Bill Summary for H 768 (2013-2014)

Summary date: 

Apr 12 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 768 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT TO ELIMINATE UNSECURED APPEARANCE BOND AS A PRETRIAL RELEASE CONDITION AND TO MAKE CONFORMING CHANGES.
Intro. by Schaffer, Hager, Jordan, Brandon.

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Bill summary

Amends GS 15A-534(a) deleting subsection (2) which included an unsecured appearance bond as one of five options of conditions a judicial official must impose in determining conditions of pretrial release.

Amends GS 15A-534(b) restricting the judicial official in granting pretrial release to impose condition (1) (written promise to appear) or (3) (placing the defendant in the custody of a designated person or organization) in subsection (a).  Upon making the determination that release will not assure the defendant's appearance, the judicial official must then impose condition (4) (appearance bond) or (5) (house arrest with electronic monitoring) in subsection (a) instead of condition (1) or (3) and must record the reasons for doing so to the extent provided in the policies or requirements issued by the senior resident superior judge.

Amends GS 15A-534(d) clarifying that the judicial official authorizing pretrial release must inform the defendant in writing of the penalties applicable to violations of the conditions of the defendant's release; and advise the defendant that the defendant's arrest will be ordered immediately upon any violation.

Amends GS 15A-534(d1) limiting the type of bond for which the secured appearance bond will be based on to secured bonds, instead of secured or unsecured bonds.

Amends GS 15A-534(d2)(1) removing the reference to condition (2) in subsection (a) to conform with amended subsection (a).

Amends GS 15A-534(g) clarifying the role of the judicial official by changing "him" and "he" to "the judicial official."

Amends GS 15A-535(b) removing the reference to condition (2) in subsection (a) to conform with amended subsection (a).

Applies to criminal action to determine pretrial release conditions on or after December 1, 2013.

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