State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-830

Article 46.

Crime Victims' RightsAct.

§ 15A‑830.  Definitions.

(a)        The followingdefinitions apply in this Article:

(1)        Accused. – A personwho has been arrested and charged with committing a crime covered by thisArticle.

(2)        Arresting lawenforcement agency. – The law enforcement agency that makes the arrest of anaccused.

(3)        Custodial agency. – Theagency that has legal custody of an accused or defendant arising from a chargeor conviction of a crime covered by this Article including, but not limited to,local jails or detention facilities, regional jails or detention facilities,facilities designated under G.S. 122C‑252 for the custody and treatmentof involuntary clients, or the Department of Correction.

(4)        Investigating lawenforcement agency. – The law enforcement agency with primary responsibilityfor investigating the crime committed against the victim.

(5)        Law enforcementagency. – An arresting law enforcement agency, a custodial agency, or aninvestigating law enforcement agency.

(6)        Next of kin. – Thevictim's spouse, children, parents, siblings, or grandparents. The term doesnot include the accused unless the charges are dismissed or the person is foundnot guilty.

(7)        Victim. – A personagainst whom there is probable cause to believe one of the following crimes wascommitted:

a.         A Class A, B1, B2,C, D, or E felony.

b.         A Class F felony ifit is a violation of one of the following: G.S. 14‑16.6(b); 14‑16.6(c);14‑18; 14‑32.1(e); 14‑32.2(b)(3); 14‑32.3(a); 14‑32.4;14‑34.2; 14‑34.6(c); 14‑41; 14‑43.3; 14‑43.11; 14‑190.17;14‑190.19; 14‑202.1; 14‑277.3A; 14‑288.9; 20‑138.5;or former G.S. 14‑277.3.

c.         A Class G felony ifit is a violation of one of the following: G.S. 14‑32.3(b); 14‑51;14‑58; 14‑87.1; or 20‑141.4.

d.         A Class H felony ifit is a violation of one of the following: G.S. 14‑32.3(a); 14‑32.3(c);14‑33.2; 14‑277.3A; or former G.S. 14‑277.3.

e.         A Class I felony ifit is a violation of one of the following: G.S. 14‑32.3(b); 14‑34.6(b);or 14‑190.17A.

f.          An attempt of anyof the felonies listed in this subdivision if the attempted felony ispunishable as a felony.

g.         Any of the followingmisdemeanor offenses when the offense is committed between persons who have apersonal relationship as defined in G.S. 50B‑1(b): G.S. 14‑33(c)(1);14‑33(c)(2); 14‑33(a); 14‑34; 14‑134.3; 14‑277.3A;or former G.S. 14‑277.3.

h.         Any violation of avalid protective order under G.S. 50B‑4.1.

(b)        If the victim isdeceased, then the next of kin, in the order set forth in the definitioncontained in this section, is entitled to the victim's rights under thisArticle. However, the right contained in G.S. 15A‑834 may only beexercised by the personal representative of the victim's estate. An individualentitled to exercise the victim's rights as a member of the class of next ofkin may designate anyone in the class to act on behalf of the class.  (1998‑212, s. 19.4(c);2001‑433, s. 1; 2001‑487, s. 120; 2001‑518, s. 2A; 2006‑247,s. 20(e); 2007‑116, s. 2; 2007‑547, s. 2; 2009‑58, s. 3.)