Bill Summary for S 384 (2017-2018)
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| View NCGA Bill Details | 2017-2018 Session |
AN ACT TO AMEND THE LAW REGARDING THE USE OF MOTIONS FOR APPROPRIATE RELIEF; TO CLARIFY THE DEFINITION OF "FELONY OFFENSE" FOR PURPOSES OF THE HABITUAL FELON LAW AND TO REMOVE THE SUNSET ON DRIVERS LICENSE ELIGIBILITY FOR PERSONS CONVICTED OF HABITUAL IMPAIRED DRIVING; TO INCLUDE BREAKING AND ENTERING WITH THE INTENT TO TERRORIZE AS A HABITUAL BREAKING AND ENTERING STATUS OFFENSE; TO CLARIFY THAT WHEN A PERSON IS CHARGED WITH AN OFFENSE WHICH REQUIRES MANDATORY FINGERPRINTING, FINGERPRINTING WILL BE ORDERED BY THE COURT IF THE OFFENDER WAS NOT ARRESTED AND FINGERPRINTED AT THE TIME OF THE OFFENSE; AND TO PROVIDE THAT A PRIVATE CITIZEN'S SHOWING OF PROBABLE CAUSE TO THE MAGISTRATE SHALL INCLUDE SUFFICIENT INFORMATION SUPPORTED BY OATH OR AFFIRMATION THAT A CRIME HAS OCCURRED AND SHALL ISSUE AS A SUMMONS UNLESS A SUBSTANTIAL LIKELIHOOD EXISTS THAT THE DEFENDANT WILL NOT RESPOND TO A SUMMONS; AND TO AMEND THE SHERIFF'S SUPPLEMENTAL PENSION FUND.Intro. by Britt, Rabon, Meredith.
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Bill summary
House amendment #7 amends amendment #4, changing the act's long title. Makes technical changes to introductory language in amendments #4 and #6. Makes technical corrections and organizational changes in amendments #4 and #6.
House amendment #8 amends amendment #1. Modifies the proposed language in GS 15A-304(b)(2), now providing that an official can only find probable cause based solely on information provided by a person who is not a sworn law enforcement officer if the information is provided by written affidavit, notwithstanding subsection (d). Directs that if the finding of probable cause pursuant to subsection (d) is based solely upon the written affidavit of a person who is not a sworn law enforcement officer, the issuing official is prohibited from issuing a warrant for arrest, and instead must issue a criminal summons, unless either of the three previously specified circumstances exists (amendment #1 provided for finding probable cause solely based upon testimony of a person who is not a sworn law enforcement officer, instead of here, where the sole basis is provided by written affidavit).