Tuesday, December 3, 2013

Laws effective in December

Posted By on Tue, Dec 3, 2013 at 9:20 AM

Set to go into effect in December are mostly uncontroversial statutes pertaining to criminal-justice issues, which passed the General Assembly during the first week of session a year ago. Not that you'd have to worry about them, you law-abider you, but keeping these in your arsenal will make you sound really smart at holiday parties. More controversial laws, including the right to carry guns in bars and new abortion restrictions, already went into effect.

1. Kilah's Law: named for Kilah Davenport, who was sent to the hospital with brain damage and a fractured skull after being beaten by her stepfather Joshua Houser. The law stiffens the punishment for each child-abuse offense, doubling the potential prison sentence for the worst offenses.

2. Lily's Law: passed in March, the law allows a charge for murder against an individual who harms a child in utero, if that child subsequently dies after birth. It is named for Lillian Fitzgerald, whose mother was shot in the abdomen by her estranged husband. Lillian later died from injuries sustained in the shooting. The ex-husband's conviction for murder was upheld on appeal, but there was no specific law on the books about this crime at the time. Lily's law closes that loophole.

3. Caylee's Law: North Carolina's version of a law being passed around the country relating to Casey Anthony's daughter Caylee. North Carolina's version makes failing to report a missing child after 24 hours a crime, and makes failing to report abuse, neglect dependency or death due to maltreatment a Class 1 misdemeanor.

4. House Bill 850: intended to protect law enforcement officers from being stuck by hypodermic needles during searches. As a means of encouraging suspects to reveal sharp objects, if whoever is being searched alerts officers of the presence of a needle or other sharp objects prior to a search, they no longer will be charged with possession of that drug paraphernalia. It's important to remember the law doesn't apply to all drug paraphernalia, just sharp objects or needles that could harm officers in a search.

5. Respect Our Fallen Heroes Act: In an effort to discourage the vile sort of individuals who protest military funerals, like the anti-gay lunatics from Westboro Baptist, this law increases the punishment for anyone who disrupts or disturbs a military funeral or memorial service. This covers anyone caught protesting within two hours and 500 feet of the event. The punishment has been raised to a Class 1 misdemeanor for the first incident and a felony for subsequent offenses.

Other laws will toughen the penalties for misusing the 9-1-1 system or passing a stopped school bus and will make it a crime to fire a gun in a building with "intent to incite fear."

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