State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1382_1

§ 15A‑1382.1.  Reportsof disposition; domestic violence; sentencing.

(a)        When a defendant isfound guilty of an offense involving assault, or communicating a threat, thepresiding judge shall determine whether the defendant and victim had a personalrelationship. If the judge determines that there was a personal relationshipbetween the defendant and the victim, then the judge shall indicate on the formreflecting the judgment that the case involved domestic violence. The clerk ofcourt shall insure that the official record of the defendant's convictionincludes the court's determination, so that any inquiry into the defendant'scriminal record will reflect that the offense involved domestic violence.

(b)        If the presidingjudge determines that there was a personal relationship between the defendantand the victim, and a sentence to community punishment is imposed, the judgeshall determine whether the defendant shall comply with one or more of thespecial conditions of probation set forth at G.S. 15A‑1343(b1), inaddition to any other authorized punishment. Notwithstanding the provisions ofG.S. 15A‑1340.11(6)c, the court may require the defendant to comply withthe provisions of G.S. 15A‑1343(b1)(3c).

(c)        The followingdefinitions apply to this section:

(1)        "An offenseinvolving assault" includes any offense where an assault occurred, whetheror not the conviction is for an offense under Article 8 of Chapter 14 of theGeneral Statutes.

(2)        "Inquiry"shall include any lawful review of the criminal records of persons convicted ofan offense in this State, whether by law enforcement personnel or by privateindividuals.

(3)        "Personalrelationship" is as defined in G.S. 50B‑1(b). (2004‑186, s. 11.1.)