Representative Michael H. Wray’s Raleigh Report


The session would have allowed the consideration of a new gaming deal with the Cherokee Nation in western North Carolina.  However the 30-page document approved by the governor and tribal leaders was not completed before adjournment.

Since the end of regular session, legislators have been called into special sessions for nearly four work weeks.  Each day of session costs the state an estimated $50,000, so we have already reached nearly $1 million, just in administrative costs, for these largely unproductive special sessions and additional sessions have already been scheduled for February and April.

Nearly three dozen laws which passed earlier this year will go into effect on December 1.  Here is some information about a few of them for you.

Motor vehicle laws

A new law requires repeat DWI offenders to receive minimum prison sentences of 1-3 years, and fines of up to $10,000 in some cases.  The court could require electronic alcohol monitoring of some offenders.  “Laura’s Law” is named after 17-year-old Laura Fortenberry of Gaston County.  Laura died last year in an accident involving a driver with several DWI convictions. (S.L. 2011-191)

Cars driven by a suspect charged with a felony for a police chase can now be seized by local sheriffs.  The vehicle can be sold if the suspect is convicted of the felony, with the proceeds going to the state’s schools. (S.L. 2011-271)

Criminal laws

It is now illegal to dismember a body in order to hide a crime or evidence of an unnatural death.  The law followed the death of Zahra Baker, a 10-year-old girl from Hickory who was dismembered.  Her stepmother, Elisa Baker, pleaded guilty in September, to second-degree murder and was sentenced to prison. (S.L. 2011-193)

Criminal investigators must now turn over any evidence in all felony cases.  The

law is intended to help defense attorneys get material from police and crime labs sooner than they might otherwise. (S.L. 2011-19)

Juveniles convicted of nonviolent felonies can now have their records expunged (cleared) if they stay out of trouble until they are adults.  The law applies only to first-time offenders and has a number of requirements and exceptions.  Two state law enforcement commissions would still have access to the expunctions. (S.L. 2011-278)

Other changes include:

Fuller reporting of previous names and name changes by people who must file in the state as sex offenders

Tougher penalties for people who intimidate or interfere with witnesses.

Allowing probation officers to carry concealed weapons without a permit.

For a full list of new laws, visit www.ncleg.net.  Under the heading on the left titled “News and Information,” click on the item titled “2011 Legislation with Effective Dates.”

Thank you for your interest in state government. In the meantime, please contact me if I can be of help.