Bill Summary for H 173 (2015-2016)

Summary date: 

Mar 17 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 173 (Public) Filed Monday, March 9, 2015
AN ACT TO AMEND VARIOUS CRIMINAL LAWS FOR THE PURPOSE OF IMPROVING TRIAL COURT EFFICIENCY.
Intro. by Stam, Faircloth, Glazier, Turner.

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Bill summary

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

Deletes proposed changes to GS 143B-426.38A (Government Data Analytics Center; State data-sharing requirements).

Amends GS 20-38.7(c) providing three exceptions to the vacating of a sentence imposed by the district court and the required holding of a new sentencing hearing when an appeal is withdrawn or a case is remanded back to district court, including if the appeal is withdrawn pursuant to GS 15A-1431(c) and the prosecutor has certified to the clerk, in writing, that the prosecutor has no new sentencing factors to offer the court. Effective October 1, 2015.

Amends the effective date for changes in Section 6 of the act, providing that the changes are effective December 1, 2015 and apply to offenses committed on or after that date (was, applies to sentences imposed).

Deletes changes made to GS 14-269.1 and GS 15-11.1(b1), concerning the confiscation and disposition of deadly weapons.

Changes the statutory location for proposed GS 122C-295 (Electronic and facsimile transmission of custody orders), now providing that the proposed section is to be GS 122C-210.3.

Deletes proposed changes to GS 15A-534(d1).

Amends GS 15A-534(d3) to provide that after conditions for pretrial release are determined for a defendant who is charged with an offense and the defendant is currently on pretrial release for a prior offense, the judicial official can require (was, must require) the execution of a secured or unsecured appearance bond in an amount at least double the amount of the most recent previous secured or unsecured bond. 

Makes technical changes.

Deletes proposed changes to GS 15A-268(a6)(4) and new (a6)(7).

Makes clarifying changes to GS 15A-268(a6)(6). 

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