Bill Summary for H 450 (2013-2014)

Summary date: 

May 15 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 450 (Public) Filed Wednesday, March 27, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR BAIL PROCEDURE WHEN CONFINEMENT IS IMPOSED AS PUNISHMENT FOR CRIMINAL CONTEMPT.
Intro. by Starnes.

View: All Summaries for BillTracking:

Bill summary

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.

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view