A BILL TO BE ENTITLED
AN ACT TO AMEND THE QUALIFICATIONS FOR individuals nominated as MAGISTRATES, TO PROVIDE ADDITIONAL AUTHORITY FOR MAGISTRATES and clerks of court, and TO PROVIDE FOR THE EXPUNCTION OF RECORDS WHEN CHARGES ARE Voluntarily DISMISSED AS A RESULT OF MISIDENTIFICATION.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7A‑171.2(b) reads as rewritten:
"(b)	To be eligible for nomination as a magistrate, an individual shall have at least 12 years' experience as a Clerk of Superior Court in this State, or shall have a four‑year degree from an accredited senior institution of higher education or shall have a two‑year associate degree and four years of work experience in a related field, including teaching, social services, law enforcement, arbitration or mediation, the court system, or counseling. The Administrative Officer of the Courts may determine whether the work experience is sufficiently related to the duties of the office of magistrate for the purposes of this subsection. In determining whether an individual's work experience is in a related field, the Administrative Officer of the Courts shall consider the requisite knowledge, skills, and abilities for the office of magistrate.
The eligibility requirements prescribed by this subsection do not apply to individuals holding the office of magistrate on June 30, 1994, and do not apply to individuals who have been nominated by June 30, 1994, but who have not been appointed or taken the oath of office by that date."
SECTION 2.(a)  G.S. 7A‑273 reads as rewritten:
"§ 7A‑273.  Powers of magistrates in infractions or criminal actions.
(a)	In criminal actions or infractions, any magistrate has power:
(1)	In infraction cases in which the maximum penalty that can be imposed is not more than fifty dollars ($50.00), exclusive of costs, or in Class 3 misdemeanors, other than the types of infractions and misdemeanors specified in subdivision (2) of this subsection, to accept guilty pleas or admissions of responsibility and enter judgment;
(2)	In misdemeanor or infraction cases involving alcohol offenses under Chapter 18B of the General Statutes, traffic offenses, hunting, fishing, State park and recreation area rule offenses under Chapter 113 of the General Statutes, boating offenses under Chapter 75A of the General Statutes, and littering offenses under G.S. 14‑399(c), to accept written appearances, waivers of trial or hearing and pleas of guilty or admissions of responsibility, in accordance with the schedule of offenses and fines or penalties promulgated by the Conference of Chief District Judges pursuant to G.S. 7A‑148, and in  these cases, to enter judgment and collect the fines or penalties and costs;
(2a)	In misdemeanor cases involving the violation of a county ordinance authorized by law regulating the use of dune or beach buggies or other power‑driven vehicles specified by the governing body of the county on the foreshore, beach strand, or the barrier dune system, to accept written appearances, waivers of trial or hearing, and pleas of guilty or admissions of responsibility, in accordance with the schedule of offenses and fines or penalties promulgated by the Conference of Chief District Court Judges pursuant to G.S. 7A‑148, and in such cases, to enter judgment and collect the fines or penalties and costs;
(3)	To issue arrest warrants valid throughout the State;
(4)	To issue search warrants valid throughout the county;
(5)	To grant bail before trial for any noncapital offense;
(6)	Notwithstanding the provisions of subdivision (1) of this section, to hear and enter judgment as the chief district judge shall direct in all worthless check cases brought under G.S. 14‑107, when the amount of the check is two thousand dollars ($2,000) or less. Provided, however, that under this section magistrates may not impose a prison sentence longer than 30 days;
(7)	To conduct an initial appearance as provided in G.S. 15A‑511; and
(8)	To accept written appearances, waivers of trial and pleas of guilty in violations of G.S. 14‑107 when the amount of the check is two thousand dollars ($2,000) or less, restitution, including service charges and processing fees allowed by G.S. 14‑107, is made, and the warrant does not charge a fourth or subsequent violation of this statute, and in these cases to enter judgments as the chief district judge directs.
(9)	Repealed by Session Laws 1991 (Regular Session, 1992), c. 900, s. 118(d).
(b)	A magistrate has the additional authority, if so assigned by the chief district court judge and subject to any limitations imposed by the chief district court judge, to hear, decide, and enter judgment in all infractions and Class 3 misdemeanor cases, regardless of penalty or offense.  The additional authority granted in this subsection may be assigned to a magistrate only with the consent of the clerk of superior court of the county in which the magistrate is assigned and after consultation with the district attorney."
