Bill Summary for S 560 (2017-2018)
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View NCGA Bill Details | 2017-2018 Session |
AN ACT TO CLARIFY THE PROCESS FOR ELECTION OF THE CLEVELAND COUNTY BOARD OF EDUCATION.Intro. by J. Jackson, Britt, Tucker.
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Bill summary
Amends GS 15A-304, pertaining to warrants for arrest, to add new subsection (d1) establishing provisions to authorize a magistrate to issue a citizen's warrant or criminal summons, based solely on information supplied by a private person.
Requires the information provided by a private person to be supported by oath or affirmation and be sufficient for the magistrate to make an independent judgment that there is probable cause to believe that a crime has been committed and that the person to be arrested committed it. Requires the information to be shown by one or more of the methods listed in existing subsection (d) for showing probable cause for a warrant for arrest, which include by affidavit, oral testimony under oath or affirmation before the issuing official, or oral testimony under oath or affirmation presented by a sworn law enforcement officer to the issuing official by means of a clear audio and video transmission.
Directs that a citizen's summons rather than a citizen's warrant be issued unless: (1) the accused has a history of failure to appear before the court as required; (2) there is evidence that the accused is likely to escape or otherwise flee the State in order to avoid prosecution for the offense alleged; (3) there is evidence of imminent danger of harm to persons or property if the accused is not taken into custody; (4) the location of the accused is not readily discoverable, in that a criminal summons would be unlikely to be served before any court date assigned at the time of issue; (5) a relevant statute provides that arrest is mandatory for an offense charged; or (6) the seriousness of the offense constitutes grounds for an arrest warrant.
Amends subsection (a) to make organizational changes and to add the term citizen's warrant. Amends subsection (c) to make the requirements concerning the statement of the crime apply to both a warrant for arrest and a citizen's warrant. Makes change to subsection (d) to clarify that those provisions apply to warrants for arrest. Makes technical changes.
Effective December 1, 2017, and applies to warrants issued on or after that date.