House committee substitute makes the following changes to 1st edtion.
Amends proposed GS 15A-1331B, clarifying Class B1 and B2 felonies (rather than Class B). Clarifies that at the time the state prays judgment, or 12 months from the date of the prayer for judgment continued order, whichever is earlier, then the court must enter a final judgment unless the court finds that it is in the interest of justice to continue the order for prayer for judgment continued. Provides that the order must be continued for a specific period of time not to exceed 12 months, if the court continues the order for PJC. Prohibits the court from continuing a prayer for judgment continued order for more than one additional 12-month period. Makes a conforming change to the bill title.
Bill Summaries: H852 LMT PJCS/B1, B2, C, D, OR E FELONIES (NEW).
Bill H 852 (2011-2012)Summary date: Apr 27 2011 - View Summary
Bill H 852 (2011-2012)Summary date: Apr 8 2011 - View Summary
Enacts new GS 15A-1331B, as the title indicates. Further requires that if the court enters a prayer for judgment continued in a criminal action that is a Class B, C, D, or E felony, the court must include a condition that the state will pray judgment within 12 months and requires the court to enter a final judgment at the earlier of the time that the state prays judgment or 12 months from the date of the prayer for judgment continued order. Applies to criminal actions heard by the court on or after December 1, 2011.