SECTION 2.(b)  G.S. 15A‑1115(a) reads as rewritten:
"(a)	Appeal of District Court Decision. – A person who denies responsibility and is found responsible for an infraction in the district court, before a magistrate pursuant to G.S. 7A-273(b), before the clerk of superior court pursuant to G.S. 7A‑180(10), or before the assistant clerk of superior court pursuant to G.S. 7A-181(b) within 10 days of the hearing, may appeal the decision to the criminal division of the superior court for a hearing de novo. Upon appeal, the defendant is entitled to a jury trial unless he consents to have the hearing conducted by the judge. The State must prove beyond a reasonable doubt that the person charged is responsible for the infraction unless the person admits responsibility. Unless otherwise provided by law, the procedures applicable to misdemeanors disposed of in the superior court apply to those infraction hearings. In the superior court, a prosecutor must represent the State. Appeal from the judgment in the superior court is as provided for other criminal actions in superior court, and the Attorney General must represent the State in an appeal of such actions."
SECTION 3.(a)  G.S. 7A‑180 is amended by adding a new subdivision to read:
"(10)	Has the power, upon the mutual consent of the chief district court judge and clerk of superior court and after consultation with the district attorney of the county in which the clerk of superior court serves, to hear, decide, and enter judgment in all infraction and Class 3 misdemeanor cases, regardless of penalty or offense."  
SECTION 3.(b)  G.S. 7A‑181 reads as rewritten:
"§ 7A‑181.  Functions of assistant and deputy clerks of superior court in district court matters.
(a)	Assistant and deputy clerks of superior court:
(1)	Have the same powers and duties with respect to matters in the district court division as they have in the superior court division;
(2)	Have the same powers as the clerk of superior court with respect to the issuance of warrants and acceptance of written appearances, waivers of trial and pleas of guilty; and
(3)	Have the same power as the clerk of superior court to fix conditions of release in accordance with Chapter 15A, Article 26, Bail, and the same power as the clerk of superior court to conduct an initial appearance in accordance with Chapter 15A, Article 24, Initial Appearance. 
(b)	An assistant clerk of superior court also has the power, upon the mutual consent of the chief district court judge and clerk of superior court and after consultation with the district attorney of the county in which the assistant clerk of superior court serves, to hear, decide, and enter judgment in all infraction and Class 3 misdemeanor cases, regardless of penalty or offense."
SECTION 3.(c)  G.S. 15A‑1431 reads as rewritten:
"§ 15A‑1431.  Appeals by defendants from magistrate, clerk of superior court, assistant clerk of superior court, and district court judge; trial de novo.
(a)	A defendant convicted before a magistrate pursuant to G.S. 7A-273(a) may appeal for trial de novo before a district court judge without a jury. A defendant convicted before a magistrate pursuant to G.S. 7A-273(b), before a clerk of superior court pursuant to G.S. 7A-180(10), or before an assistant clerk of superior court pursuant to G.S. 7A-181(b) may appeal the decision to the criminal division of the superior court for a hearing de novo.
(b)	A defendant convicted in the district court before the judge may appeal to the superior court for trial de novo with a jury as provided by law. Upon the docketing in the superior court of an appeal from a judgment imposed pursuant to a plea arrangement between the State and the defendant, the jurisdiction of the superior court over any misdemeanor dismissed, reduced, or modified pursuant to that plea arrangement shall be the same as was had by the district court prior to the plea arrangement.
(c)	Within 10 days of entry of judgment, notice of appeal may be given orally in open court or in writing to the clerk. Within 10 days of entry of judgment, the defendant may withdraw his appeal and comply with the judgment. Upon expiration of the 10‑day period, if an appeal has been entered and not withdrawn, the clerk  shall transfer the case to the appropriate court.
(d)	A defendant convicted by a  magistrate, clerk of superior court pursuant to G.S. 7A-180(10), assistant clerk of superior court pursuant to G.S. 7A‑181(b), or district court judge is not barred from appeal because of compliance with the judgment, but notice of appeal after compliance  shall be given by the defendant in person to the judicial official who heard the case or, if  that official is not available, notice  shall be given in one of the following ways:
(1)	Before a magistrate in the county, in the case of appeals from the  magistrate.
(1a)	Before an assistant clerk of superior court in the county, in the case of appeals from the clerk or assistant clerk of superior court.
(2)	During an open session of district court in the district court district as defined in G.S. 7A‑133, in the case of appeals from district court.
The  magistrate, clerk, assistant clerk, or district court judge  shall review the case and fix conditions of pretrial release as appropriate. If a defendant has paid a fine or costs and then appeals, the amount paid  shall be remitted to the defendant, but the judge, clerk, assistant clerk, or magistrate to whom notice of appeal is given may order the remission delayed pending the determination of the appeal.
(e)	Any order of pretrial release remains in effect pending appeal by the defendant unless the judge modifies the order.
