A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR BAIL PROCEDURE WHEN CONFINEMENT IS IMPOSED AS PUNISHMENT FOR CRIMINAL CONTEMPT.
House committee substitute makes the following changes to the 1st edition.
Changes the short and long titles.
Deletes all of the provisions of the 1st edition and makes the following proposed changes:
Amends GS 5A-17, changing the section title to Appeals; bail proceedings, (was, Appeals). Enacts new subsections (b) and (c), providing that in appealing a case where a judicial official has imposed confinement, a bail hearing will be held within a reasonable time period after the imposition of confinement. The judicial official conducting the bail hearing must be (1) a district court judge, if the confinement is imposed by a clerk or magistrate; (2) a superior court judge if the confinement is imposed by a district court judge; or (3) a superior court judge other than the superior court judge that imposed the confinement. Provides that any person that is found in contempt and who has given notice of appeal cannot be retained in custody for more than 24 hours from the time of imposition of confinement without a bail determination being made by a judicial official as designated above. If the designated official has not acted within 24 hours of the imposition of confinement, any judicial official will act under the provisions above and hold a bail hearing.
Effective December 1, 2013, applying to confinement imposed on or after that date.
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