CRIMINAL DEFENDANT MAY WAIVE JURY TRIAL.

View NCGA Bill Details2013-2014 Session
Senate Bill 399 (Public) Filed Thursday, March 21, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION TO PROVIDE THAT A PERSON ACCUSED OF ANY CRIMINAL OFFENSE IN SUPERIOR COURT FOR WHICH THE STATE IS NOT SEEKING A SENTENCE OF DEATH MAY WAIVE THE RIGHT TO TRIAL BY JURY AND INSTEAD BE TRIED BY A JUDGE.
Intro. by Brunstetter.

Status: Ch. SL 2013-300 (Senate Action) (Jul 18 2013)

SOG comments (1):

Long title change

House committee substitute to the third edition changed the long title. Original long title was A BILL TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION TO PROVIDE THAT A PERSON ACCUSED OF ANY CRIMINAL OFFENSE MAY WAIVE THE RIGHT TO TRIAL BY JURY AND INSTEAD BE TRIED BY A JUDGE.

S 399/S.L. 2013-300

Bill Summaries:

  • Summary date: Jul 22 2013 - More information

    AN ACT TO AMEND THE CONSTITUTION TO PROVIDE THAT A PERSON ACCUSED OF ANY CRIMINAL OFFENSE IN SUPERIOR COURT FOR WHICH THE STATE IS NOT SEEKING A SENTENCE OF DEATH MAY WAIVE THE RIGHT TO TRIAL BY JURY AND INSTEAD BE TRIED BY A JUDGE. Enacted July 18, 2013. If the constitutional amendment proposed in Section 1 is approved by the voters, Section 4 is effective December 1, 2014. The remainder is effective July 18, 2013.


  • Summary date: Jun 27 2013 - More information

    House committee substitute makes the following changes to the 3rd edition.

    Changes the long title.

    Amends proposed language in Section 24 of Article 1 of the NC Constitution to provide that a person accused of any criminal offense for which the State is not seeking a death sentence in superior court can, in writing or on the record in the court and with the judge's consent, waive the right to trial by jury (previously, provided that any person accused of any noncapital crime could waive the right to trial by jury).

    Amends GS 15A-1201 to allow a defendant accused of any criminal offense for which the State is not seeking a death sentence in superior court to, knowingly and voluntarily, waive the right to trial by jury (previously, allowed a defendant in any noncapital criminal case in superior court to waive the right to trial by jury) in writing or on the record and with the trial judge's consent.


  • Summary date: May 13 2013 - More information

    Senate amendment to the 2nd edition makes the following changes. Amends the act's provisions so that it only applies to a person accused of any noncapital criminal offense. Makes a conforming change to the act's long title.


  • Summary date: Apr 23 2013 - More information

    Senate committee substitute to the 1st edition makes the following changes. Amends proposed language in Section 24 of Article I of the NC Constitution to provide that the waiver of jury trial is subject to procedures (was, regulations) prescribed by the General Assembly.


  • Summary date: Mar 21 2013 - More information

    Subject to the approval of voters at a statewide general election held on November 4, 2014, amends Section 24 of Article I of the state constitution to allow a person accused of a crime to, in writing or on the record, with the trial judge's consent, waive jury trial, subject to regulations by the General Assembly. If approved by voters, the amendment becomes effective December 1, 2004, and applies to criminal offenses arraigned in superior court on or after that date.

    Amends GS 15A-1201 to allow a defendant in a criminal case in superior court to waive the right to trial by jury with the judge's consent, in writing or on the record. Provides that when a defendant waives that right, the jury is dispensed and the whole matter of law and fact is to be heard by the court. Effective December 1, 2014, only if the constitutional amendment is approved.


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