Bill Summary for H 891 (2013-2014)

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Summary date: 

Apr 16 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 891 (Public) Filed Thursday, April 11, 2013
A BILL TO BE ENTITLED AN ACT TO ALLOW THE DISTRICT ATTORNEY TO PETITION THE COURT TO FREEZE THE ASSETS OF A DEFENDANT CHARGED WITH FINANCIAL EXPLOITATION OF AN ELDER ADULT OR DISABLED ADULT AND TO ESTABLISH A PROCEDURE TO PETITION FOR THE FREEZING OR SEIZURE OF THE DEFENDANT'S ASSETS.
Intro. by Glazier, McGrady.

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Bill summary

Amends GS 14-112.2 (exploitation of an elder or disabled adult) adding subsection (f) allowing a district attorney to file a petition  in superior court to freeze the funds, assets, or property of the defendant in an amount equal to but not greater than the alleged value of the funds, assets, or property in the pending criminal proceeding for the purpose of restitution to the victim when a person is charged with violating the statute and the property involved is valued at more than $5,000.

Enacts GS 14-112.3 requiring a superior court judge to issue an order to freeze or seize assets of the defendant in the amount calculated pursuant to GS 14-112.2(f) upon the showing of probable cause in the ex parte hearing that the defendant used, is using, is about to use, or is intending to use assets in a way that violates GS 14-112.2. Within 30 days after service of the order, the defendant may file a motion to release the assets. A hearing on the motion must take place no later than 10 days after it was filed. Allows for a separate civil proceeding.

Applies to criminal proceedings filed on or after December 1, 2013.