Bill Summary for H 813 (2023-2024)

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Summary date: 

May 2 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

House committee substitute to the 1st edition makes the following changes.  Deletes changes to GS 7B-1906(b) that would have mandated 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)(2) to now include any juvenile who was aged 13 through 15 at the time they allegedly committed an offense that would be a Class A felony if committed by an adult (was, just a juvenile who is 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. Amends GS 15A-533 to increase the number of listed offenses from 14 to 18 that trigger a judicial determination of whether a defendant should be released before trial. Those 18 offenses are now: (1) GS 14-17 (First or second degree murder) or an attempt to commit first or second degree murder, (2) GS 14-39 (First or second degree kidnapping), (3) GS 14-27.21 (First degree forcible rape), (4) GS 14-27.22 (Second degree forcible rape), (5) GS 14-27.23 (Statutory rape of a child by an adult), (6) GS 14-27.24 (First degree statutory rape), (7) GS 14-27.25 (Statutory rape of person who is 15 years of age or younger), (8) GS 14-27.26 (First degree forcible sexual offense), (9) GS 14-27.27 (Second degree forcible sexual offense), (10) GS 14-27.28 (Statutory sexual offense with a child by an adult), (11) GS 14-27.29 ( First degree statutory sexual offense), (12) GS 14-27.30 (Statutory sexual offense with a person who is 15 years of age or younger), (13) GS 14-43.11 (Human trafficking), (14) GS 14-32(a) (Assault with a deadly weapon with intent to kill inflicting serious injury), (15) GS 14-34.1 (Discharging certain barreled weapons or a firearm into occupied property), (16) First degree burglary pursuant to GS 14-51, (17) First degree arson pursuant to GS 14-58, and (18) GS 14-87 (Robbery with firearms or other dangerous weapons) (previously, no statutory citations listed in citations and offenses were first or second degree murder, kidnapping, rape, or sexual offense; attempted murder; first degree statutory rape, statutory rape of or sexual offense against a child by an adult; statutory rape of or sexual offense against a person who is 15 years of age or younger; human trafficking; assault with a deadly weapon with intent to kill inflicting serious injury; discharging a firearm or barreled weapon into occupied property or any other conveyance while the property or conveyance is occupied; first degree burglary or arson; or robbery with a dangerous weapon).