Gang members would face increased penalties and mental health evaluations for criminal suspects would be shifted out of emergency departments under bills signed into law Monday by Gov. Josh Stein.
Stein signed four bills, including two that were written as a result of violent deaths in central North Carolina.
Involuntary commitments
Stein signed House Bill 1104, which focuses on changes to how the court system handles criminal suspects with mental illnesses. It was written following the death of Iryna Zarutska, who was fatally stabbed on a Charlotte commuter train. DeCarlos Brown, the man charged in her death, was deemed incapable of proceeding following a mental evaluation. Brown was awaiting trial in a separate crime and critics argued he should have been in jail at the time of Zarutska’s death due to his past criminal history and a history of mental illness.
The General Assembly in October approved a judicial reform package titled “Iryna’s Law,” an attempt to keep more suspects in custody while awaiting trial.
Hospital representatives objected to some of the new rules. They took issue with a requirement for certain criminal defendants — who have undergone an involuntary commitment within three years of their arrest for a violent crime, or who judicial officials believe to be a danger to themselves or others — to be transported “to a hospital emergency department or other crisis facility” for a psychiatric evaluation. Hospital leaders opposed the measure, saying the suspects could endanger patients and hospital staff.
House Bill 1104 would shift those to county jails. It would also allow more North Carolinians who are under involuntary commitment orders to undergo mental health treatment outside of psychiatric facilities. The bill received broad bipartisan support in the legislature, with a handful of critics saying the legislation doesn’t go far enough to improve mental health treatment in North Carolina.
Gang activity. North Carolina already enhances penalties for crimes committed by gang members. Stein on Monday signed House Bill 1173, which would increase penalties for certain crimes committed by people who are deemed to be gang members or gang leaders.
Sponsors titled the bill “Jaleeyah’s Law” to honor the memory of 13-year-old Jaleeyah Tune of Goldsboro, who was fatally shot in December. The seventh grader at Wayne Academy was struck in the head by a stray bullet intended for a different person, bill sponsor John Bell, R-Wayne, said during a legislative committee meeting. Lawmakers and Stein said the shooting was gang-related.
“We have to address the root causes of gang activity by giving young people better options to spend their time,” Stein said Monday before he signed the bill into law. “We have to crack down on gang activity to protect innocent North Carolinians like Jaleeyah.”
House bill 1173 makes changes to the North Carolina Criminal Gang Suppression Act. Bell said during legislative committee meetings that the law made prosecuting gang crimes difficult because it “requires near-impossible evidence to prove criminal gang activity, leadership, and membership.”
The new law lowers the threshold for who can be identified as a gang member or leader. It would also more clearly define criminal gangs, gang members, gang leaders and what constitutes criminal gang activity. It also makes being “linked to a criminal gang” one of the criteria that can be used to identify a gang member.
“Jaleeyah’s law will give prosecutors and law enforcement the tools necessary to really go after those perpetrators and make sure that they do not hurt anyone else in this state,” Bell said Monday.
Bell’s effort received wide bipartisan support, but opponents said the proposed changes would create legal risks for innocent people who may associate with gangs but who aren’t gang members or involved in gang activity. Opponents pointed to Supreme Court precedent that says someone can’t be punished simply for who they associate with, versus actual criminal conduct proven in court.
Other bills
Stein signed two other bills Monday.
House Bill 162 bans cities and counties from requiring developers to include a minimum number of parking spaces in new construction. The change is intended to enable developers to maximize the use of developable land. Supporters said the new law could cut construction costs, reduce excess pavement that contributes to stormwater runoff, and give developers more flexibility in how they design projects, especially in growing urban areas like Charlotte and Raleigh. Critics said it could lead to parking shortages in places with limited transit options and shift the burden onto surrounding neighborhoods and streets if development isn’t properly managed.Senate Bill 1041 makes technical and administrative changes affecting multiple state agencies. One provision expands paid parental leave for state employees. The legislation passed both chambers unanimously.
WRAL state government reporters Will Doran and Paul Specht contributed to this report.