House committee substitute makes the following changes to the 1st edition.
Further amends GS 15A-601 to require a defendant's first appearance before a district court judge to be held at the earlier of the first regular session of the district court in the county or within 72 hours after the defendant is taken into custody (previously, alternatively within 96 hours after taken into custody). Makes conforming changes regarding the clerk's authority to conduct the first appearance if the district court judge is unavailable within this period, and specifies such appearances before the clerk must be during regular business hours. Makes a technical change.
Makes conforming changes to the act's long title.
Bill H 123 (2021-2022)Summary date: Mar 17 2021 - View summary
Bill H 123 (2021-2022)Summary date: Feb 19 2021 - View summary
Amends GS 15A-601 to require any defendant charged with a misdemeanor under a magistrate's order or by criminal process who is held in the custody to have a first appearance before a district court judge in the district in which the crime is charged to have been committed. Clarifies that this first appearance is not a critical stage of the proceedings. Makes technical changes and language gender neutral. Effective December 1, 2021, and applies to criminal processes served on or after that date.