Bill Summary for H 115 (2015-2016)

Summary date: 

Feb 24 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 115 (Public) Filed Tuesday, February 24, 2015
AN ACT TO AMEND THE CONSTITUTION TO PROVIDE THAT A PERSON MUST HAVE THE CONSENT OF THE PROSECUTOR IN ADDITION TO THE CONSENT OF THE TRIAL JUDGE TO WAIVE THE PERSON'S RIGHT TO A JURY TRIAL IN SUPERIOR COURT FOR A NONCAPITAL OFFENSE.
Intro. by Speciale, Cleveland, Millis, Ford.

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Bill summary

Subject to the approval of voters at a statewide general election held in November 2016, amends Section 24 of Article I of the state constitution to allow a person accused of a crime (when the State is not seeking the death penalty) to, in writing or on the record, with the trial judge's and prosecutor’s consent, waive jury trial, subject to regulations by the General Assembly (previously, allowed to waive right to jury with just the trial judge’s consent). If approved by voters, the amendment becomes effective December 1, 2016, 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 (when the State is not seeking the death penalty) to waive the right to trial by jury with the judge's and prosecutor’s consent (previously, allowed to waive right to jury with just the trial judge’s consent), in writing or on the record. Effective December 1, 2016, only if the constitutional amendment is approved.

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