North Carolina 2025-2026 Regular Session

North Carolina House Bill H722 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 722
3+H D
4+HOUSE BILL DRH10267-NDf-107
5+
56
67
78 Short Title: Enact Criminal Justice Debt Reform. (Public)
8-Sponsors: Representatives Alston, Buansi, Brockman, and Charles Smith (Primary
9-Sponsors).
10-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
11-Referred to: Rules, Calendar, and Operations of the House
12-April 3, 2025
13-*H722 -v-1*
9+Sponsors: Representative Alston.
10+Referred to:
11+
12+*DRH10267 -NDf-107*
1413 A BILL TO BE ENTITLED 1
1514 AN ACT TO PROMOTE CRIMINAL JUSTICE DEBT REFORM . 2
1615 The General Assembly of North Carolina enacts: 3
1716 4
1817 PART I. MODIFY ASSESSMENT REQUIREMENTS AND REPORTING 5
1918 SURROUNDING COURT COSTS AND FEES 6
2019 SECTION 1.(a) G.S. 7A-304 reads as rewritten: 7
2120 "§ 7A-304. Costs in criminal actions. 8
2221 (a) In every criminal case in the superior or district court, wherein the defendant is 9
2322 convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the 10
2423 prosecuting witness, the court shall determine the defendant's ability to pay any costs assessed 11
2524 and shall then, weighing that determination, assess and collect the following costs shall be 12
2625 assessed and collected. costs. No costs may be assessed when a case is dismissed. Only upon 13
2726 entry of a written order, supported by findings of fact and conclusions of law, determining that 14
2827 there is just cause, the court may (i) waive costs assessed under this section or (ii) waive or reduce 15
2928 costs assessed under subdivision (7), (8), (8a), (11), (12), or (13) of this section. No court may 16
3029 waive or remit all or part of any court fines or costs without providing notice and opportunity to 17
3130 be heard by all government entities directly affected. The court shall provide notice to the 18
3231 government entities directly affected of (i) the date and time of the hearing and (ii) the right to 19
3332 be heard and make an objection to the remission or waiver of all or part of the order of court costs 20
3433 at least 15 days prior to hearing. Notice shall be made to the government entities affected by 21
3534 first-class mail to the address provided for receipt of court costs paid pursuant to the order. The 22
3635 costs referenced in this subsection are listed below: 23
3736 … 24
3837 (6) For support of the General Court of Justice, the sum of two one hundred 25
3938 dollars ($200.00) ($100.00) is payable by a defendant who fails to appear to 26
4039 answer the charge as scheduled, unless within 20 days after the scheduled 27
4140 appearance, the person either appears in court to answer the charge or disposes 28
4241 of the charge pursuant to G.S. 7A-146, and the sum of fifty dollars ($50.00) is 29
4342 payable by a defendant who fails to pay a fine, penalty, or costs within 40 days 30
4443 of the date specified in the court's judgment. The fee for failure to appear shall 31
4544 only be collected once in a criminal case. Upon a showing to the court that the 32
46-defendant failed to appear because of an error or omission of a judicial official, 33 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 722-First Edition
48-a prosecutor, or a law-enforcement officer, the court shall waive the fee for 1
49-failure to appear. These fees shall be remitted to the State Treasurer. 2
50-(7) For the services of the North Carolina State Crime Laboratory facilities, the 3
51-district or superior court judge shall, upon conviction, order payment of the 4
52-costs actually incurred for the services, not to exceed the sum of six hundred 5
53-dollars ($600.00) ($600.00), to be remitted to the Department of Justice for 6
54-support of the Laboratory. This cost shall be assessed only in cases in which, 7
55-as part of the investigation leading to the defendant's conviction, the 8
56-laboratories have performed DNA analysis of the crime, tests of bodily fluids 9
57-of the defendant for the presence of alcohol or controlled substances, or 10
58-analysis of any controlled substance possessed by the defendant or the 11
59-defendant's agent. 12
60-(8) For the services of any crime laboratory facility, the district or superior court 13
61-judge shall, upon conviction, order payment of the costs actually incurred for 14
62-the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), 15
63-to be remitted to the general fund of the local governmental unit that operates 16
64-the laboratory or paid for the laboratory services. The funds shall be used for 17
65-law enforcement purposes. The cost shall be assessed only in cases in which, 18
66-as part of the investigation leading to the defendant's conviction, the 19
67-laboratory has performed DNA analysis of the crime, test of bodily fluids of 20
68-the defendant for the presence of alcohol or controlled substances, or analysis 21
69-of any controlled substance possessed by the defendant or the defendant's 22
70-agent. The costs shall be assessed only if the court finds that the work 23
71-performed at the laboratory is the equivalent of the same kind of work 24
72-performed by the North Carolina State Crime Laboratory under subdivision 25
73-(7) of this subsection. 26
74-(8a) For the services of any private hospital performing toxicological testing under 27
75-contract with a prosecutorial district, the district or superior court judge shall, 28
76-upon conviction, order payment of the costs actually incurred for the services, 29
77-not to exceed the sum of six hundred dollars ($600.00) ($600.00), to be 30
78-remitted to the State Treasurer for the support of the General Court of Justice. 31
79-The cost shall be assessed only in cases in which, as part of the investigation 32
80-leading to the defendant's conviction, the laboratory has performed testing of 33
81-bodily fluids of the defendant for the presence of alcohol or controlled 34
82-substances. The costs shall be assessed only if the court finds that the work 35
83-performed by the local hospital is the equivalent of the same kind of work 36
84-performed by the North Carolina State Crime Laboratory under subdivision 37
85-(7) of this subsection. 38
86-… 39
87-(9a) For the services of the North Carolina State Crime Laboratory facilities, the 40
88-district or superior court judge shall, upon conviction, order payment of the 41
89-costs actually incurred for the services, not to exceed the sum of six hundred 42
90-dollars ($600.00) ($600.00), to be remitted to the Department of Justice to be 43
91-used for laboratory purposes. This cost shall be assessed only in cases in 44
92-which, as part of the investigation leading to the defendant's conviction, the 45
93-laboratories have performed digital forensics, including the seizure, forensic 46
94-imaging, and acquisition and analysis of digital media. 47
95-(9b) For the services of any crime laboratory facility, the district or superior court 48
96-judge shall, upon conviction, order payment of the costs actually incurred for 49
97-the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), 50
98-to be remitted to the general fund of the local law enforcement unit that 51 General Assembly Of North Carolina Session 2025
99-House Bill 722-First Edition Page 3
100-operates the laboratory or paid for the laboratory services. The funds shall be 1
101-used for laboratory services. The cost shall be assessed only in (i) cases in 2
