A new state law will make it easier for law enforcement to interrogate and publicly release information about juveniles accused of serious crimes.
House Bill 186, recently dubbed “Lyric and Devin’s Law” after students prosecutors say were murdered by another juvenile, was signed into law by Democratic Gov. Roy Cooper Aug. 24. Its provisions will go into effect Dec. 1.
The bill replaced Senate Bill 303, which had the same key provisions. It had bipartisan support in both houses of the General Assembly but was opposed by some lawmakers representing Buncombe County and Asheville.
The law will allow officers to release the name, photograph, alleged offense and level of threat of a youth ― if there is an emergency or dangerous situation. In nonemergency circumstances, a court order is required. After an emergency release, the law enforcement agency must still seek a court order. If the court refuses, the agency must remove the information from its online sites.
Prior to HB 186, a parent, custodian or guardian had to be present to interrogate a juvenile. Now, if an adult from that category cannot be found, a “caretaker” may instead be present. A caretaker can mean a member of the juvenile’s household, a juvenile detention staffer or “any employee or volunteer of a division, institution, or school operated by the Department of Health and Human Services.”
Passage of the law, which had stalled in April, was a high priority of the North Carolina Sheriffs’ Association.
Association officials said juvenile crime had increased significantly in the state and pointed to the 2022 shooting deaths of high school students Lyric Woods and Devin Clark.
An Orange County teenager was sought in the deaths and fled after their deaths. The teenager’s identifying information could not be released to the public, delaying his arrest and possibly exposing the public to danger, said Iredell County Sheriff Darren Campbell, association president.
“This new law will allow us to show our community that we are doing our jobs to protect them from dangerous individuals. This bill will make it easier to prevent incidents like the one that occurred last year from happening in the future,” Campbell said.
But critics say such public releases would brand children for life with crimes for which they might not be found guilty. That is because even though law enforcement sites would be wiped after a juvenile is taken into custody, the information would almost certainly persist online.
The interrogation and public release rules run counter to the idea that juveniles need a separate criminal justice system because they are different than adults and are less able to understand their actions and advocate for themselves, opponents said.
Among the critics was Democratic Rep. Lindsey Prather, whose District 115 covers South Asheville and southwest Buncombe.
“This is specifically a concern for juveniles because they are more vulnerable,” said Prather, a former teacher who also said there are more opportunities to redirect juveniles than adults.
The law passed unanimously in the Senate, getting support from both Buncombe members of the chamber, Democratic Sen. Julie Mayfield and Republican Sen. Warren Daniel.
It was a closer vote in the House where the bill passed 96-23. In Buncombe, Prather voted no along with fellow Democrat Eric Ager, who represents East Asheville and eastern Buncombe in District 114.
Voting yes was Democrat Caleb Rudow of District 116 covering northwestern Asheville and Buncombe.
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Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He’s written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess at jburgess@citizentimes.com, 828-713-1095 or on Twitter @AVLreporter. Please help support this type of journalism with a subscription to the Citizen Times.
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