Bill Summary for S 580 (2011-2012)

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Summary date: 

Jun 17 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 580 (Public) Filed Tuesday, April 12, 2011
TO PROVIDE FOR AUTOMATIC REINSTATEMENT OF CASES THAT WERE DISMISSED WITH LEAVE IF THOSE CASES ARE WAIVABLE, TO CLARIFY THE CONDITIONS OF PRETRIAL RELEASE WHEN A DNA SAMPLE IS REQUIRED, TO ALLOW FOR SERVICE OF CRIMINAL PROCESS BY A LAW ENFORCEMENT OFFICER BEFORE A MAGISTRATE EVEN WHEN THE OFFICER IS OUTSIDE THE OFFICER’S TERRITORIAL JURISDICTION, TO ADD TO THE STATUTORY DUTIES OF THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE COURTS, TO DECREASE THE PERIOD OF TIME THAT STATE EMPLOYEES MUST BE SEPARATED FROM EMPLOYMENT PRIOR TO BEING SELECTED TO SERVE IN A POSITION WITHIN THE JUDICIAL BRANCH, TO ELIMINATE THE NECESSITY OF A HEARING TO REMOVE A PERSONAL REPRESENTATIVE IN ESTATE CASES, TO REPEAL THE REQUIREMENT THAT MAGISTRATES BE RESIDENTS OF THE COUNTY TO WHICH THEY ARE APPOINTED TO SERVE, TO CLARIFY WHEN A CLERK OF SUPERIOR COURT MAY RELEASE FUNDS HELD UNDER A CLAIM OF LIEN ON REAL PROPERTY, TO CHANGE THE DATE ON WHICH A NEWLY ELECTED CLERK OF SUPERIOR COURT TAKES OFFICE, TO GRANT THE COURT THE DISCRETION TO FIND THAT DISTANCE FROM THE COURT IS GOOD CAUSE TO EXEMPT A PARTY FROM CUSTODY MEDIATION, AND TO PROVIDE THAT FEES COLLECTED BY THE DISPUTE RESOLUTION COMMISSION ARE NONREVERTING.
Intro. by Hartsell.

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Bill summary

House amendment, adopted 6/16/11, makes the following changes to 2nd edition. Deletes provisions amending GS 15A-301(c), which allowed a municipal law enforcement officer to serve criminal process in a building with a court or office of the General Court of Justice or before any judicial official authorized to conduct an initial appearance if the officer has territorial jurisdiction to serve process in a municipality located in that county, and allowed the officer to arrest the person named in the process, as provided in GS 15A-402(b). Restores GS 7A-171.2(a) (requires a magistrate be a resident of the county for which he or she was appointed), which was repealed by previous edition. Makes conforming change to the title.