Bill Summary for H 90 (2023-2024)

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Summary date: 

Feb 13 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 90 (Public) Filed Monday, February 13, 2023
AN ACT TO REINSTATE THE DISCRETION OF A JUDICIAL OFFICIAL IN SETTING APPROPRIATE CONDITIONS OF PRETRIAL RELEASE FOR A DEFENDANT THAT HAS PREVIOUSLY FAILED TO APPEAR IN COURT FOR THE CHARGES TO WHICH THE CONDITIONS APPLY, AS RECOMMENDED BY THE COURTS COMMISSION.
Intro. by John, Alston, Budd, Harrison.

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Bill summary

Amends GS 15A-534 to no longer mandate judicial officials to require a defendant to execute a secured appearance bond when imposing house arrest with electronic monitoring as a condition of pretrial release. Additionally, no longer mandates a judicial official to require a defendant who has failed to appear on one or more prior occasions to answer the charge(s) to which pretrial conditions apply to execute a secured appearance bond in an amount at least double the amount of the most recent previous secured or unsecured bond, or $1,000 if no bond has been required of the charges. Instead, requires the judicial official to impose conditions of pretrial release provided by the statute, which includes imposing restrictions on travel, associations, conduct, or place of abode of the defendant. Effective December 1, 2023, and applies to conditions of pretrial release imposed on or after that date.