102-which, as part of the investigation leading to the defendant's conviction, the 3
103-laboratory has performed digital forensics, including the seizure, forensic 4
104-imaging, and acquisition and analysis of digital media, and (ii) if the court 5
105-finds that the work performed at the laboratory is the equivalent of the same 6
106-kind of work performed by the North Carolina State Crime Laboratory under 7
107-subdivision (9a) of this subsection. 8
108-… 9
109-(11) For the services of an expert witness employed by the North Carolina State 10
110-Crime Laboratory who completes a chemical analysis pursuant to 11
111-G.S. 20-139.1, a forensic analysis pursuant to G.S. 8-58.20, or a digital 12
112-forensics analysis and provides testimony about that analysis in a defendant's 13
113-trial, the district or superior court judge shall, upon conviction of the 14
114-defendant, order payment of the costs actually incurred for the services, not to 15
115-exceed the sum of six hundred dollars ($600.00) ($600.00), to be remitted to 16
116-the Department of Justice for support of the State Crime Laboratory. This cost 17
117-shall be assessed only in cases in which the expert witness provides testimony 18
118-about the chemical or forensic analysis in the defendant's trial and shall be in 19
119-addition to any cost assessed under subdivision (7) or (9a) of this subsection. 20
120-(12) For the services of an expert witness employed by a crime laboratory who 21
121-completes a chemical analysis pursuant to G.S. 20-139.1, a forensic analysis 22
122-pursuant to G.S. 8-58.20, or a digital forensics analysis and provides 23
123-testimony about that analysis in a defendant's trial, the district or superior court 24
124-judge shall, upon conviction of the defendant, order payment of the costs 25
125-actually incurred for the services, not to exceed the sum of six hundred dollars 26
126-($600.00) ($600.00), to be remitted to the general fund of the local 27
127-governmental unit that operates the laboratory or paid for the laboratory 28
128-services. The funds shall be used for laboratory services. This cost shall be 29
129-assessed only in cases in which the expert witness provides testimony about 30
130-the chemical or forensic analysis in the defendant's trial and shall be in 31
131-addition to any cost assessed under subdivision (8) or (9b) of this subsection. 32
132-(13) For the services of an expert witness employed by a private hospital 33
133-performing toxicological testing under contract with a prosecutorial district 34
134-who completes a chemical analysis pursuant to G.S. 20-139.1 and provides 35
135-testimony about that analysis in a defendant's trial, the district or superior court 36
136-judge shall, upon conviction of the defendant, order payment of the costs 37
137-actually incurred for the services, not to exceed the sum of six hundred dollars 38
138-($600.00) ($600.00), to be remitted to the State Treasurer for the support of 39
139-the General Court of Justice. This cost shall be assessed only in cases in which 40
140-the expert witness provides testimony about the chemical analysis in the 41
141-defendant's trial and shall be in addition to any cost assessed under subdivision 42
142-(8a) of this subsection. 43
143-… 44
144-(f) The court may allow a defendant owing monetary obligations under this section to 45
145-either make payment in full when costs are assessed or make payment on an installment plan 46
146-arranged with the court. Defendants making use of an installment plan shall pay a onetime setup 47
147-fee of twenty dollars ($20.00) to cover the additional costs to the court of receiving and disbursing 48
148-installment payments. Fees collected under this subsection shall be remitted to the State Treasurer 49
149-for support of the General Court of Justice.When making that determination, the court shall 50
150-consider at a minimum the following factors: 51 General Assembly Of North Carolina Session 2025
151-Page 4 House Bill 722-First Edition
152-(1) The defendant's monthly income in relation to the relevant federal poverty 1
153-guidelines for the defendant's household size. 2
154-(2) Whether the defendant receives public assistance, including, but not limited 3
155-to, food assistance, Medicaid, Social Security Insurance, and Temporary 4
156-Assistance for Needy Families. 5
157-(3) The defendant's living arrangements and ability to afford or otherwise procure 6
158-housing. 7
159-(4) Whether the defendant resides in a mental health or substance abuse treatment 8
160-facility. 9
161-(5) Any limits on the defendant's ability to secure employment, including, but not 10
162-limited to, lack of access to transportation, limitations upon the defendant's 11
163-driving privileges, availability of child care for dependents, and any other 12
164-relevant factors. 13
165-…." 14
166-SECTION 1.(b) G.S. 7A-350 is repealed. 15
167-SECTION 1.(c) This section is effective when it becomes law and applies to costs 16
168-and fees assessed on or after that date. 17
169- 18
170-PART II. CLARIFY LAN GUAGE TO PRECLUDE IM PRISONMENT FOR 19
171-NONPAYMENT OF FINES AND FEES WHEN ACTIVE SENTENCE IMPOSED 20
172-SECTION 2.(a) G.S. 15A-1364(a) reads as rewritten: 21
173-"(a) Response to Default. – When a defendant who has been required to pay a fine or costs 22
174-or both defaults in payment or in any installment, the court, upon the motion of the prosecutor or 23
175-upon its own motion, may require the defendant to appear and show cause why he should not be 24
176-imprisoned or may rely upon a conditional show cause order entered under G.S. 15A-1362(c). 25
177-When making that determination, the court shall consider at a minimum the following factors: 26
178-(1) The defendant's monthly income in relation to the relevant federal poverty 27
179-guidelines for the defendant's household size. 28
180-(2) Whether the defendant receives public assistance, including, but not limited 29
181-to, food assistance, Medicaid, Social Security Insurance, and Temporary 30
182-Assistance for Needy Families. 31
183-(3) The defendant's living arrangements and ability to afford or otherwise procure 32
184-housing. 33
185-(4) Whether the defendant resides in a mental health or substance abuse treatment 34
186-facility. 35
187-(5) Any limits on the defendant's ability to secure employment, including, but not 36
188-limited to, lack of access to transportation, limitations upon the defendant's 37
189-driving privileges, availability of child care for dependents, and any other 38
190-relevant factors. 39
191-If the defendant fails to appear, an order for his arrest may be issued. This subsection shall 40
192-not apply to a defendant who has received an active sentence in the same case in which the 41
193-defendant has defaulted on the payment of a fine or costs." 42
194-SECTION 2.(b) G.S. 15A-1365 reads as rewritten: 43
195-"§ 15A-1365. Judgment for fines docketed; lien and execution. 44
196-When a defendant has defaulted in payment of a fine or costs, the judge may order that the 45
197-judgment be docketed. Upon being docketed, the judgment becomes a lien on the real estate of 46
198-the defendant in the same manner as do judgments in civil actions. Executions on docketed 47
199-judgments may be stayed only when an appeal is taken and security is given as required in civil 48
200-cases. If the judgment is affirmed on appeal to the appellate division, the clerk of the superior 49
