The Raleigh Report
From the Office of Cullie Tarleton
January 19, 2009
This is a momentous time in history for North Carolinians and the nation alike. North Carolina has just inaugurated Bev Perdue as our first female governor, and this week our nation will inaugurate the first African American President, Barack Obama. Because this is such a historically significant time, it seems appropriate to reflect upon what our state government has done lately to address the issues of justice and equality.
The following information highlights some of the policies that the General Assembly enacted during the 2007-2008 session to improve justice and equality across the state. While our state has made important strides in advancing justice and equality, the following information is meant to serve as an example of how far we have come and a reminder of work yet to be done.
Domestic Violence
The Joint Legislative Committee on Domestic Violence studies ways to reduce domestic violence in North Carolina and protects the interests of victims of domestic violence. Several laws were passed during the 2007-2008 legislative session based on their recommendations.
The General Assemble tightened up domestic violence laws with an act (HB 42 which I co-sponsored) that adds stalking to the list of reasons a magistrate can hold an abuser in jail.
State lawmakers passed an act (HB 46) to enhance protection of domestic violence victims by determining whether security guidelines are needed for domestic violence shelters operated by state funded agencies. The act also provides for secure areas, where feasible, to domestic violence victims to await the hearing of their court case. This act went into effect on May 1, 2008.
The state legislature has passed an act (HB 47) to create a felony offense for persons who knowingly violate a domestic violence protective order while armed with a deadly weapon.
Eugenics
In North Carolina, more than 7,600 people were sterilized between 1929 and 1978 by the state’s Eugenics Sterilization Program. Some of the victims of the program were disabled or mentally disabled, but others were victimized simply because they were poor or black. The House Select Committee on Compensation for Victims of the Eugenics Sterilization Program was established to study possible means of compensation for victims. In its final report, the committee made recommendations for a range of reparations to be made to North Carolinians victimized by the state’s forced sterilization program.
During the 2009-2010 session, state lawmakers will continue to examine possible means of compensation for victims, including monetary compensation and counseling benefits.
Hate Crimes
The General Assembly ratified and Gov. Easley signed a new law (SB 685) to prohibit the placing of a burning cross on any public place, and to raise the penalty for burning a cross with the intent to intimidate. The new law also raises the penalty for creating an exhibit, such as a noose, with the intent to intimidate and increases the penalty for placing such an exhibit while wearing a mask, hood, or other disguise. To emphasize the severity of hate crimes, the law will increase penalties for offenses committed because of a victim’s background.
Human Rights
My colleagues and I created a new law (SB 1079) to protect victims of human trafficking. The law grants victims of human trafficking temporary access to state public benefits (including human services and legal aid) even if they are not legal state residents. Victims of human trafficking would also be eligible for the Attorney General’s Address Confidentiality Program to protect them from assailants or potential assailants. Victims will only be eligible for these services as long as federal law allows them to legally remain in the country.
Justice
Under a new state law (HB 2105) people who are wrongfully convicted of a crime will receive $50,000 for every year they spent in prison if they are exonerated. The prior law only allowed for $20,000 per year and capped the total award at $500,000. The new law will increase the cap to $750,000 and allow free job training and tuition for community colleges and public universities.
The Eyewitness Identification Reform Act (HB 1625) went into effect on March 1, 2008. The purpose of the act is to help solve crime, convict the guilty, and exonerate the innocent in criminal proceedings by improving procedures for eyewitness identification of suspects.
Lawmakers have passed an act (HB 1626) to enhance the reliability of interrogations. Under the provisions of the act, a custodial interrogation in a homicide case must be electronically recorded in its entirety.
Official Apology for Slavery
State lawmakers ratified a Joint Resolution (SJR 1557) on April 12, 2007, expressing the profound regret of the North Carolina General Assembly for the history of wrongs inflicted upon black citizens by means of slavery, exploitation, and legalized racial segregation and calling on all citizens to take part in acts of racial reconciliation.
50th Anniversary of Public School Integration
In June of 2008 the House recognized the 50th anniversary of public school integration by honoring some of the students and administrators who helped break the color barrier. Several members of the House of Representatives who were teachers or students at the time used the occasion to recall personal stories and remembrances from the integration movement. Others expressed gratitude for their efforts. Governor Easley also recognized the students at the Governor’s Mansion and presented each with the Old North State award.
Notes
Congratulations to attorney general Roy Cooper and his staff for winning a suite against the TVA for violating N C’s Clean Air Act. Judge Lacy Thornburg has ordered the TVA to clean up the air pollution coming from its plants closest to N C. “This will help our air, our health and our travel and tourism economy”, said the Attorney General. I agree. Our health, economy and natural resources are critically important to the high country and our state.
I’ve mentioned several times the switch from analog to digital television in February. It now appears that the Obama administration will ask the congress to delay the switch. As they say in the business, stay tuned.
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