G.S. ch. 15A, subch. XIII, art. 86

in effect

G.S. 15A-1381 Disposition defined.

§ 15A-1381. Disposition defined. As used in this Article, the term "disposition" means any action which results in termination or indeterminate suspension of the prosecution of a criminal charge. A disposition may be any one of the following actions: (1) A finding of no probable cause pursuant to G.S. 15A-511(c)(2); (2) An order of dismissal pursuant to G.S. 15A-604; (3) A finding of no probable cause pursuant to G.S. 15A-612(a)(3); (4) A return of not a true bill pursuant to G.S. 15A-629; (5) Repealed by Session Laws 1989, c. 688, s. 4; (6) Dismissal pursuant to G.S. 15A-931 or 15A-932; (7) Dismissal pursuant to G.S. 15A-954, 15A-955 or 15A-959; (8) Finding of a defendant's incapacity to proceed pursuant to G.S. 15A-1002 or dismissal of charges pursuant to G.S. 15A-1008; (9) Entry of a plea of guilty or no contest pursuant to G.S. 15A-1011, without regard to the sentence imposed upon the plea, and even though prayer for judgment on the plea be continued; (10) Dismissal pursuant to G.S. 15A-1227; (11) Return of verdict pursuant to G.S. 15A-1237, without regard to the sentence imposed upon such verdict and even though prayer for judgment on such verdict be continued. (1981, c. 862, s. 1; 1989, c. 688, s. 4.)

G.S. 15A-1382 Reports of disposition; fingerprints.

§ 15A-1382. Reports of disposition; fingerprints. (a) When the defendant is fingerprinted pursuant to G.S. 15A-502 prior to the disposition of the case, a report of the disposition of the charges shall be made to the State Bureau of Investigation on a form supplied by the State Bureau of Investigation within 60 days following disposition. (b) When a defendant is found guilty of any felony, regardless of the class of felony, a report of the disposition of the charges shall be made to the State Bureau of Investigation on a form supplied by the State Bureau of Investigation within 60 days following disposition. If a convicted felon was not fingerprinted pursuant to G.S. 15A-502 prior to the disposition of the case, his fingerprints shall be taken and submitted to the State Bureau of Investigation along with the report of the disposition of the charges on forms supplied by the State Bureau of Investigation. (c) In lieu of the form described in this section, the report of the disposition may be made by electronic transmission from the courts' record-keeping applications to the State Bureau of Investigation in any format mutually agreed upon by the State Bureau of Investigation and the Administrative Office of the Courts. (1981, c. 862, s. 1; 2022-47, s. 16(q).)

G.S. 15A-1382.1 Reports of disposition; domestic violence; child abuse; sentencing.

§ 15A-1382.1. Reports of disposition; domestic violence; child abuse; sentencing. (a) When a defendant is found guilty of an offense involving assault, communicating a threat, or any of the acts as defined in G.S. 50B-1(a), the presiding judge shall determine whether the defendant and victim had a personal relationship. If the judge determines that there was a personal relationship between the defendant and the victim, then the judge shall indicate in the judgment of conviction that the case involved domestic violence. The clerk of court shall insure that the official record of the defendant's conviction includes the court's determination, so that any inquiry into the defendant's criminal record will reflect that the offense involved domestic violence. (a1) When a defendant is found guilty of an offense involving child abuse or is found guilty of an offense involving assault or any of the acts as defined in G.S. 50B-1(a) and the offense was committed against a minor, then the judge shall indicate in the judgment of conviction that the case involved child abuse. The clerk of court shall ensure that the official record of the defendant's conviction includes the court's determination, so that any inquiry into the defendant's criminal record will reflect that the offense involved child abuse. (b) Repealed by Session Laws 2012-39, s. 2, effective December 1, 2012, and applicable to defendants placed on probation on or after that date. (c) The following definitions apply to this section: (1) "An offense involving assault" includes any offense where an assault occurred, whether or not the conviction is for an offense under Article 8 of Chapter 14 of the General Statutes. (2) "Inquiry" shall include any lawful review of the criminal records of persons convicted of an offense in this State, whether by law enforcement personnel or by private individuals. (3) "Personal relationship" is as defined in G.S. 50B-1(b). (2004-186, s. 11.1; 2012-39, s. 2; 2013-35, s. 2; 2013-123, s. 2; 2022-47, s. 16(r).)

G.S. 15A-1382.2 Sentencing court to include in judgment whether firearm was used.

§ 15A-1382.2. Sentencing court to include in judgment whether firearm was used. When a person is found guilty of a felony offense, the presiding judge shall determine whether the defendant used or displayed a firearm while committing the felony. If the judge determines that the defendant used or displayed a firearm while committing the felony, the sentencing court shall include that fact when entering the judgment that imposes the sentence for the felony conviction. (2013-369, s. 27.)

G.S. 15A-1383 Plans for implementation of Article; punishment for failure to comply; modification of plan.

§ 15A-1383. Plans for implementation of Article; punishment for failure to comply; modification of plan. (a) On January 1, 1982, or on the first day of the month following the date on which any superior court district becomes effective under G.S. 7A-41, each senior resident superior court judge shall file a plan with the Director of the State Bureau of Investigation for the implementation of the provisions of this Article. The plan shall be entered as an order of the court on that date. In drawing up the plan, the senior resident superior court judge may consult with any public official having authority within his district or set of districts as defined in G.S. 7A-41.1(a) and with any other persons as he may deem appropriate. Upon the request of the senior resident superior court judge, the State Bureau of Investigation shall provide such technical assistance in the preparation of the plan as the judge desires. (b) A person who is charged by the plan with a duty to make reports who fails to make such reports as required by the plan is punishable for civil contempt under Article 2 of Chapter 5A of the General Statutes. (c) When the senior resident superior court judge modifies, alters or amends a plan under this Article, the order making such modification, alteration or amendment shall be filed with the Director of the State Bureau of Investigation within 10 days of its entry. (d) Plans prepared under this Article are not "rules" within the meaning of Chapter 150B of the General Statutes. (1981, c. 862, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 70; 1989, c. 770, s. 4; 2010-96, s. 6.)

Source: North Carolina General Assembly (ncleg.gov)URL: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_15A.htmlFetched: 10/19/2026