Bill Summaries: H227 (2021)

  • Summary date: Mar 4 2021 - View summary

    Amends GS 15A-601 to add the requirement that a defendant charged in a magistrate's order under GS 15A-511 or criminal process under Article 17 of GS Chapter 15A with a misdemeanor offense and held in custody must be brought before a district court judge in the district court district in which the crime is charged to have been committed. Specifies that this first appearance is not a critical stage of the proceedings against the defendant. Also amends the statute to require that first appearance before a district court judge be held within 48 hours (was, 96 hours) after the defendant is taken into custody or at the first regular session of the district court in the county, whichever occurs first. Makes conforming changes. Makes language gender neutral. Applies to criminal processes served on or after December 1, 2021.