Bill Summary for H 123 (2021-2022)

Summary date: 

Feb 19 2021

Bill Information:

View NCGA Bill Details2021-2022 Session
House Bill 123 (Public) Filed Friday, February 19, 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.

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Bill 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.

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