201-court, on receipt of the certificate from the appellate division, must issue execution on the 50
202-judgment. The clerk may not issue an execution, however, if the fine or costs were imposed for 51 General Assembly Of North Carolina Session 2025
203-House Bill 722-First Edition Page 5
204-an offense other than trafficking in controlled substances or conspiring to traffic in controlled 1
205-substances under G.S. 90-95(h) and (i), respectively, and the defendant elects to serve the 2
206-suspended sentence, if any, or serve a term of 30 days, if no suspended sentence was imposed.is 3
207-serving an active sentence." 4
208- 5
209-PART III. MODIFY THE LAWS GOVERNING THE REVOCATION OF DRIVER S 6
210-LICENSES FOR FAILURE TO PAY FINE, PENALTY, OR COSTS 7
211-SECTION 3.(a) G.S. 20-24.1 is repealed. 8
212-SECTION 3.(b) G.S. 20-24.2 is repealed. 9
213-SECTION 3.(c) Article 2 of Chapter 20 of the General Statutes is amended by adding 10
214-a new section to read: 11
215-"§ 20-24.3. Prohibition on revocation issued solely for failure to appear or pay fine, penalty, 12
216-or costs. 13
217-Notwithstanding any other provision of law, the Division shall not revoke the drivers license 14
218-of a person charged with an infraction, misdemeanor, or felony if the revocation is solely for one 15
219-or both of the following reasons: 16
220-(1) The person failed to appear, after being notified to do so, when the case was 17
221-called for a trial or hearing. 18
222-(2) The person failed to pay a fine, penalty, or court costs ordered by the court." 19
223-SECTION 3.(d) G.S. 15A-1116(a) reads as rewritten: 20
224-"(a) Use of Contempt or Fine Collection Procedures: Notification of DMV. – If the person 21
225-does not comply with a sanction ordered by the court, the court may proceed in accordance with 22
226-Chapter 5A of the General Statutes. If the person fails to pay a penalty or costs, the court may 23
227-proceed in accordance with Article 84 of this Chapter. If the infraction is a motor vehicle 24
228-infraction, the court must report a failure to pay the applicable penalty and costs to the Division 25
229-of Motor Vehicles as specified in G.S. 20-24.2." 26
230-SECTION 3.(e) G.S. 20-13.2(e) reads as rewritten: 27
231-"(e) Before the Division restores a driver's license that has been suspended or revoked 28
232-under any provision of this Article, other than G.S. 20-24.1, the person seeking to have his 29
233-driver's license restored shall submit to the Division proof that he has notified his insurance agent 30
234-or company of his seeking the restoration and that he is financially responsible. Proof of financial 31
235-responsibility shall be in one of the following forms: 32
236-… 33
237-The preceding provisions of this subsection do not apply to applicants who do not own 34
238-currently registered motor vehicles and who do not operate nonfleet private passenger motor 35
239-vehicles that are owned by other persons and that are not insured under commercial motor vehicle 36
240-liability insurance policies. In such cases, the applicant shall sign a written certificate to that 37
241-effect. Such certificate shall be furnished by the Division and may be incorporated into the 38
242-restoration application form. Any material misrepresentation made by such person on such 39
243-certificate shall be grounds for suspension of that person's license for a period of 90 days. 40
244-For the purposes of this subsection, the term "nonfleet private passenger motor vehicle" has 41
245-the definition ascribed to it in Article 40 of General Statute Chapter 58. 42
246-The Commissioner may require that certificates required by this subsection be on a form 43
247-approved by the Commissioner. The financial responsibility required by this subsection shall be 44
248-kept in effect for not less than three years after the date that the license is restored. Failure to 45
249-maintain financial responsibility as required by this subsection shall be grounds for suspending 46
250-the restored driver's license for a period of thirty (30) days. Nothing in this subsection precludes 47
251-any person from showing proof of financial responsibility in any other manner authorized by 48
252-Articles 9A and 13 of this Chapter." 49
253-SECTION 3.(f) G.S. 20-19(k) reads as rewritten: 50 General Assembly Of North Carolina Session 2025
254-Page 6 House Bill 722-First Edition
255-"(k) Before the Division restores a driver's license that has been suspended or revoked 1
256-under G.S. 20-138.5(d), or under any provision of this Article, other than G.S. 20-24.1, the 2
257-person seeking to have the person's driver's license restored shall submit to the Division proof 3
258-that the person has notified the person's insurance agent or company that the person is seeking 4
259-the restoration and that the person is financially responsible. Proof of financial responsibility 5
260-shall be in one of the following forms: 6
45+defendant failed to appear because of an error or omission of a judicial official, 33
46+a prosecutor, or a law-enforcement officer, the court shall waive the fee for 34
47+failure to appear. These fees shall be remitted to the State Treasurer. 35
48+H.B. 722
49+Apr 2, 2025
50+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
51+Page 2 DRH10267-NDf-107
52+(7) For the services of the North Carolina State Crime Laboratory facilities, the 1
53+district or superior court judge shall, upon conviction, order payment of the 2
54+costs actually incurred for the services, not to exceed the sum of six hundred 3
55+dollars ($600.00) ($600.00), to be remitted to the Department of Justice for 4
56+support of the Laboratory. This cost shall be assessed only in cases in which, 5
57+as part of the investigation leading to the defendant's conviction, the 6
58+laboratories have performed DNA analysis of the crime, tests of bodily fluids 7
59+of the defendant for the presence of alcohol or controlled substances, or 8
60+analysis of any controlled substance possessed by the defendant or the 9
61+defendant's agent. 10
62+(8) For the services of any crime laboratory facility, the district or superior court 11
63+judge shall, upon conviction, order payment of the costs actually incurred for 12
64+the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), 13
65+to be remitted to the general fund of the local governmental unit that operates 14
66+the laboratory or paid for the laboratory services. The funds shall be used for 15
67+law enforcement purposes. The cost shall be assessed only in cases in which, 16
68+as part of the investigation leading to the defendant's conviction, the 17
69+laboratory has performed DNA analysis of the crime, test of bodily fluids of 18
70+the defendant for the presence of alcohol or controlled substances, or analysis 19
71+of any controlled substance possessed by the defendant or the defendant's 20
72+agent. The costs shall be assessed only if the court finds that the work 21
73+performed at the laboratory is the equivalent of the same kind of work 22
74+performed by the North Carolina State Crime Laboratory under subdivision 23
75+(7) of this subsection. 24
76+(8a) For the services of any private hospital performing toxicological testing under 25
77+contract with a prosecutorial district, the district or superior court judge shall, 26
78+upon conviction, order payment of the costs actually incurred for the services, 27
79+not to exceed the sum of six hundred dollars ($600.00) ($600.00), to be 28
