Bill Summary for H 215 (2015-2016)

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Summary date: 

Apr 2 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 215 (Public) Filed Wednesday, March 11, 2015
AN ACT TO ESTABLISH PROCEDURE FOR WAIVER OF THE RIGHT TO A JURY TRIAL IN CRIMINAL CASES IN SUPERIOR COURT.
Intro. by Stevens, Bryan, Floyd, D. Hall.

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Bill summary

House amendments make the following changes to the 2nd edition.

Amendment #1

Deletes the following language from proposed GS 15A-1201(c): "for a tentative trial date."

Amends proposed GS 15A-1201(c), appearing to intend, that after notice of waiver by the defense, the State can contact the judge scheduled to preside, and the defendant, in writing, to determine whether the judge agrees to hear that case without a jury (previously, did not require the defendant to be contacted). Adds language which gives a defendant the right to revoke a waiver to jury trial once within 10 business days of the defendant's initial decision if the defendant does so in open court with the State present, or in writing to both the State and the judge. Provides that the decision to revoke is final and binding.

Amendment #2

Deletes language in proposed GS 15A-1201(c) that provided that if the trial judge decides a motion to suppress evidence under GS Chapter 15A, Article 53, then a motion to recuse the trial judge could be appropriate.