North Carolina § 7A-354 - North Carolina Human Trafficking Commission.

§ 7A-354. North Carolina Human Trafficking Commission.

Establishment. - There is established in the Administrative Office of the Courts the North Carolina Human Trafficking Commission. For purposes of this section, "Commission" means the North Carolina Human Trafficking Commission. Membership. - The Commission shall consist of no more than 15 members as follows: The President Pro Tempore of the Senate shall appoint one representative from each of the following: The public at large. A county sheriff's office. A city or town police department. Legal Aid of North Carolina. The Speaker of the House of Representatives shall appoint one representative from each of the following: The public at large. North Carolina Coalition Against Human Trafficking. A faith-based shelter or benefits organization providing services to victims of human trafficking. A district attorney or an assistant district attorney. The Governor shall appoint one representative from each of the following: The Department of Labor. The Department of Justice. The Department of Public Safety. A health care representative. The following persons, or their designees, may serve as nonvoting, ex officio members of the Commission: The Director of the Administrative Office of the Courts. The President of the North Carolina Conference of Superior Court Judges. The President of the North Carolina Association of District Court Judges. Powers. - The Commission shall have the following powers: To apply for and receive, on behalf of the State, funding from federal, public or private initiatives, grant programs, or donors that will assist in examining and countering the problem of human trafficking in North Carolina. To commission, fund, and facilitate quantitative and qualitative research to explore the specific ways human trafficking is occurring in North Carolina and the links to international and domestic human trafficking, and to assist in creating measurement, assessment, and accountability mechanisms. To contribute to efforts to inform and educate law enforcement personnel, social services providers, and the general public about human trafficking so that human traffickers can be prosecuted and victim-survivors can receive appropriate services. To suggest new policies, procedures, or legislation to further the work of eradicating human trafficking and to provide assistance and review with new policies, procedures, and legislation. To assist in developing regional response teams or other coordinated efforts to counter human trafficking at the level of law enforcement, legal services, social services, and nonprofits. To identify gaps in law enforcement or service provision and recommend solutions to those gaps. To consider whether human trafficking should be added to the list of criminal convictions that require registration under the sex offender and public protection registration program. Terms and Chair. - Members shall serve two-year terms, with no prohibition against being reappointed. Any individual appointed to serve on the Commission shall serve until his or her successor is appointed and qualified. The chair shall be appointed biennially by the Governor from among the membership of the Commission. Meetings. - The chair shall convene the Commission. Meetings shall be held as often as necessary, but not less than four times a year. A majority of the members of the Commission shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present at meetings of the Commission shall be necessary for action to be taken by the Commission. Vacancies. - A vacancy on the Commission or as chair of the Commission resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made, and the term shall be for the balance of the unexpired term. Removal. - The Commission may remove a member for misfeasance, malfeasance, nonfeasance, or neglect of duty. Compensation. - Commission members shall receive no per diem for their services but shall be entitled to receive travel allowances in accordance with the provisions of G.S. 138-5 or G.S. 138-6, as appropriate. Staffing. - The Administrative Office of the Courts shall be responsible for staffing the Commission. Funding. - From funds available to the Administrative Office of the Courts, the Director shall allocate monies to fund the work of the Commission. History (2012-142, s. 15.3A(a)-(k); 2012-194, s. 55.5; 2013-368, ss. 23, 24; 2014-115, s. 47; 2018-5, s. 18B.7; 2018-75, s. 7; 2018-97, ss. 5.6(a), (b); 2019-243, s. 20.) Editor's Note. - This section is former G.S. 114-70, as recodified by Session Laws 2018-5, s. 18B.7, as added by Session Laws 2018-97, s. 5.6(a), effective July 1, 2018. The historical citation from the former section has been added to this section as recodified. Session Laws 2013-368, s. 23, codified subsections (a) through (k) of Session Laws 2012-142, s. 15.3A, as G.S. 143A-55.10. This section was instead codified as G.S. 114-70 at the direction of the Revisor of Statutes. This section was amended by Session