(f)	Appeal pursuant to this section stays the execution of portions of the judgment relating to fine and costs. Appeal stays portions of the judgment relating to confinement when the defendant has complied with conditions of pretrial release. If the defendant cannot comply with conditions of pretrial release, the judge may order confinement in a local confinement facility pending the trial de novo in superior court.
(g)	The defendant may withdraw his appeal at any time prior to calendaring of the case for trial de novo. The case is then automatically remanded to the court from which the appeal was taken, for execution of the judgment.
(h)	The defendant may withdraw his appeal after the calendaring of the case for trial de novo only by consent of the court, and with the attachment of costs of that court, unless the costs or any part of the costs are remitted by the court. The case may then be remanded by order of the court to the court from which the appeal was taken for execution of the judgment with any additional court costs that attached and that have not been remitted."
SECTION 3.(d)  Article 5 of Chapter 45 of the General Statutes is amended to add a new section to read:
"§ 45-45.3.  Clerk of superior court as trustee in a mortgage or deed of trust.
(a)	When the clerk of superior court is named trustee in any mortgage or deed of trust, it shall be sufficient to identify the office and county only. The name of the clerk may be omitted.
(b)	Whenever a clerk of superior court is named, whether by name or office, as trustee in any deed of trust or mortgage in which the State is named as beneficiary and that is given to secure the appearance of the grantor or mortgagor in a case pending in the General Court of Justice, the authority of the trustee shall be vested in the office of the clerk of superior court of the county in which the subject property is located. This authority shall include the authority to discharge and release the deed of trust or mortgage of record."
SECTION 4.  G.S. 15A‑147 reads as rewritten:
"§ 15A‑147.  Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity fraud or misidentification.
(a)	If any person is named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result of another person using the identifying information of the named person to commit an infraction or crime and the charge against the named person is dismissed, a finding of not guilty is entered, or the conviction is set aside, the named person may apply by petition or written motion to the court where the charge was last pending on a form approved by the Administrative Office of the Courts supplied by the clerk of court for an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial. The court, after notice to the district attorney, shall hold a hearing on the motion or petition and, upon finding that the person's identity was used without permission and the charges were dismissed or the person was found not guilty, the court shall order the expunction.
(a1)	If any person is named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result of misidentification and the charge against the named person is voluntarily dismissed, the named person may apply by petition or written motion to the court where the charge was last pending on a form approved by the Administrative Office of the Courts supplied by the clerk of court for an order to expunge from all official records any entries relating to the person's apprehension, or charge. The court, after notice to the district attorney, shall hold a hearing on the motion or petition and, upon finding that the person was mistakenly identified and the charges were voluntarily dismissed, the court shall order the expunction.
(b)	No person as to whom such an order has been entered under this section shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person's failure to recite or acknowledge any expunged entries concerning apprehension, charge, or trial.
(c)	The court shall also order that the said entries shall be expunged from the records of the court and direct all law enforcement agencies, the Division of Motor Vehicles, or any other State or local government agencies bearing record of the same to expunge their records of the entries. The clerk shall forward a certified copy of the order to the sheriff, chief of police, or other charging agency; and, when applicable, to the Division of Motor Vehicles and any other State or local agency. The sheriff, chief, or head of such other charging agency shall then transmit the copy of the order with the form supplied by the State Bureau of Investigation to the State Bureau of Investigation, and the State Bureau of Investigation shall forward the order to the Federal Bureau of Investigation. Upon receipt of a certified copy of the order, the agency must purge its records as required by this section. The costs of expunging these records shall not be taxed against the petitioner.
(d)	The Division of Motor Vehicles shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section. The Division of Motor Vehicles shall also reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged, including the assessment of drivers license points and drivers license suspension or revocation. Notwithstanding any other provision of this Chapter, the Division of Motor Vehicles shall provide to the person whose motor vehicle record is expunged under this section a certified corrected driver history at no cost and shall reinstate at no cost any drivers license suspended or revoked as a result of a charge or conviction expunged under this section.
(e)	Any other applicable State or local government agency shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section. The agency shall also reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged. Notwithstanding any other provision of law, the normal fee for any reinstatement of a license or privilege resulting under this section shall be waived.
(f)	Any insurance company that charged any additional premium based on insurance points assessed against a policyholder as a result of a charge or conviction that was expunged under this section shall refund those additional premiums to the policyholder upon notification of the expungement."
SECTION 5.  Sections 1, 2, 3(a), 3(b), and 3(c) of this act become effective December 1, 2002, and apply to cases pending or filed on or after that date.  Section 3(d) is effective when it becomes law and applies to all mortgages or deeds of trust of record on or after that date. The remainder of this act is effective when it becomes law.