North Carolina § 143B-1201 - Restitution; actions.

§ 143B-1201. Restitution; actions.

The Program shall be an eligible recipient for restitution or reparation under G.S. 15A-1021, 15A-1343, 148-33.1, 148-33.2, 148-57.1, and any other applicable statutes. When any victim who: Has received assistance under this Part; Brings an action for damages arising out of the rape, attempted rape, sexual offense, or attempted sexual offense for which she received that assistance; and Recovers damages including the expenses for which she was awarded assistance, the court shall make as part of its judgment an order for reimbursement to the Program of the amount of any assistance awarded less reasonable expenses allocated by the court to that recovery. Funds appropriated to the Department of Public Safety for this program may be used to purchase and distribute sexual assault evidence collection kits approved by the Director of the State Crime Laboratory. The Secretary, in consultation with the Director of the State Crime Laboratory, shall require that all sexual assault evidence collection kits purchased or distributed on or after October 1, 2018, are compatible with the Statewide Sexual Assault Evidence Collection Kit Tracking System established under G.S. 114-65. History (1981, c. 931, s. 2; 1983, c. 715, s. 3; 2008-107, s. 18.2(b); 2009-354, s. 2; 2011-145, s. 19.1(g), (x1); 2018-70, s. 2.) Editor's Note. - Former G.S. 143B-480.3 was renumbered as G.S. 143B-272.104 by Session Laws 2011-145, s. 19.1(x1), as amended by Session Laws 2011-391, s. 43(i), effective January 1, 2012. It has been renumbered as this section at the direction of the Revisor of Statutes. Subsections (b) through (d) were redesignated as subsections (a) through (c) at the direction of the Revisor of Statutes. Session Laws 1981, c. 931, which enacted this section, in s. 1, provided that the act shall be known and may be cited as the "Assistance Act for Victims of Rape and Sex Offenses." Session Law 2011-145, s. 19.1(x1), as amended by Session Laws 2011-391, s. 43(i) recodified former Part 3A (G.S. 143B-480.1 and 143B-480.3) of Article 11 of Chapter 143B as Subpart A (G.S. 143B-272.103 and 143B-272.104) of Part 7 of Article 5A of Chapter 143B . Article 5A was renumbered as Article 13 and the subpart heading was deleted at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2018-70, s. 3, provides: "The Secretary of the Department of Public Safety shall convene a working group to make recommendations regarding the testing priority of untested sexual assault kits identified in the 2017 Sexual Assault Evidence Collection Kit Law Enforcement Report made pursuant to Section 17.7 of S.L. 2017-57. The working group shall include representatives from law enforcement, victims' advocates such as the North Carolina Victim Assistance Network and the North Carolina Coalition Against Sexual Assault, RTI International, the North Carolina Department of Justice, prosecutors, and criminal defense attorneys. The working group shall develop findings and recommendations including a strategic plan to (i) establish the order of priority for testing kits; (ii) test all of the kits that can be tested; (iii) direct the preservation of all kits; (iv) suggest sanctions for the destruction or contamination of kits in violation of G.S. 15A-268; and (v) develop statewide protocols to test sexual assault evidence collection kits in the future. The working group statewide protocol for testing future sexual assault evidence collection kits. The working group shall also make findings and recommendations to the Secretary and to the Director with respect to developing the protocols, rules, and guidelines for the System under G.S. 114-65(a). The Secretary shall submit the findings and recommendations of the working group to the Joint Legislative Oversight Committee on Justice and Public Safety by December 1, 2018." Effect of Amendments. - Session Laws 2008-107, s. 18.2(b), effective July 1, 2008, added "except that the Program shall pay any co-payment that the victim is required to pay in connection with the forensic medical examination up to the maximum amount that the Program will pay for a forensic medical exam under G.S. 143B-480.2(c)" in subsection (a). Session Laws 2009-354, s. 2, effective July 27, 2009, in the section catchline, deleted "Reduction of benefits" from the beginning, and deleted subsection (a), which read: "Assistance shall be reduced or denied to the extent the medical expenses are recouped through a public or private insurance plan or other victim benefit source, except that the Program shall pay any co-payment that the victim is required to pay in connection with the forensic medical examination up to the maximum amount that the Program will pay for a forensic medical exam under G.S. 143B-480.2(c)." Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" in subsection (c). Session Laws 2018-70, s. 2, effective June 25, 2018, in subsection (c), substituted "sexual assault" for "rape" and "Director of the State Crime Laboratory" for "State Bureau of Investigation"; and added subsection (d). §§ 143B-1202 through 143B-1209: Reserved for future codification purposes.