Bill Summary for S 399 (2013-2014)

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Summary date: 

Jun 27 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 399 (Public) Filed Thursday, March 21, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION TO PROVIDE THAT A PERSON ACCUSED OF ANY CRIMINAL OFFENSE IN SUPERIOR COURT FOR WHICH THE STATE IS NOT SEEKING A SENTENCE OF DEATH MAY WAIVE THE RIGHT TO TRIAL BY JURY AND INSTEAD BE TRIED BY A JUDGE.
Intro. by Brunstetter.

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Bill summary

House committee substitute makes the following changes to the 3rd edition.

Changes the long title.

Amends proposed language in Section 24 of Article 1 of the NC Constitution to provide that a person accused of any criminal offense for which the State is not seeking a death sentence in superior court can, in writing or on the record in the court and with the judge's consent, waive the right to trial by jury (previously, provided that any person accused of any noncapital crime could waive the right to trial by jury).

Amends GS 15A-1201 to allow a defendant accused of any criminal offense for which the State is not seeking a death sentence in superior court to, knowingly and voluntarily, waive the right to trial by jury (previously, allowed a defendant in any noncapital criminal case in superior court to waive the right to trial by jury) in writing or on the record and with the trial judge's consent.