80+remitted to the State Treasurer for the support of the General Court of Justice. 29
81+The cost shall be assessed only in cases in which, as part of the investigation 30
82+leading to the defendant's conviction, the laboratory has performed testing of 31
83+bodily fluids of the defendant for the presence of alcohol or controlled 32
84+substances. The costs shall be assessed only if the court finds that the work 33
85+performed by the local hospital is the equivalent of the same kind of work 34
86+performed by the North Carolina State Crime Laboratory under subdivision 35
87+(7) of this subsection. 36
88+… 37
89+(9a) For the services of the North Carolina State Crime Laboratory facilities, the 38
90+district or superior court judge shall, upon conviction, order payment of the 39
91+costs actually incurred for the services, not to exceed the sum of six hundred 40
92+dollars ($600.00) ($600.00), to be remitted to the Department of Justice to be 41
93+used for laboratory purposes. This cost shall be assessed only in cases in 42
94+which, as part of the investigation leading to the defendant's conviction, the 43
95+laboratories have performed digital forensics, including the seizure, forensic 44
96+imaging, and acquisition and analysis of digital media. 45
97+(9b) For the services of any crime laboratory facility, the district or superior court 46
98+judge shall, upon conviction, order payment of the costs actually incurred for 47
99+the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), 48
100+to be remitted to the general fund of the local law enforcement unit that 49
101+operates the laboratory or paid for the laboratory services. The funds shall be 50
102+used for laboratory services. The cost shall be assessed only in (i) cases in 51 General Assembly Of North Carolina Session 2025
103+DRH10267-NDf-107 Page 3
104+which, as part of the investigation leading to the defendant's conviction, the 1
105+laboratory has performed digital forensics, including the seizure, forensic 2
106+imaging, and acquisition and analysis of digital media, and (ii) if the court 3
107+finds that the work performed at the laboratory is the equivalent of the same 4
108+kind of work performed by the North Carolina State Crime Laboratory under 5
109+subdivision (9a) of this subsection. 6
261110 … 7
262-Subdivisions (1) and (2) of this subsection do not apply to applicants who do not own 8
263-currently registered motor vehicles and who do not operate nonfleet private passenger motor 9
264-vehicles that are owned by other persons and that are not insured under commercial motor vehicle 10
265-liability insurance policies. In such cases, the applicant shall sign a written certificate to that 11
266-effect. Such certificate shall be furnished by the Division and may be incorporated into the 12
267-restoration application form. Any material misrepresentation made by such person on such 13
268-certificate shall be grounds for suspension of that person's license for a period of 90 days. 14
269-For the purposes of this subsection, the term "nonfleet private passenger motor vehicle" has 15
270-the definition ascribed to it in Article 40 of General Statute Chapter 58. 16
271-The Commissioner may require that certificates required by this subsection be on a form 17
272-approved by the Commissioner. The financial responsibility required by this subsection shall be 18
273-kept in effect for not less than three years after the date that the license is restored. Failure to 19
274-maintain financial responsibility as required by this subsection shall be grounds for suspending 20
275-the restored driver's license for a period of 30 days. Nothing in this subsection precludes any 21
276-person from showing proof of financial responsibility in any other manner authorized by Articles 22
277-9A and 13 of this Chapter." 23
278-SECTION 3.(g) G.S. 20-28.1(a) reads as rewritten: 24
279-"(a) Upon receipt of notice of conviction of any person of a motor vehicle moving offense, 25
280-such offense having been committed while such person's driving privilege was in a state of 26
281-suspension or revocation, the Division shall revoke such person's driving privilege for an 27
282-additional period of time as set forth in subsection (b) hereof. For purposes of this section a 28
283-violation of G.S. 20-7(a), 20-24.1, or 20-28(a) G.S. 20-7(a) or G.S. 20-28(a) or (a2) shall not be 29
284-considered a "motor vehicle moving offense" unless the offense occurred in a commercial motor 30
285-vehicle or the person held a commercial drivers license at the time of the offense." 31
286-SECTION 3.(h) G.S. 20-217(g2) reads as rewritten: 32
287-"(g2) Pursuant to G.S. 20-54, failure of a person to pay any fine or costs imposed pursuant 33
288-to this section shall result in the Division withholding the registration renewal of a motor vehicle 34
289-registered in that person's name. The clerk of superior court in the county in which the case was 35
290-disposed shall notify the Division of any person who fails to pay a fine or costs imposed pursuant 36
291-to this section within 40 days of the date specified in the court's judgment, as required by 37
292-G.S. 20-24.2(a)(2). judgment. The Division shall continue to withhold the registration renewal 38
293-of a motor vehicle until the clerk of superior court notifies the Division that the person has 39
294-satisfied whichever of the following conditions of G.S. 20-24.1(b) are applicable to the person's 40
295-case.case: 41
296-(1) Disposes of the charge in the trial division in which the person failed to appear 42
297-when the case was last called for trial or hearing. 43
298-(2) Demonstrates to the court that the person is not the person charged with the 44
299-offense. 45
300-(3) Pays the penalty, fine, or costs ordered by the court. 46
301-(4) Demonstrates to the court that the person's failure to pay the penalty, fine, or 47
302-costs was not willful and that the person is making a good-faith effort to pay 48
303-or that the penalty, fine, or costs should be remitted. 49
304-The provisions of this subsection shall be in addition to any other actions the Division may 50
305-take to enforce the payment of any fine imposed pursuant to this section." 51 General Assembly Of North Carolina Session 2025
306-House Bill 722-First Edition Page 7
307-SECTION 3.(i) G.S. 50-13.12(e) reads as rewritten: 1
308-"(e) An obligor or other person whose licensing privileges are reinstated under this section 2
309-may provide a copy of the certification set forth in either subsection (c) or (d) to each licensing 3
310-agency to which the obligor or other person applies for reinstatement of licensing privileges. 4
311-Upon request of the obligor or other person, the clerk shall mail a copy of the certification to the 5
312-appropriate licensing board. Upon receipt of a copy of the certification, and the payment of 6
313-applicable restoration fees, the licensing board shall reinstate the license." 7
314-SECTION 3.(j) G.S. 110-142.2(f) reads as rewritten: 8
315-"(f) Upon receipt of certification under subsection (d) or (e) of this section, the Division 9
316-of Motor Vehicles shall reinstate the license to operate a motor vehicle in accordance with G.S. 10
317-20-24.1, upon payment of the restoration fee and shall remove any restriction of the individual's 11
318-motor vehicle registration." 12
319-SECTION 3.(k) Subsection (a) of this section becomes effective October 1, 2025, 13
