The year 2020 has rolled in like so many others and like nearly all new years, it brings new laws on the books. Here is a rundown of some of the laws beginning with one to protect our state’s children.
• State representatives have been working to strengthen the state’s sexual assault laws. A law designed to protect North Carolina children increases school personnel training requirements about reporting and preventing child sexual abuse and sex trafficking in schools. All public school employees who work with students must be trained about the warning signs of abuse. It will now be a Class 1 misdemeanor if an adult fails to call authorities when child abuse is suspected. In addition, statutes of limitations are being extended for civil suits against abusers.
• New North Carolina legislation raises the age for non-violent crime charges so 16 and 17 year-olds will no longer be charged as adults in those crimes deemed non-violent. North Carolina is one of the last states to make this change and it is still up to the discretion of the court. Driving while impaired and motor vehicle cases will continue to be dealt with by adult courts.
• One many people will probably find interesting is House Bill 474-Death by Distribution, the new legislation which punishes drug dealers who sell to people who overdose. The drugs included are opioids, opiates, opium, cocaine, synthetics, natural salts used in preparation and more. Dealers may face many years in prison, even if prosecutors cannot prove the seller acted with malice.
• Child sexual abuse victims may now sue for civil damages until he or she is 28. Victims older than 28 may sue for civil damages during a one-time window clause from 2020 until 2021.
• North Carolina women are now lawfully able to revoke sexual consent after giving it. The new law also strikes down a 2008 court decision that said assault laws don’t apply to people incapacitated because of their own actions.
• The criminal penalty for someone who assaults an officer or first responder with a gun has been increased.
• Drivers who do not follow the Move Over laws now face increased punishment. Drivers who go around roadblocks protecting from flooded areas now face a misdemeanor.
• It is now a crime for anyone to impersonate a driver of a ride-sharing company.
Some of the new laws which may impact local residents include:
• House Bill 1014 is an act which allows the state of North Carolina to continue participation in the 2020 Voting District Verification Project with the United States Bureau of the Census. It also establishes a process to review precinct lines in advance of the 2030 census. HB 1014 also references NC General Statute 163A-1071, which says no county board of elections may change a precinct boundary unless approved by the Executive Director of the State Board. In addition, all precinct boundaries must coincide with Census block boundaries and precincts may only consist of contiguous territory. There are several other stipulations involved in the precinct boundaries, as well.
• House Bill 755 is an act creating a comprehensive legal framework for selling travel insurance in North Carolina. The General Assembly of North Carolina enacted as rewritten SECTION 1. G.S. 58-33-19, declaring what entities may sell limited lines travel insurance. The statute also defines what travel insurance is, what it may cover, how it is to be offered, what taxes travel insurers must pay, and more.
• Senate Bill 252 is an act clarifying provider and patient rights regarding dental services covered in health benefit plans. In June, the North Carolina General Assembly finalized a rewrite of G.S. 58-50-290 which now reads as rewritten: "§ 58-50-290. Health benefit plans or insurers contracting for provision of dental services; no limitation on fees for non-covered services or on methods of claims payment.” To paraphrase the rest of the bill, stand-alone dental insurers may not set limits on dental fees which are not covered under the contract. In addition, Section 3 of the bill states a dental insurer may not retract its commitment to pay for services after determining they will be covered unless the patient’s medical condition was misrepresented by the provider or the patient.
Every new law has several facets and much more information. For those who want more details, that information is available at: https://ncleg.gov.