LIMIT APPEALS TO SUPERIOR COURT.

View NCGA Bill Details2013-2014 Session
Senate Bill 182 (Public) Filed Tuesday, March 5, 2013
A BILL TO BE ENTITLED AN ACT TO ELIMINATE APPEALS FOR INFRACTIONS, TO MODIFY APPEALS TO THE SUPERIOR COURT IN PROBATION REVOCATIONS IN WHICH THE DEFENDANT HAS WAIVED A HEARING, TO AMEND THE LAW PERTAINING TO RESENTENCING UPON THE REVERSAL OF A SENTENCE ON APPELLATE REVIEW, TO MAKE CHANGES REGARDING THE PROCEDURES FOR A MOTION FOR APPROPRITE RELIEF, AND TO RECLASSIFY CERTAIN MISDEMEANORS AS INFRACTIONS.
Intro. by Brunstetter.

Status: Ch. SL 2013-385 (Senate Action) (Aug 23 2013)

SOG comments (2):

Long title change

Senate committee substitute to the first edition changed the long title. Original long title was A BILL TO BE ENTITLED AN ACT TO ELIMINATE APPEALS DE NOVO TO THE SUPERIOR COURT IN MISDEMEANOR CASES IN WHICH THE DEFENDANT HAS PLED GUILTY AND TO ELIMINATE APPEALS FROM DISTRICT COURT TO SUPERIOR COURT FOR INFRACTIONS AND PROBATION REVOCATIONS.

Long title change

Senate amendment to the second edition changed the long title. Title of the second edition was A BILL TO BE ENTITLED AN ACT TO ELIMINATE APPEALS FOR INFRACTIONS, TO MODIFY APPEALS TO THE SUPERIOR COURT IN PROBATION REVOCATIONS IN WHICH THE DEFENDANT HAS WAIVED A HEARING, TO ALLOW FOR AN UNRESTRICTED RESENTENCING HEARING UPON THE REVERSAL OF A SENTENCE ON APPELLATE REVIEW, AND TO RECLASSIFY CERTAIN MISDEMEANORS AS INFRACTIONS.

 

 

Bill History:

S 182/S.L. 2013-385

Bill Summaries:

  • Summary date: Sep 3 2013 - More information

    AN ACT TO ELIMINATE APPEALS FOR INFRACTIONS, TO MODIFY APPEALS TO THE SUPERIOR COURT IN PROBATION REVOCATIONS IN WHICH THE DEFENDANT HAS WAIVED A HEARING, TO AMEND THE LAW PERTAINING TO RESENTENCING UPON THE REVERSAL OF A SENTENCE ON APPELLATE REVIEW, TO MAKE CHANGES REGARDING THE PROCEDURES FOR A MOTION FOR APPROPRITE RELIEF, AND TO RECLASSIFY CERTAIN MISDEMEANORS AS INFRACTIONS. Enacted August 23, 2013. Effective December 1, 2013.


  • Summary date: Jul 25 2013 - More information

    Conference report makes the following changes to the 5th edition.

    Makes the proposed changes to GS 20-35, 20-176, and 113-135(a) effective if Senate Bill 402, the Appropriations Act, becomes law.

    Amends the effective date clause, providing that prosecutions for offenses committed before the effective date are not abated or affected, and the statutes that would be applicable remain applicable to those prosecutions.

     


  • Summary date: Jul 23 2013 - More information

    House amendment makes the following changes to the 4th edition, as amended.

    Deletes Section 2 from the act, which repealed GS 15A-1347 and amended GS 7A-27, which provided that appeal lies of right directly to the Court of Appeals for any final judgment of a district court that revokes probation or imposes special probation. Makes conforming deletions in the effective date provision.


  • Summary date: Jul 22 2013 - More information

    House amendment makes the following changes to the 4th edition.

    Amends the title ofthis act to reflect changes in the bill content.

    Amends GS 15A-1420 regardingmotions for appropriate relief to delete subsection (b2), which providesfor the assignment for review, and the initial review of motions, and the setting of a time frame for hearings and rulings on motions in non-capital cases. Also deletes subsection (b3) pertaining to the review and calendaring of motions in capital cases. Provides that this act applies to motions filed on or after December 1, 2013, the effective date of this act.


  • Summary date: Jul 18 2013 - More information

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

    Changes the long title.

    Provides that Section 2 of the act, proposed changes to GS 15A-1347, will become effective December 1, 2013, and will expire on December 31, 2015. Repeals GS 15A-1347, effective December 31, 2015.