320-and shall not affect license revocations issued prior to that date. Subsection (b) of this section 14
321-becomes effective October 1, 2025, and shall not affect reports sent prior to that date. Subsection 15
322-(c) of this section becomes effective October 1, 2025, and applies to license revocations on or 16
323-after that date. Subsection (d) of this section becomes effective October 1, 2025, and shall not 17
324-apply to reporting prior to that date. Subsections (e) and (f) of this section become effective 18
325-October 1, 2025, and shall not affect the restoration of drivers licenses suspended or revoked 19
326-prior to that date. Subsection (g) of this section becomes effective October 1, 2025, and shall not 20
327-affect the determination of whether a violation of G.S. 20-24.1 prior to that date constituted a 21
328-motor vehicle moving offense. Subsection (h) of this section becomes effective October 1, 2025, 22
329-and does not apply to registration renewals withheld for a failure to appear in court or a failure 23
330-to pay fines or costs that occurred prior to that date. Subsections (i) and (j) of this section become 24
331-effective October 1, 2025, and apply to license reinstatements on or after that date. The remainder 25
332-of this section is effective when it becomes law. 26
333- 27
334-PART IV. CLARIFY THAT A COMMUNITY SERVIC E FEE MAY BE WAIVED 28
335-SECTION 4. G.S. 143B-1483(c) reads as rewritten: 29
336-"(c) A Except upon judicial waiver for good cause, a fee of two hundred fifty dollars 30
337-($250.00) shall be paid by all persons who participate in the program or receive services from 31
338-the program staff. Only one fee may be assessed for each sentencing transaction, even if the 32
339-person is assigned to the program on more than one occasion, or while on deferred prosecution, 33
340-under a conditional discharge, or serving a sentence for the offense. A sentencing transaction 34
341-shall include all offenses considered and adjudicated during the same term of court. Fees 35
342-collected pursuant to this subsection shall be deposited in the General Fund. If the person is 36
343-convicted in a court in this State, the fee shall be paid to the clerk of court in the county in which 37
344-the person is convicted, regardless of whether the person is participating in the program as a 38
345-condition of parole, of probation imposed by the court, or pursuant to the exercise of authority 39
346-delegated to the probation officer pursuant to G.S. 15A-1343.2(e) or (f). If the person is 40
347-participating in the program as a result of a conditional discharge or a deferred prosecution or 41
348-similar program, the fee shall be paid to the clerk of court in the county in which the agreement 42
349-is filed. Persons participating in the program for any other reason shall pay the fee to the clerk of 43
350-court in the county in which the services are provided by the program staff. The fee shall be paid 44
351-in full before the person may participate in the community service program, except that: 45
352-…." 46
353- 47
354-PART V. REPEAL COURT COSTS FOR SEAT BELT INFRACTIONS 48
355-SECTION 5.(a) G.S. 20-135.2A(e) reads as rewritten: 49 General Assembly Of North Carolina Session 2025
356-Page 8 House Bill 722-First Edition
357-"(e) Any driver or front seat passenger who fails to wear a seat belt as required by this 1
358-section shall have committed an infraction and shall pay a penalty of twenty-five dollars and fifty 2
359-cents ($25.50) plus the following court costs:($25.50). 3
360-(1) The General Court of Justice fee provided for in G.S. 7A-304(a)(4). 4
361-(2) The fee provided for in G.S. 7A-304(a)(2a). 5
362-(3) One dollar and fifty cents ($1.50) to be remitted to the county wherein the 6
363-infraction was issued, except in those cases in which the infraction was issued 7
364-by a law enforcement officer employed by a municipality, the fee shall be paid 8
365-to the municipality employing the officer. 9
366-(4) One dollar and fifty cents ($1.50) for the supplemental pension benefits of 10
367-sheriffs to be remitted to the Department of Justice and administered under 11
368-the provisions of Article 12H of Chapter 143 of the General Statutes. 12
369-Any rear seat occupant of a vehicle who fails to wear a seat belt as required by this section 13
370-shall have committed an infraction and shall pay a penalty of ten dollars ($10.00) and no court 14
371-costs. Conviction of an infraction under this section has no other consequence." 15
372-SECTION 5.(b) This section becomes effective October 1, 2025, and applies to costs 16
373-and fees assessed on or after that date. 17
374- 18
375-PART VI. MANDATORY E XEMPTION FROM PROBAT ION SUPERVISION FEE 19
376-WHEN PROBATION IS EX TENDED FOR THE SOLE PURPOSE OF COMPLYING 20
377-WITH MONETARY OBLIGA TIONS 21
378-SECTION 6.(a) G.S. 15A-1343(c1) reads as rewritten: 22
379-"(c1) Supervision Fee. – Any person placed on supervised probation pursuant to subsection 23
380-(a) of this section shall pay a supervision fee of forty dollars ($40.00) per month, unless exempted 24
381-by the court. The court may exempt a person from paying the fee only for good cause and upon 25
382-motion of the person placed on supervised probation. The court shall exempt a person from 26
383-paying the fee when probation is extended for the sole purpose of complying with monetary 27
384-obligations. No person shall be required to pay more than one supervision fee per month. The 28
385-court may require that the fee be paid in advance or in a lump sum or sums, and a probation 29
386-officer may require payment by such methods if he is authorized by subsection (g) to determine 30
387-the payment schedule. Supervision fees must be paid to the clerk of court for the county in which 31
388-the judgment was entered, the deferred prosecution agreement was filed, or the conditional 32
389-discharge was ordered. Fees collected under this subsection shall be transmitted to the State for 33
390-deposit into the State's General Fund." 34
391-SECTION 6.(b) This section is effective when it becomes law and applies to 35
392-supervision fees incurred in the calendar month after that date and all subsequent supervision 36
393-fees incurred in the same term of supervised probation. 37
394- 38
395-PART VII. EFFECTIVE DATE 39
396-SECTION 7. Except as otherwise provided, this act is effective when it becomes 40
397-law. 41
111+(11) For the services of an expert witness employed by the North Carolina State 8
112+Crime Laboratory who completes a chemical analysis pursuant to 9
113+G.S. 20-139.1, a forensic analysis pursuant to G.S. 8-58.20, or a digital 10
114+forensics analysis and provides testimony about that analysis in a defendant's 11
115+trial, the district or superior court judge shall, upon conviction of the 12
116+defendant, order payment of the costs actually incurred for the services, not to 13
117+exceed the sum of six hundred dollars ($600.00) ($600.00), to be remitted to 14
118+the Department of Justice for support of the State Crime Laboratory. This cost 15
119+shall be assessed only in cases in which the expert witness provides testimony 16
120+about the chemical or forensic analysis in the defendant's trial and shall be in 17
121+addition to any cost assessed under subdivision (7) or (9a) of this subsection. 18
122+(12) For the services of an expert witness employed by a crime laboratory who 19
123+completes a chemical analysis pursuant to G.S. 20-139.1, a forensic analysis 20
