GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-389
HOUSE BILL 1464
AN ACT to clarify domestic violence laws reGarding when a law enforcement officer shall arrest a person who has knowingly violated a valid protective order despite the 2006 holding by the north carolina court of appeals in cockerham-ellerbee v. the town of jonesville.
Whereas, in a 2006 opinion in Cockerham-Ellerbee v. The Town of Jonesville, the North Carolina Court of Appeals interpreted G.S. 50B-4.1(b) to be a discretionary provision rather than a mandatory one; and
Whereas, the intent of the North Carolina General Assembly in enacting G.S. 50B-4.1(b) was to create a mandatory provision; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. Notwithstanding the holding by the North Carolina Court of Appeals in Cockerham-Ellerbee v. The Town of Jonesville, 176 N.C. App. 372, 626 S.E.2d 685 (2006), G.S. 50B-4.1(b) creates a mandatory provision requiring a law enforcement officer to arrest and take a person into custody without a warrant or other process if the requirements set forth in the subsection are met.
SECTION 2. G.S. 50B-4.1(b) reads as rewritten:
"(b) A law enforcement
officer shall arrest and take a person into custody custody, with or without
a warrant or other process process, if the officer has probable
cause to believe that the person knowingly has violated a valid protective
order excluding the person from the residence or household occupied by a victim
of domestic violence or directing the person to refrain from doing any or all
of the acts specified in G.S. 50B-3(a)(9)."
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 23rd day of July, 2009.
s/ Walter H. Dalton
President of the Senate
s/ William L. Wainwright
Speaker Pro Tempore of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 12:25 p.m. this 31st day of July, 2009