Bill Summary for H 217 (2013-2014)
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| View NCGA Bill Details | 2013-2014 Session |
A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR PROBATION REVOCATION HEARINGS IN DISTRICT COURT WITH A RIGHT OF DIRECT APPEAL TO THE COURT OF APPEALS, TO ALLOW FOR AN UNRESTRICTED RESENTENCING HEARING UPON THE REVERSAL OF A SENTENCE ON APPELLATE REVIEW, TO AMEND THE PROCEDURE IN DRIVING WHILE IMPAIRED CASES, TO PROVIDE FOR THE TRANSFER OF JUVENILE DEFENDANTS TO SUPERIOR COURT WHEN CHARGED WITH A MAJOR CRIMINAL OFFENSE, AND TO REQUIRE THE COURTS COMMISSION TO STUDY THE COURT JURISDICTION AND JURY TRIAL PROCESS FOR MISDEMEANORS AND OTHER METHODS OF IMPROVING THE EFFICIENCY AND ADMINISTRATION OF THE JUSTICE SYSTEM.Intro. by Faircloth, Stam.
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Bill summary
Section #1
Amends GS 7A-27, Appeals of right from the courts of the trial divisions, adding new GS 7A-27(c1), stating that there is an appeal of right to the Court of Appeals from any final judgment of a district court that revokes probation or imposes special probation.
Effective October 1, 2013.
Section #2
Amends GS 7A-271 by repealing GS 7A-271(e) and (f).
Effective October 1, 2013.
Section #3
Amends GS 7A-272 by creating two new subsections: (1) GS 7A-272(a1), stating that the district court has exclusive jurisdiction over the supervision of a probation judgment entered into in superior court and to hear and enter judgment in any hearing held pursuant to GS 15A-1345(e). If a district court judge, as a result of a finding of a violation of probation, activates a sentence or imposes special probation, the defendant may appeal under GS 7A-27. (2) GS 7A-272(a2), stating that the superior court will retain jurisdiction in all cases in which there is a deferred prosecution or conditional discharge agreement unless the chief district court judge and the senior resident superior court judge agree that jurisdiction will be with the district court.
Deletes GS 7A-272(e) and (f).
Effective October 1, 2013.
Section #4
Repeals GS 15A-1335 (Resentencing after appellate review).
Effective for resentencing hearings held on or after December 1, 2013.
Section #5
Repeals GS 15A-1347 (Appeal from revocation of probation or imposition of special probation upon violation).
Effective October 1, 2013.
Section #6
Amends GS 20-16.3(d), making technical and clarifying changes. Eliminates the ability to use a positive or negative result on an alcohol screening in court in lieu of only allowing the numeric results in court for probable cause determinations.
Effective for hearings held on or after December 1, 2013, and for administrative hearings made on or after December 1, 2013.
Section #7
Amends GS 7B-2200 (Transfer of jurisdiction of juvenile to superior court), adding new language that states that, upon motion by the prosecutor, if the alleged felony constitutes a Class B1 through class E felony and the court finds probable cause, the court will transfer the case to the superior court for trial, as in the case of adults.
Effective for transfer hearings held on or after December 1, 2013.
Section #8
Provides for a study of NC's criminal and appellate procedures conducted by the NC Courts Commission, in consultation with the Administrative Office of the Courts, the North Carolina Sentencing and Policy Advisory Commission, the Conference of District Attorneys, the North Carolina Office of Indigent Defense Services, and the School of Government as well as other appropriate organizations or agencies. Study should review the possibility of six-person juries for misdemeanors, granting magistrates greater authority to hear cases, re-designating low-level misdemeanors as infractions, and whether any other actions should be taken to ensure the protection of a defendant's constitutional rights and that the court system is more efficient and cost effective. Requires a report to the General Assembly by April 1, 2014.
Effective October 1, 2013.