Model Resolution on

Regulatory Overcriminalization

SECTION 1. There is created the Task Force on Regulatory Overcriminalization. The North
Carolina Sentencing and Policy Advisory Commission shall provide professional and clerical
staff and other services and supplies, including meeting space, as needed for the Task Force to
carry out its duties in an effective manner.

SECTION 2. The Task Force shall consist of 6 members as follows: (1) 3 members of the House
of Representatives. (2) 3 members of the Senate.

SECTION 3. The Speaker of the House of Representatives shall designate one Representative as
co-chair, and the President Pro Tempore of the Senate shall designate one Senator as co-chair.
Vacancies on the Task Force shall be filled by the same appointing authority that made the initial
appointment. The co-chairs shall call the initial meeting of the Task Force on or before
November 1, 2015. The Task Force shall subsequently meet upon such notice and in such
manner as its members determine. A quorum of the Task Force shall be a majority of its
members.

SECTION 4. The Task Force shall be charged with studying issues relating to the reach of
criminal law in North Carolina, with a particular focus on laws and regulations that create
criminal liability for individuals and businesses for ordinary personal or business conduct,
without intent. Among subjects for the Task Force to study are (1) crimes that lack intent (mens
rea) standards; (2) crimes defined by provisions outside the penal code; (3) state regulations
enforced by criminal penalty (regulatory crimes); (4) catch-all statutory provisions that make

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Model Resolution- NC Task Force on Regulatory Overcriminalization

any regulatory violation a crime, without any further legislative action; and (5) old,
irrelevant/redundant, or unenforceable criminal provisions.

SECTION 5. The Task Force shall be charged with making recommendations consistent with its
findings. Such recommendations may include, but are not limited to (a) appropriate default
criminal intent standards, applied retroactively and prospectively; (b) modifications to criminal
law codification, in and outside the penal code; (c) appropriate standards for regulatory crimes,
including requirements for legislative action for criminality; and (d) criminal laws to be
consolidated or eliminated.

SECTION 6. The Office of the Governor shall provide staff, data, and/or testimony to the Task
Force at the request of the Task Force.

SECTION 7. The Task Force may call upon any state department, agency, institution, or any
political subdivision thereof, and any officer or elected official of the state for facilities, data, or
other assistance.

SECTION 8. The Task Force shall encourage input from private organizations, non-profit or
for-profit, concerned with the issues it studies.

SECTION 9. The Task Force may apply for, receive, and accept grants of non-State funds or
other contributions as appropriate to assist in the performance of its duties.

SECTION 10. Members of the Task Force shall receive per diem, subsistence, and travel
allowances in accordance with G.S. 120-3.1, 138-5, or 138-6, as appropriate. The Task Force,
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Model Resolution- NC Task Force on Regulatory Overcriminalization

while in the discharge of its official duties, may exercise all powers provided for under G.S. 12019 and G.S. 120-19.1 through G.S. 120-19.4. The Task Force may meet at any time upon the
joint call of the co-chairs. The Task Force may meet in the Legislative Building or the
Legislative Office Building. With approval of the Legislative Services Commission, the
Legislative Services Officer shall assign professional staff to assist the Task Force in its work.
The House of Representatives' and the Senate's Directors of Legislative Assistants shall assign
clerical staff to the Task Force, and the expenses relating to the clerical employees shall be borne
by the Task Force. The Task Force may contract for professional, clerical, or consultant services
as provided by G.S. 120-32.02. If the Task Force hires a consultant, the consultant shall not be a
State employee or a person currently under contract with the State to provide services. All State
departments and agencies and local governments and their subdivisions shall furnish the Task
Force with any information in their possession or available to them.

SECTION 11. The Task Force shall submit a final report of the results of its study and its
recommendations to the 2017 Regular Session of the General Assembly. The Task Force shall
terminate on May 31, 2017, or upon the filing of its final report, whichever occurs first.

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Model Resolution- NC Task Force on Regulatory Overcriminalization