2020 Criminal Law Legislation

Each year the School of Government summarizes legislation enacted by the North Carolina General Assembly affecting criminal law and procedure. If you would like to receive periodic summaries of enacted legislation (as well as summaries of appellate decisions), subscribe at no charge to the School’s criminal law listserv here. We also explore selected legislation in more depth on this blog. So far in 2020, one bill has been enacted that affects criminal law and procedure. S.L. 2020-3 (S 704): COVID-19 measures. This act addresses various matters relating to COVID-19, including the following criminal law provisions, which are effective May 4, 2020 and expire August 1, 2020 unless otherwise noted. Wearing mask for health purpose. New G.S. 14-12.11(a)(6) creates an exception to G.S. 14-12.7, 14-12.8, 14-12.9, 14-12.10, and 14-12.14, which prohibit wearing a mask on public ways, public property, and other settings unless an exception applies. The new provision allows a person to wear a mask “for the purpose of ensuring the physical health or safety of the wearer or others.” New G.S. 14-12.11(c) requires the person to remove the mask during a traffic stop, including a checkpoint or roadblock under G.S. 20.16.3A, or when approached by a law-enforcement officer with reasonable suspicion or probable cause during a criminal investigation. Electronic signatures on search warrants and court orders. Section 4.4 of the act provides that any signature required for the issuance of a search warrant pursuant to Article 11 (Search Warrants) of G.S. Chapter 15A, or for any judicial order issued following [...]