Laws 2012-194, s. 55.5 and 2013-368, s. 24, in the coded bill drafting format provided by G.S. 120-20.1. The word "office" as added by Session Laws 2012-194, was not struck through by Session Laws 2013-368. Subdivision (b)(2) of this section has been set out in the form above at the direction of the Revisor of Statutes. Session Laws 2013-368, s. 25, makes the amendments to this section effective October 1, 2013, applicable to offenses committed on or after that date, and provides: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2014-119, s. 4(a), provides: "The Human Trafficking Commission established by G.S. 114-70, in consultation with Prevent Child Abuse North Carolina; the North Carolina Coalition Against Sexual Assault; the National Association of Social Workers, North Carolina Chapter; the North Carolina School Boards Association; the Department of Public Instruction; the North Carolina Pediatric Society; and two representatives of local child advocacy agencies, shall study the prevention of sexual abuse of children. As part of this study, the Commission shall do the following: "(1) Gather information concerning the occurrence of child sexual abuse throughout the State. "(1a) Receive reports and testimony on child sexual abuse from individuals, State and local agencies, community-based organizations, and other public and private organizations. "(2) Identify statewide goals to prevent child sexual abuse. "(3) Examine age-appropriate curricula on the subject of sexual abuse for students in kindergarten through grade six that could be included as part of the Basic Education Program for the public schools. "(4) Identify methods for increasing teacher, student, and parent awareness of issues regarding sexual abuse of children, including the warning signs indicating that a child may be a victim of sexual abuse, actions that a child who is a victim of sexual abuse may take to obtain assistance and intervention, and available counseling options for children affected by sexual abuse. "(5) Study any other issue the Commission considers relevant to this topic." Session Laws 2014-119, s. 4(b), provides: "The Human Trafficking Commission shall submit a final report of the results of its study and its recommendations, including any proposed legislation, to the 2015 General Assembly." Session Laws 2017-151, s. 5, provides: "In consultation with the North Carolina Human Trafficking Commission, the Department of Health and Human Services shall study the feasibility of training health care providers, emergency medical providers, and relevant first responders in human trafficking identification and response and preventative tools and methods. The Department shall report its findings and recommendations to the Joint Legislative Oversight Committee on Justice and Public Safety, the Joint Legislative Oversight Committee on Health and Human Services, the Human Trafficking Commission, and the Governor no later than February 1, 2018." Session Laws 2018-5, s. 18B.7, as added by Session Laws 2018-97, s. 5.6(a), provides, in part: "The North Carolina Human Trafficking Commission shall be transferred to the Administrative Office of the Courts as a Type II transfer." Effect of Amendments. - Session Laws 2012-194, s. 55.5, effective July 17, 2012, substituted "office" for "department" in subdivisions (b)(1)b. and (b)(2)b. Session Laws 2013-368, s. 24, added the section heading; added the second sentence in subsection (a); substituted "Membership" for "Members" in subsection (b); added sub-subdivisions (b)(1)d., (b)(2)b. through (b)(2)d., and (b)(3)a. through (b)(3)d.; deleted former sub-subdivisions (b)(2)b. and (b)(2)c. and subdivision (b)(4); substituted "each of the following" for "the public at large" in subdivision (b)(3); rewrote subsection (d), which formerly read "Terms. - Members shall serve until the Commission terminates"; and rewrote subsection (k), which formerly read "Termination. - The Commission established under this section shall terminate on December 31, 2014." For effective date and applicability, see editor's note. Session Laws 2014-115, s. 47, effective August 11, 2014, in subsection (b), added "or an assistant district attorney" in subdivision (b)(2)d. and deleted the word "office" between subdivisions (b)(2) and (3). Session Laws 2018-75, s. 7, effective June 25, 2018, substituted "no more than 15 members" for "12 members" in the introductory language of subsection (b); and added subdivision (b)(4). Session Laws 2018-97, s. 5.6(b), effective July 1, 2018, substituted "Administrative Office of the Courts" for "Department of Justice" in subsections (a), and (j); and substituted "Administrative Office of the Courts, the Director" for "Department of Justice, the Attorney General" in subsection (k). Session Laws 2019-243, s. 20, effective November 6, 2019, inserted "nonvoting" in the introductory language of subdivision (b)(4). Legal Periodicals. - For article, "She Leads a Lonely Life: When Sex Trafficking and Drug Addiction Collide," see 52 Wake Forest L. Rev. 359 (2017).