Bill Summary for H 697

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Summary date: 

May 3 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 697 (Public) Filed Tuesday, April 18, 2023
Intro. by Stevens.

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Bill summary

House committee substitute to the 1st edition makes the following changes.  Deletes new GS 7A-166, which would have outlined the responsibility of the district attorney to arrange and supervise the calendaring of criminal matters based on a docketing plan developed by the district attorney for each district court. Deletes changes to GS 7A-191.1 that would have required all criminal proceedings in district court to be recorded by stenographic notes, or by electronic or mechanical means and specified that the record will be reduced to a written transcript only when notice of appeal is given or when either party requests it and provides for the cost of transcription.

Amends GS 7A-272(c) to specify that the chief district court judge may schedule and assign sessions of court to accept pleas of guilty or no contest pursuant to the subsection, and the district attorney must cause agreed-upon pleas to be calendared for these sessions. Makes technical changes.

Amends GS 15A-952(g) to set forth a fifth factor pertaining to good cause for a continuance, as follows. Specifies that good cause for a continuance must include those instances when the State asserts that the case involves analysis of evidence by the State Crime Lab or other entity for testing, that the evidence has been submitted for testing, and that the result of the testing is not available or expected to be available on the date postponed. Requires that a continuance for these reasons must be granted.  Deletes provision requiring judge to give written findings and issue an order explaining the judge’s decision whenever they grant a third or subsequent continuance in a case, unless the continuance is granted with the consent of both parties. Replaces that provision with requirement that, except in cases where the parties consent to the continuance, the judge must announce in open court which party made the motion for continuance and the grounds for granting the continuance. Makes organizational changes.

Amends GS 7A-271(e) (jurisdiction of superior court over probation revocation hearings) to specify that once the superior court has concluded a probation revocation hearing, the superior court must proceed without remanding or sending the matter back to district court unless covered under subsection GS 7A-271(f). Amends GS 15A-1341(a6) (probation generally) to specify that if the revocation hearing is heard in superior court, that court must enter an adjudication of guilt and cannot remand the matter to district court unless covered by GS 7A-271(f). Effective October 1, 2023.