124+pursuant to G.S. 8-58.20, or a digital forensics analysis and provides 21
125+testimony about that analysis in a defendant's trial, the district or superior court 22
126+judge shall, upon conviction of the defendant, order payment of the costs 23
127+actually incurred for the services, not to exceed the sum of six hundred dollars 24
128+($600.00) ($600.00), to be remitted to the general fund of the local 25
129+governmental unit that operates the laboratory or paid for the laboratory 26
130+services. The funds shall be used for laboratory services. This cost shall be 27
131+assessed only in cases in which the expert witness provides testimony about 28
132+the chemical or forensic analysis in the defendant's trial and shall be in 29
133+addition to any cost assessed under subdivision (8) or (9b) of this subsection. 30
134+(13) For the services of an expert witness employed by a private hospital 31
135+performing toxicological testing under contract with a prosecutorial district 32
136+who completes a chemical analysis pursuant to G.S. 20-139.1 and provides 33
137+testimony about that analysis in a defendant's trial, the district or superior court 34
138+judge shall, upon conviction of the defendant, order payment of the costs 35
139+actually incurred for the services, not to exceed the sum of six hundred dollars 36
140+($600.00) ($600.00), to be remitted to the State Treasurer for the support of 37
141+the General Court of Justice. This cost shall be assessed only in cases in which 38
142+the expert witness provides testimony about the chemical analysis in the 39
143+defendant's trial and shall be in addition to any cost assessed under subdivision 40
144+(8a) of this subsection. 41
145+… 42
146+(f) The court may allow a defendant owing monetary obligations under this section to 43
147+either make payment in full when costs are assessed or make payment on an installment plan 44
148+arranged with the court. Defendants making use of an installment plan shall pay a onetime setup 45
149+fee of twenty dollars ($20.00) to cover the additional costs to the court of receiving and disbursing 46
150+installment payments. Fees collected under this subsection shall be remitted to the State Treasurer 47
151+for support of the General Court of Justice.When making that determination, the court shall 48
152+consider at a minimum the following factors: 49
153+(1) The defendant's monthly income in relation to the relevant federal poverty 50
154+guidelines for the defendant's household size. 51 General Assembly Of North Carolina Session 2025
155+Page 4 DRH10267-NDf-107
156+(2) Whether the defendant receives public assistance, including, but not limited 1
157+to, food assistance, Medicaid, Social Security Insurance, and Temporary 2
158+Assistance for Needy Families. 3
159+(3) The defendant's living arrangements and ability to afford or otherwise procure 4
160+housing. 5
161+(4) Whether the defendant resides in a mental health or substance abuse treatment 6
162+facility. 7
163+(5) Any limits on the defendant's ability to secure employment, including, but not 8
164+limited to, lack of access to transportation, limitations upon the defendant's 9
165+driving privileges, availability of child care for dependents, and any other 10
166+relevant factors. 11
167+…." 12
168+SECTION 1.(b) G.S. 7A-350 is repealed. 13
169+SECTION 1.(c) This section is effective when it becomes law and applies to costs 14
170+and fees assessed on or after that date. 15
171+ 16
172+PART II. CLARIFY LANGUAGE TO PRECLUDE IMPRISONMENT FOR 17
173+NONPAYMENT OF FINES AND FEES WHEN ACTIVE SENTENCE IMPOSED 18
174+SECTION 2.(a) G.S. 15A-1364(a) reads as rewritten: 19
175+"(a) Response to Default. – When a defendant who has been required to pay a fine or costs 20
176+or both defaults in payment or in any installment, the court, upon the motion of the prosecutor or 21
177+upon its own motion, may require the defendant to appear and show cause why he should not be 22
178+imprisoned or may rely upon a conditional show cause order entered under G.S. 15A-1362(c). 23
179+When making that determination, the court shall consider at a minimum the following factors: 24
180+(1) The defendant's monthly income in relation to the relevant federal poverty 25
181+guidelines for the defendant's household size. 26
182+(2) Whether the defendant receives public assistance, including, but not limited 27
183+to, food assistance, Medicaid, Social Security Insurance, and Temporary 28
184+Assistance for Needy Families. 29
185+(3) The defendant's living arrangements and ability to afford or otherwise procure 30
186+housing. 31
187+(4) Whether the defendant resides in a mental health or substance abuse treatment 32
188+facility. 33
189+(5) Any limits on the defendant's ability to secure employment, including, but not 34
190+limited to, lack of access to transportation, limitations upon the defendant's 35
191+driving privileges, availability of child care for dependents, and any other 36
192+relevant factors. 37
193+If the defendant fails to appear, an order for his arrest may be issued. This subsection shall 38
194+not apply to a defendant who has received an active sentence in the same case in which the 39
195+defendant has defaulted on the payment of a fine or costs." 40
196+SECTION 2.(b) G.S. 15A-1365 reads as rewritten: 41
197+"§ 15A-1365. Judgment for fines docketed; lien and execution. 42
198+When a defendant has defaulted in payment of a fine or costs, the judge may order that the 43
199+judgment be docketed. Upon being docketed, the judgment becomes a lien on the real estate of 44
200+the defendant in the same manner as do judgments in civil actions. Executions on docketed 45
201+judgments may be stayed only when an appeal is taken and security is given as required in civil 46
202+cases. If the judgment is affirmed on appeal to the appellate division, the clerk of the superior 47
203+court, on receipt of the certificate from the appellate division, must issue execution on the 48
204+judgment. The clerk may not issue an execution, however, if the fine or costs were imposed for 49
205+an offense other than trafficking in controlled substances or conspiring to traffic in controlled 50
206+substances under G.S. 90-95(h) and (i), respectively, and the defendant elects to serve the 51 General Assembly Of North Carolina Session 2025
207+DRH10267-NDf-107 Page 5
208+suspended sentence, if any, or serve a term of 30 days, if no suspended sentence was imposed.is 1
209+serving an active sentence." 2
210+ 3
211+PART III. MODIFY THE LAWS GOVERNING THE REVOCATION OF DRIVERS 4
212+LICENSES FOR FAILURE TO PAY FINE, PENALTY, OR COSTS 5
213+SECTION 3.(a) G.S. 20-24.1 is repealed. 6
214+SECTION 3.(b) G.S. 20-24.2 is repealed. 7
215+SECTION 3.(c) Article 2 of Chapter 20 of the General Statutes is amended by adding 8
216+a new section to read: 9
217+"§ 20-24.3. Prohibition on revocation issued solely for failure to appear or pay fine, penalty, 10
218+or costs. 11
219+Notwithstanding any other provision of law, the Division shall not revoke the drivers license 12
220+of a person charged with an infraction, misdemeanor, or felony if the revocation is solely for one 13
221+or both of the following reasons: 14
222+(1) The person failed to appear, after being notified to do so, when the case was 15
223+called for a trial or hearing. 16
224+(2) The person failed to pay a fine, penalty, or court costs ordered by the court." 17
