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.
MISDEMEANORS/MANDATE FIRST APPEARANCES.
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| View NCGA Bill Details | 2021 |
AN ACT TO REQUIRE A FIRST APPEARANCE BEFORE A DISTRICT COURT JUDGE FOR A DEFENDANT CHARGED WITH A MISDEMEANOR OFFENSE AND HELD IN CUSTODY AND TO REQUIRE THAT A FIRST APPEARANCE FOR ANY CRIMINAL CHARGE BE HELD WITHIN SEVENTY-TWO HOURS OF WHEN A DEFENDANT IS TAKEN INTO CUSTODY.Intro. by John, Rogers, Richardson, A. Jones.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 12 2021)
Bill History:
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Fri, 19 Feb 2021 House: Filed
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Tue, 23 Feb 2021 House: Passed 1st Reading
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Wed, 17 Mar 2021 House: Reptd Fav Com Substitute
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Wed, 17 Mar 2021 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Tue, 11 May 2021 House: Reptd Fav
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Tue, 11 May 2021 House: Cal Pursuant Rule 36(b)
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Tue, 11 May 2021 House: Placed On Cal For 05/12/2021
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Wed, 12 May 2021 House: Passed 2nd Reading
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Wed, 12 May 2021 House: Passed 3rd Reading
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Wed, 12 May 2021 House: Special Message Sent To Senate
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Wed, 12 May 2021 Senate: Special Message Received From House
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Wed, 12 May 2021 Senate: Passed 1st Reading
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Wed, 12 May 2021 Senate: Ref To Com On Rules and Operations of the Senate
H 123
Bill Summaries:
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Bill H 123 (2021-2022)Summary date: Mar 17 2021 - View Summary
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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.
View: All Summaries for Bill
House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO REQUIRE A FIRST APPEARANCE BEFORE A DISTRICT COURT JUDGE FOR A DEFENDANT CHARGED WITH A MISDEMEANOR OFFENSE AND HELD IN CUSTODY, AS RECOMMENDED BY THE COURTS COMMISSION.