CLARIFY CLEVELAND BOARD OF EDUCATION ELECTION. (NEW)

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View NCGA Bill Details2017-2018 Session
Senate Bill 560 (Local) Filed Thursday, March 30, 2017
AN ACT TO CLARIFY THE PROCESS FOR ELECTION OF THE CLEVELAND COUNTY BOARD OF EDUCATION.
Intro. by J. Jackson, Britt, Tucker.
Status: Ch. SL 2017-200 (Senate Action) (Aug 3 2017)

SOG comments (1):

Change long and short titles

Submitted by Donna.Clark@ncl... on

House committee substitute to 1st edition changed long and short titles.  Long title was AN ACT TO PROVIDE THAT A PRIVATE CITIZEN'S SHOWING OF PROBABLE CAUSE TO THE MAGISTRATE SHALL INCLUDE SUFFICIENT INFORMATION SUPPORTED BY OATH OR AFFIRMATION THAT A CRIME HAS OCCURRED AND SHALL ISSUE AS A SUMMONS UNLESS A SUBSTANTIAL LIKELIHOOD EXISTS THAT THE DEFENDANT WILL NOT RESPOND TO A SUMMONS. Short title was CITIZEN'S WARRANTS.

Bill History:

S 560/S.L. 2017-200

Bill Summaries:

  • Bill s 560 (2017-2018)
    Summary date: Aug 11 2017 - View Summary

    AN ACT TO CLARIFY THE PROCESS FOR ELECTION OF THE CLEVELAND COUNTY BOARD OF EDUCATION. Enacted August 3, 2017. Effective August 3, 2017.

    Education, Elementary and Secondary Education, Government, Elections
    Cleveland
  • Bill S 560 (2017-2018)
    Summary date: Aug 3 2017 - View Summary

    House committee substitute deletes the contents of the 1st edition and replaces it with the following.

    Amends Section 3.1 of SL 2017-78 by adding that unaffiliated candidates for election to the Cleveland County Board of Education are to be nominated by petition as provided in GS 163-296.

    Adds new Section 3.3 to SL 2017-78 specifying that for the 2017 elections for the Cleveland County Board of Education only, petitions for an unaffiliated candidate to be placed on the ballot must be signed by at least 500 voters of the county that are qualified to vote in the Cleveland County Board of Education election.

    Makes conforming changes to the act's short and long titles.

    Education, Elementary and Secondary Education, Government, Elections
    Cleveland
  • Bill S 560 (2017-2018)
    Summary date: Mar 30 2017 - View Summary

    Amends GS 15A-304, pertaining to warrants for arrest, to add new subsection (d1) establishing provisions to authorize a magistrate to issue a citizen's warrant or criminal summons, based solely on information supplied by a private person.

    Requires the information provided by a private person to be supported by oath or affirmation and be sufficient for the magistrate to make an independent judgment that there is probable cause to believe that a crime has been committed and that the person to be arrested committed it. Requires the information to be shown by one or more of the methods listed in existing subsection (d) for showing probable cause for a warrant for arrest, which include by affidavit, oral testimony under oath or affirmation before the issuing official, or oral testimony under oath or affirmation presented by a sworn law enforcement officer to the issuing official by means of a clear audio and video transmission.

    Directs that a citizen's summons rather than a citizen's warrant be issued unless: (1) the accused has a history of failure to appear before the court as required; (2) there is evidence that the accused is likely to escape or otherwise flee the State in order to avoid prosecution for the offense alleged; (3) there is evidence of imminent danger of harm to persons or property if the accused is not taken into custody; (4) the location of the accused is not readily discoverable, in that a criminal summons would be unlikely to be served before any court date assigned at the time of issue; (5) a relevant statute provides that arrest is mandatory for an offense charged; or (6) the seriousness of the offense constitutes grounds for an arrest warrant.

    Amends subsection (a) to make organizational changes and to add the term citizen's warrant. Amends subsection (c) to make the requirements concerning the statement of the crime apply to both a warrant for arrest and a citizen's warrant. Makes change to subsection (d) to clarify that those provisions apply to warrants for arrest. Makes technical changes.  

    Effective December 1, 2017, and applies to warrants issued on or after that date. 

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure
    GS 15A
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