225+SECTION 3.(d) G.S. 15A-1116(a) reads as rewritten: 18
226+"(a) Use of Contempt or Fine Collection Procedures: Notification of DMV. – If the person 19
227+does not comply with a sanction ordered by the court, the court may proceed in accordance with 20
228+Chapter 5A of the General Statutes. If the person fails to pay a penalty or costs, the court may 21
229+proceed in accordance with Article 84 of this Chapter. If the infraction is a motor vehicle 22
230+infraction, the court must report a failure to pay the applicable penalty and costs to the Division 23
231+of Motor Vehicles as specified in G.S. 20-24.2." 24
232+SECTION 3.(e) G.S. 20-13.2(e) reads as rewritten: 25
233+"(e) Before the Division restores a driver's license that has been suspended or revoked 26
234+under any provision of this Article, other than G.S. 20-24.1, the person seeking to have his 27
235+driver's license restored shall submit to the Division proof that he has notified his insurance agent 28
236+or company of his seeking the restoration and that he is financially responsible. Proof of financial 29
237+responsibility shall be in one of the following forms: 30
238+… 31
239+The preceding provisions of this subsection do not apply to applicants who do not own 32
240+currently registered motor vehicles and who do not operate nonfleet private passenger motor 33
241+vehicles that are owned by other persons and that are not insured under commercial motor vehicle 34
242+liability insurance policies. In such cases, the applicant shall sign a written certificate to that 35
243+effect. Such certificate shall be furnished by the Division and may be incorporated into the 36
244+restoration application form. Any material misrepresentation made by such person on such 37
245+certificate shall be grounds for suspension of that person's license for a period of 90 days. 38
246+For the purposes of this subsection, the term "nonfleet private passenger motor vehicle" has 39
247+the definition ascribed to it in Article 40 of General Statute Chapter 58. 40
248+The Commissioner may require that certificates required by this subsection be on a form 41
249+approved by the Commissioner. The financial responsibility required by this subsection shall be 42
250+kept in effect for not less than three years after the date that the license is restored. Failure to 43
251+maintain financial responsibility as required by this subsection shall be grounds for suspending 44
252+the restored driver's license for a period of thirty (30) days. Nothing in this subsection precludes 45
253+any person from showing proof of financial responsibility in any other manner authorized by 46
254+Articles 9A and 13 of this Chapter." 47
255+SECTION 3.(f) G.S. 20-19(k) reads as rewritten: 48
256+"(k) Before the Division restores a driver's license that has been suspended or revoked 49
257+under G.S. 20-138.5(d), or under any provision of this Article, other than G.S. 20-24.1, the 50
258+person seeking to have the person's driver's license restored shall submit to the Division proof 51 General Assembly Of North Carolina Session 2025
259+Page 6 DRH10267-NDf-107
260+that the person has notified the person's insurance agent or company that the person is seeking 1
261+the restoration and that the person is financially responsible. Proof of financial responsibility 2
262+shall be in one of the following forms: 3
263+… 4
264+Subdivisions (1) and (2) of this subsection do not apply to applicants who do not own 5
265+currently registered motor vehicles and who do not operate nonfleet private passenger motor 6
266+vehicles that are owned by other persons and that are not insured under commercial motor vehicle 7
267+liability insurance policies. In such cases, the applicant shall sign a written certificate to that 8
268+effect. Such certificate shall be furnished by the Division and may be incorporated into the 9
269+restoration application form. Any material misrepresentation made by such person on such 10
270+certificate shall be grounds for suspension of that person's license for a period of 90 days. 11
271+For the purposes of this subsection, the term "nonfleet private passenger motor vehicle" has 12
272+the definition ascribed to it in Article 40 of General Statute Chapter 58. 13
273+The Commissioner may require that certificates required by this subsection be on a form 14
274+approved by the Commissioner. The financial responsibility required by this subsection shall be 15
275+kept in effect for not less than three years after the date that the license is restored. Failure to 16
276+maintain financial responsibility as required by this subsection shall be grounds for suspending 17
277+the restored driver's license for a period of 30 days. Nothing in this subsection precludes any 18
278+person from showing proof of financial responsibility in any other manner authorized by Articles 19
279+9A and 13 of this Chapter." 20
280+SECTION 3.(g) G.S. 20-28.1(a) reads as rewritten: 21
281+"(a) Upon receipt of notice of conviction of any person of a motor vehicle moving offense, 22
282+such offense having been committed while such person's driving privilege was in a state of 23
283+suspension or revocation, the Division shall revoke such person's driving privilege for an 24
284+additional period of time as set forth in subsection (b) hereof. For purposes of this section a 25
285+violation of G.S. 20-7(a), 20-24.1, or 20-28(a) G.S. 20-7(a) or G.S. 20-28(a) or (a2) shall not be 26
286+considered a "motor vehicle moving offense" unless the offense occurred in a commercial motor 27
287+vehicle or the person held a commercial drivers license at the time of the offense." 28
288+SECTION 3.(h) G.S. 20-217(g2) reads as rewritten: 29
289+"(g2) Pursuant to G.S. 20-54, failure of a person to pay any fine or costs imposed pursuant 30
290+to this section shall result in the Division withholding the registration renewal of a motor vehicle 31
291+registered in that person's name. The clerk of superior court in the county in which the case was 32
292+disposed shall notify the Division of any person who fails to pay a fine or costs imposed pursuant 33
293+to this section within 40 days of the date specified in the court's judgment, as required by 34
294+G.S. 20-24.2(a)(2). judgment. The Division shall continue to withhold the registration renewal 35
295+of a motor vehicle until the clerk of superior court notifies the Division that the person has 36
296+satisfied whichever of the following conditions of G.S. 20-24.1(b) are applicable to the person's 37
297+case.case: 38
298+(1) Disposes of the charge in the trial division in which the person failed to appear 39
299+when the case was last called for trial or hearing. 40
300+(2) Demonstrates to the court that the person is not the person charged with the 41
301+offense. 42
302+(3) Pays the penalty, fine, or costs ordered by the court. 43
303+(4) Demonstrates to the court that the person's failure to pay the penalty, fine, or 44
304+costs was not willful and that the person is making a good-faith effort to pay 45
305+or that the penalty, fine, or costs should be remitted. 46
306+The provisions of this subsection shall be in addition to any other actions the Division may 47
307+take to enforce the payment of any fine imposed pursuant to this section." 48
308+SECTION 3.(i) G.S. 50-13.12(e) reads as rewritten: 49
309+"(e) An obligor or other person whose licensing privileges are reinstated under this section 50