    Amends GS 7A-27, effective January 1, 2016, to provide that an appeal lies of right directly to the Court of Appeals, from any final judgment of a district court that revokes probation or imposes special probation. Effective January 1, 2016.

     

     


  • Summary date: May 15 2013 - More information

    Senate amendment makes the following changes to the 2nd edition:

    Changes the bill title to conform to changes in the bill.

    Amends Section 3 of the bill by deleting the repeal of GS 15A-1335 (providing for resentencing after appellate review) and instead amending this statute to make it not applicable when a defendant succeeds in having a guilty plea vacated on direct review or collateral attack; amends the effective date to conform to this change.


  • Summary date: May 14 2013 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Changes the long title.

    Deletes the provisions of the 1st edition.

    Amends GS 15A-1115, renaming section to Review of Infraction originally disposed of in superior court (was, Review of disposition by superior court). Deletes GS 15A-1115(a), Appeal of District Court Decision.

    Amends GS 15A-1347, renaming section to Appeal from revocation of probation or imposition of special probation upon violation; consequences of waiver of hearing (was, Appeal from revocation of probation or imposition of special probation upon vioaltion). Deletes proposed changes. Creates new subsection GS 15A-1347(b), providing that if a defendant waives a revocation hearing, then the finding of probation, activation of sentence, or imposition of special probation cannot be appealed to the superior court.

    Repeals GS 15A-1335, resentencing after appellate review.

    Amends GS 20-35, Penalties for violating Article; defense to driving without a license, providing that any person who does any of the following is responsible for an infraction:

    (1) Failing to carry a valid license while driving a motor vehicle, in violation of GS 20-7(a).

    (2) Operating a motor vehicle with an expired license, in violation of GS 20-7(f).

    (3) Failing to notify the Division of an address change for a drivers license within 60 days after the change occurs, in violation of GS 20-7.1.

    Changes language in GS 20-35(c), Defenses, providing that persons can be found "responsible for" and not "convicted of" the infractions included above.

    Makes a conforming change.

    Amends GS 20-176, providing that doing any of the following will result in being responsible for an infraction:

    (1) Failing to carry the registration card in the vehicle, in violation of GS 20-57(c).

    (2) Failing to sign the vehicle registration card, in violation of GS 20-57(c).

    (3) Failing to notify the DMV of an address change for a vehicle registration card within 60 days after the change occurs, in violation of GS 20-67.

    Makes a conforming change.

    Amends GS 113-135(a), providing that fishing without a license in violation of GS 113-174.1(a) or GS 113-270B(a) is punishable as an infraction.

    Section 3 of the act, repealing GS 15A-1335 becomes effective December 1, 2013, and applies to appeals initiated on or after that date. The remainder of this act becomes effective December 1, 2013, and applies to offenses committed on or after that date.


  • Summary date: Mar 5 2013 - More information

    Amends GS 7A-290, providing that defendants that plead guilty or no contest to a misdemeanor in district court, pursuant to GS 15A-1431.1, waive the right to trial de novo in superior court and can only appeal the decision to the Court of Appeals (was, any defendant convicted in district court could appeal to superior court for trial de novo).

    Amends GS 15A-1115, only allowing a person who denies responsibility but is found responsible for an infraction in district court to, within 10 days of the hearing, appeal the decision to the Court of Appeals (was, can appeal to the criminal division of superior court for hearing de novo).

    Amends GS 15A-1347, stating when a district court judge, as a result of a finding of a violation of probation, activates a sentence or imposes special probation, the defendant can only appeal to the Court of Appeals (was, superior court for trial de novo).

    Amends GS 15A-1431(b), stating that except provided in GS 15A-1431.1, a defendant convicted in district court can only appeal to the superior court for trial de novo with a jury, as provided by law. Deletes technical language concerned with the jurisdiction of superior court and plea agreements.

    Amends GS Chapter 15A by adding new GS 15A-1431.1, referred to above, Guilty pleas to misdemeanors in district court; appeals, which provides that defendants who plead guilty or no contest to a misdemeanor in district court waive the right to trial de novo in superior court and may appeal the decision to the Court of Appeals. Also, provides that GS 15A-1021, 15A-1022, 15A-1023, 15A-1024, and 15A-1025, relating to guilty pleas in superior court, are applicable to guilty pleas entered in district court, to the extent that those provisions apply to misdemeanors. GS 15A-1026, as far as it deals with the making and preserving of a record of proceedings, also applies to guilty pleas to misdemeanors entered in district court. 

    Amends GS 15A-1444(a2), deleting in superior court limitation for appeal.

    Effective December 1, 2013, applying to acts committed on or after that date.

     


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