuse or is found guilty of an offense involving assault or any of the acts as defined in N.C. Gen. Stat. § 50B-1(a) and the offense was committed against a minor, then the judge shall indicate in the judgment of conviction that the case involved child abuse. The clerk of court shall ensure that the official record of the defendant’s conviction includes the court’s determination, so that any inquiry into the defendant’s criminal record will reflect that the offense involved child abuse.
(b) Repealed by Session Laws 2012-39, s. 2, effective December 1, 2012, and applicable to defendants placed on probation on or after that date.
(c) The following definitions apply to this section:
(1) “An offense involving assault” includes any offense where an assault occurred, whether or not the conviction is for an offense under Article 8 of Chapter 14 of the N.C. Gen. Stat..
Terms Used In North Carolina General Statutes 15A-1382.1
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) “Inquiry” shall include any lawful review of the criminal records of persons convicted of an offense in this State, whether by law enforcement personnel or by private individuals.
(3) “Personal relationship” is as defined in N.C. Gen. Stat. § 50B-1(b). (2004-186, s. 11.1; 2012-39, s. 2; 2013-35, s. 2; 2013-123, s. 2; 2022-47, s. 16(r).)