Bill Summary for H 813 (2023-2024)

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Summary date: 

Apr 21 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 813 (Public) Filed Tuesday, April 18, 2023
AN ACT TO MODIFY LAWS RELATING TO PRETRIAL RELEASE.
Intro. by Bradford, D. Hall, A. Jones.

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Bill summary

Amends subsection (b) of GS 7B-1906 to mandate that a juvenile being held in secure or nonsecure custody for an offense that would be a Class A felony if committed by an adult is not entitled to the subsequent hearings on the need for secure or nonsecure custody held in 10-day intervals under that subsection. Amends subsection (b1) to include any juvenile alleged to have committed an offense that would be a Class A felony if committed by an adult to the criteria under that subsection for continued hearings on secure custody at 30-day intervals. Reorganizes that subsection for clarity. Effective and applies to offenses committed on or after October 1, 2023.

Amends GS 15A-533 to provide that a judge must determine, in the judge’s discretion, if a defendant should be released before trial for 14 listed offenses, ranging from murder to robbery with a dangerous weapon. Allows the judge to set pretrial release conditions for the offenses in accordance with GS 15A-534. Requires that if a defendant commits a new offense while on pretrial release, a judge must determine the conditions of pretrial release for the new offense. The judge must consider a criminal history report prepared by a law enforcement officer or district attorney, and may not take longer than 48 hours to make a determination on pretrial release conditions. Effective and applies to offenses committed on or after October 1, 2023.