Bill Summary for H 215 (2015-2016)

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Summary date: 

Jul 23 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

Senate committee substitute makes the following changes to the 4th edition.

Amends GS 15A-1201 to include certain hearings to determine aggravating factors under GS 15A-1340.16(a3) as matters of law and fact that a court will hear when a defendant waives the right to trial by jury. 

Requires a jury trial when a court allows a motion for joinder of co-defendants unless all defendants waive the right to trial by jury or the court severs the case. 

Allows a defendant to condition stipulation to waiving the right to a jury trial on each party's consent to the trial judge. 

Requires the State to schedule a hearing in open court to determine whether the judge agrees to a defendant's notice of intent to waive the right to a jury trial. Requires that the judge who will actually preside over the trial be the judge who decides to grant or deny the defendant's request for a bench trial. The judge should address the defendant personally and determine whether the defendant understands the consequences of the decision to waive the right to a jury trial. The judge should likewise consider the arguments presented by both the defendant and the State regarding the decision to waive a jury trial. 

Allows a defendant to revoke the waiver of a jury trial even after 10 business days if the trial judge finds that the revocation would not cause unreasonable hardship or delay to the State and that the revocation is tendered in good faith. 

Requires the court, upon request of any party, to make specific, written findings of fact to support the verdict. 

Makes technical changes. 

Changes the effective date to October 1, 2015 (was, July 1, 2015).