310+may provide a copy of the certification set forth in either subsection (c) or (d) to each licensing 51 General Assembly Of North Carolina Session 2025
311+DRH10267-NDf-107 Page 7
312+agency to which the obligor or other person applies for reinstatement of licensing privileges. 1
313+Upon request of the obligor or other person, the clerk shall mail a copy of the certification to the 2
314+appropriate licensing board. Upon receipt of a copy of the certification, and the payment of 3
315+applicable restoration fees, the licensing board shall reinstate the license." 4
316+SECTION 3.(j) G.S. 110-142.2(f) reads as rewritten: 5
317+"(f) Upon receipt of certification under subsection (d) or (e) of this section, the Division 6
318+of Motor Vehicles shall reinstate the license to operate a motor vehicle in accordance with G.S. 7
319+20-24.1, upon payment of the restoration fee and shall remove any restriction of the individual's 8
320+motor vehicle registration." 9
321+SECTION 3.(k) Subsection (a) of this section becomes effective October 1, 2025, 10
322+and shall not affect license revocations issued prior to that date. Subsection (b) of this section 11
323+becomes effective October 1, 2025, and shall not affect reports sent prior to that date. Subsection 12
324+(c) of this section becomes effective October 1, 2025, and applies to license revocations on or 13
325+after that date. Subsection (d) of this section becomes effective October 1, 2025, and shall not 14
326+apply to reporting prior to that date. Subsections (e) and (f) of this section become effective 15
327+October 1, 2025, and shall not affect the restoration of drivers licenses suspended or revoked 16
328+prior to that date. Subsection (g) of this section becomes effective October 1, 2025, and shall not 17
329+affect the determination of whether a violation of G.S. 20-24.1 prior to that date constituted a 18
330+motor vehicle moving offense. Subsection (h) of this section becomes effective October 1, 2025, 19
331+and does not apply to registration renewals withheld for a failure to appear in court or a failure 20
332+to pay fines or costs that occurred prior to that date. Subsections (i) and (j) of this section become 21
333+effective October 1, 2025, and apply to license reinstatements on or after that date. The remainder 22
334+of this section is effective when it becomes law. 23
335+ 24
336+PART IV. CLARIFY THAT A COMMUNITY SERVICE FEE MAY BE WAIVED 25
337+SECTION 4. G.S. 143B-1483(c) reads as rewritten: 26
338+"(c) A Except upon judicial waiver for good cause, a fee of two hundred fifty dollars 27
339+($250.00) shall be paid by all persons who participate in the program or receive services from 28
340+the program staff. Only one fee may be assessed for each sentencing transaction, even if the 29
341+person is assigned to the program on more than one occasion, or while on deferred prosecution, 30
342+under a conditional discharge, or serving a sentence for the offense. A sentencing transaction 31
343+shall include all offenses considered and adjudicated during the same term of court. Fees 32
344+collected pursuant to this subsection shall be deposited in the General Fund. If the person is 33
345+convicted in a court in this State, the fee shall be paid to the clerk of court in the county in which 34
346+the person is convicted, regardless of whether the person is participating in the program as a 35
347+condition of parole, of probation imposed by the court, or pursuant to the exercise of authority 36
348+delegated to the probation officer pursuant to G.S. 15A-1343.2(e) or (f). If the person is 37
349+participating in the program as a result of a conditional discharge or a deferred prosecution or 38
350+similar program, the fee shall be paid to the clerk of court in the county in which the agreement 39
351+is filed. Persons participating in the program for any other reason shall pay the fee to the clerk of 40
352+court in the county in which the services are provided by the program staff. The fee shall be paid 41
353+in full before the person may participate in the community service program, except that: 42
354+…." 43
355+ 44
356+PART V. REPEAL COURT COSTS FOR SEAT BELT INFRACTIONS 45
357+SECTION 5.(a) G.S. 20-135.2A(e) reads as rewritten: 46
358+"(e) Any driver or front seat passenger who fails to wear a seat belt as required by this 47
359+section shall have committed an infraction and shall pay a penalty of twenty-five dollars and fifty 48
360+cents ($25.50) plus the following court costs:($25.50). 49
361+(1) The General Court of Justice fee provided for in G.S. 7A-304(a)(4). 50
362+(2) The fee provided for in G.S. 7A-304(a)(2a). 51 General Assembly Of North Carolina Session 2025
363+Page 8 DRH10267-NDf-107
364+(3) One dollar and fifty cents ($1.50) to be remitted to the county wherein the 1
365+infraction was issued, except in those cases in which the infraction was issued 2
366+by a law enforcement officer employed by a municipality, the fee shall be paid 3
367+to the municipality employing the officer. 4
368+(4) One dollar and fifty cents ($1.50) for the supplemental pension benefits of 5
369+sheriffs to be remitted to the Department of Justice and administered under 6
370+the provisions of Article 12H of Chapter 143 of the General Statutes. 7
371+Any rear seat occupant of a vehicle who fails to wear a seat belt as required by this section 8
372+shall have committed an infraction and shall pay a penalty of ten dollars ($10.00) and no court 9
373+costs. Conviction of an infraction under this section has no other consequence." 10
374+SECTION 5.(b) This section becomes effective October 1, 2025, and applies to costs 11
375+and fees assessed on or after that date. 12
376+ 13
377+PART VI. MANDATORY EXEMPTION FROM PROBATION SUPERVISION FEE 14
378+WHEN PROBATION IS EXTENDED FOR THE SOLE PURPOSE OF COMPLYING 15
379+WITH MONETARY OBLIGATIONS 16
380+SECTION 6.(a) G.S. 15A-1343(c1) reads as rewritten: 17
381+"(c1) Supervision Fee. – Any person placed on supervised probation pursuant to subsection 18
382+(a) of this section shall pay a supervision fee of forty dollars ($40.00) per month, unless exempted 19
383+by the court. The court may exempt a person from paying the fee only for good cause and upon 20
384+motion of the person placed on supervised probation. The court shall exempt a person from 21
385+paying the fee when probation is extended for the sole purpose of complying with monetary 22
386+obligations. No person shall be required to pay more than one supervision fee per month. The 23
387+court may require that the fee be paid in advance or in a lump sum or sums, and a probation 24
388+officer may require payment by such methods if he is authorized by subsection (g) to determine 25
389+the payment schedule. Supervision fees must be paid to the clerk of court for the county in which 26
390+the judgment was entered, the deferred prosecution agreement was filed, or the conditional 27
391+discharge was ordered. Fees collected under this subsection shall be transmitted to the State for 28
392+deposit into the State's General Fund." 29
393+SECTION 6.(b) This section is effective when it becomes law and applies to 30
394+supervision fees incurred in the calendar month after that date and all subsequent supervision 31
395+fees incurred in the same term of supervised probation. 32
396+ 33
397+PART VII. EFFECTIVE DATE 34
398+SECTION 7. Except as otherwise provided, this act is effective when it becomes 35
399+law. 36